§ 5405.
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§ 5405. Court determination of sexually violent predators
(a)The General Assembly finds that some sexual offenders should be subject to increased sex offender registry and community notification procedures. It is the intent of the General Assembly that State’s Attorneys utilize the provisions in this section to petition the court to designate those offenders who pose a greater risk to the public as sexually violent predators to ensure that those offenders will be required to register as sex offenders for life, and that they will be among those offenders who are included on the State’s Internet Sex Offender Registry.
(b)Within 15 days after the conviction of a sex offender, the State may file a petition with the court requesting that the person be designated as a sexually violent predator.
(c)The determination of whether a person is a sexually violent predator shall be made by the court at the time of sentencing.
(d)The court shall order a presentence investigation that shall include a psychosexual evaluation of the offender.
(e)In making a determination of whether the person is a sexually violent predator, the court shall examine the following:
(1)the person’s criminal history;
(2)any testimony presented at trial, including expert testimony as to the person’s mental state;
(3)the person’s history of treatment for a personality disorder or mental abnormality connected with his or her criminal sexual behavior;
(4)any mitigating evidence, including treatment history, evidence of modified behavior, or expert testimony, that the convicted sex offender wishes to provide to the court prior to the determination; and
(5)any other relevant evidence.
(f)The standard of proof when the court makes such a determination shall be clear and convincing evidence that the convicted sex offender suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses.
(g)The court shall determine whether the offender was eligible to be charged as a habitual offender as provided in section 11 of this title or a violent career criminal as provided in section 11a of this title and shall make findings as to such.
(h)After making its determinations, the court shall issue a written decision explaining the reasons for its determinations and provide a copy of the decision to the Department within 14 days.
(i)A person who is determined to be a sexually violent predator shall be subject to sex offender lifetime registration and community notification and inclusion on the Internet Sex Offender Registry as provided in this subchapter. (Added 1995, No. 124 (Adj. Sess.), § 1, eff. Sept. 1, 1996; amended 2001, No. 49, § 5, eff. Sept. 1, 2001; 2005, No. 79, § 8; 2017, No. 11, § 27.)