Sexually Violent Persons (SVP)

A “sexually violent offense” is any of the following crimes:

• Specified under 725 ILCS 207/5(e)(1)
  • Section 11-1.20: Criminal sexual assault
  • Section 11-1.30: Aggravated Criminal Sexual Assault
  • Section 11-1.40: Predatory criminal sexual assault of a child
  • Section 11-1.60: Aggravated criminal sexual abuse
  • Section 11-6: Indecent solicitation of a child
  • Section 11-20.1: Child sexual abuse material

• Specified under former law of Illinois 725 ILCS 207/5(e)(1.5)
  • Section 11-1 (rape)
  • Section 11-3 (deviate sexual assault)
  • Section 11-4 (indecent liberties with a child)
  • Section 11-4.1 (aggravated indecent liberties with a child)
• First degree murder, but only

The statute defines a “sexually violent person” as someone who:

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An SVP petition can be filed at the following times during the criminal justice process:

• At the end of an individual's sentence in the Department of Corrections.
• At the end of an individual’s period of confinement with the Illinois Department of Human Services after being adjudicated Not Guilty by Reason of Insanity.
• At the end of their confinement in the Department of Juvenile Justice. 

Once a petition is filed

• The court first determines probable cause.
• If probable cause exists, the person may be detained pending trial.
• The State must ultimately prove the SVP criteria beyond a reasonable doubt at trial. (Although later discharge or review hearings use a clear-and-convincing standard.)

If found to be an SVP, the individual is committed to the custody of the Illinois Department of Human Services for “control, care, and treatment” until they are no longer considered sexually violent. 

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A person may only be civilly committed as a “sexually violent person” if the State proves three core elements:

1. The person has a qualifying sexually violent offense history
   This can include:
   1. a conviction for a sexually violent offense,
   2. a delinquency adjudication for a sexually violent offense, or
   3. a finding of Not Guilty by Reason of Insanity for a sexually violent offense.
2. The person has a qualifying mental disorder Illinois defines “mental disorder” as a congenital or acquired condition affecting emotional or volitional capacity that predisposes the person to commit acts of sexual violence.
3. The person is dangerous because the mental disorder creates a substantial probability that they will engage in future acts of sexual violence. This is the critical risk nexus requirement—not merely that the person committed a sex offense in the past, but that the disorder currently makes future sexual violence substantially probable.
   

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For any individual in IDHS custody who was found NGRI for an offense that may qualify as a sexually violent offense under the Illinois Sexually Violent Persons Commitment Act, the case should be reviewed before any proposed conditional release or discharge to the community. The purpose of this review is to determine whether the individual may meet criteria for referral under the SVP Act. The Act specifically includes individuals who have been found not guilty of a sexually violent offense by reason of insanity within the definition of a sexually violent person, when the remaining statutory criteria are also met.

The SVP Referral Form is intended to notify Central Office that the individual may require review to determine whether an SVP evaluation or referral process is needed before release to the community. This form should be completed when

• the individual is currently under IDHS custody as NGRI
• the underlying offense may qualify as a sexually violent offense, and
• discharge or conditional release is being considered or is reasonably anticipated.

Completion of the form does not mean the individual meets SVP criteria. Rather, it allows Central Office to review the case and determine whether further assessment, notice, consultation, or referral is required.

The form should be submitted to Central Office as early as possible once discharge or conditional release becomes a realistic consideration, so there is sufficient time to review the qualifying offense, current clinical presentation, treatment history, risk concerns, and any statutory referral requirements. The SVP review is separate from the usual NGRI discharge or conditional release process and should occur before the individual is released to the community when SVP criteria may apply.

If the review indicates that the individual may meet SVP criteria, IDHS, as the agency with jurisdiction, should coordinate the required notice and referral process before the anticipated conditional release or discharge. The SVP Act requires the agency with jurisdiction to notify the Attorney General and the appropriate State’s Attorney as soon as possible beginning 3 months before the anticipated discharge or conditional release of a person found NGRI for a sexually violent offense.

This process should be treated as separate from the usual NGRI conditional release or discharge review under 730 ILCS 5/5 2 4. The clinical team may still evaluate whether conditional release or discharge is appropriate under the NGRI statute, but when the underlying offense may qualify under the SVP Act, IDHS should also complete the separate SVP screening and referral review before community release.

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