NOTE: This article was refreshed to explain the ramifications of Public Act 102-538. After an effective date of August 20, 2021, this Act adjusted the requirements for the submission of DNA samples by sexually violent persons under 725 ILCS 207/45.
In Illinois, sex offenders who the State feels are still a threat to society can be locked up indefinitely. In order to prevent a convicted sex offender from being released from jail, the State must file a Petition no more than 90 days before the inmate’s scheduled release from custody. The Sexually Violent Person Act (codified at 725 ILCS 207 et. seq.) requires the State to prove any of the following:
- The named person has been convicted of a sexually violent offense;
- The named person has been found delinquent for a sexually violent offense;
- The named person has been found not guilty of a sexually violent offense by reason of insanity, mental disease or mental defect;
- The person has a mental disorder; or
- The person is dangerous to others because the person’s mental disorder creates a substantial probability that he or she will engage in acts of sexual violence.
Prior to trial, the person will be evaluated by State-hired psychologists to determine if the person has a mental defect. Such a person is also entitled to have the State pay for an expert of their own to evaluate their mental state. Even though the Sexually Violent Person statute is considered civil in nature, the statute does grant almost all the rights and protections as a criminal proceeding.
If a person is found after trial to be sexually violent, they are committed to the Illinois Department of Public Health (“DPH”) for treatment. Sex offender treatment is very long and involved and can take years to complete, even under the best of circumstances. Many times, those who are committed will never be released from the custody of DPH. The statute does allow for a person to be released into the community, if appropriate treatment options are available. However, there are strikingly few treatment facilities that are capable of administering the intense treatment required for the State to agree to release an individual back into the general population.
Unfortunately, the majority of those individuals who go to trial on a Sexually Violent Person petition are found to be sexually violent and committed indefinitely.
Furthermore, any offender deemed to be a sexually violent person must submit DNA sample under 725 ILCS 207/45. With passage of Public Act 102-538, the Illinois State Police is responsible for adopting rules to govern the submission of these DNA samples, including restrictions for use.
