|
(a) If a person has been committed under Section 40 of this |
Act
and has not been discharged under Section 65 of this Act, |
the
Department shall submit a written report to the court on |
his or her mental
condition within 6 months after an initial |
commitment under
Section 40 and then at least once every 12 |
months after an initial commitment under Section 40 thereafter |
for
the purpose of determining whether: (1) the person has made |
sufficient
progress in treatment to be conditionally released |
and (2) whether the person's condition has so changed since the |
most recent periodic reexamination (or initial commitment, if |
there has not yet been a periodic reexamination) that he or she |
is no longer a sexually violent person or discharged. At the |
time of
a reexamination under this Section, the person who has |
been
committed may retain or, if he or she is indigent and so |
requests,
the court may appoint a qualified expert or a |
professional person
to examine him or her.
|
(b) Any examiner conducting an examination under this |
Section
shall prepare a written report of the examination no |
later than 30
days after the date of the examination. The |
examiner shall place
a copy of the report in the person's |
health care records and shall
provide a copy of the report to |
the court that committed the
person under Section 40.
The |
examination shall be conducted in conformance with the |
standards
developed under the Sex Offender Management Board Act |
and by an evaluator
approved by the Board.
|
(c) Notwithstanding subsection (a) of this Section, the |
|
court
that committed a person under Section 40 may order a |
reexamination
of the person at any time during the period in |
which the person is
subject to the commitment order.
Any |
examiner conducting an examination under this Section shall |
prepare a written report of the examination no later than 30 |
days after the date of the examination.
|
(d) Petitions for discharge after reexamination must |
follow the
procedure
outlined in
Section 65 of this Act.
|
(Source: P.A. 93-616, eff. 1-1-04; 93-885, eff. 8-6-04.)
|
(725 ILCS 207/60)
|
Sec. 60. Petition for conditional release.
|
(a) Any person who is committed for institutional care in a
|
secure facility or other facility under Section 40 of this Act |
may
petition the committing court to modify its order by |
authorizing
conditional release if at least 12 6 months have |
elapsed since the
initial commitment order was entered, an |
order continuing commitment was entered pursuant to Section 65, |
the most recent release
petition was denied or the most recent |
order for conditional
release was revoked. The director of the |
facility at which the
person is placed may file a petition |
under this Section on the
person's behalf at any time.
If the |
evaluator on behalf of the Department recommends that the |
committed person is appropriate for conditional release, then |
the director or designee shall, within 30 days of receipt of |
the evaluator's report, file with the committing court notice |
|
of his or her intention whether or not to petition for |
conditional release on the committed person's behalf.
|
(b) If the person files a timely petition without counsel, |
the
court shall serve a copy of the petition on the Attorney |
General
or State's Attorney, whichever is applicable and, |
subject to
paragraph (c)(1) of Section 25 of this Act, appoint |
counsel. If the person
petitions through counsel, his or her |
attorney shall serve the
Attorney General or State's Attorney, |
whichever is applicable.
|
(c) Within 20 days after receipt of the petition, upon the |
request of the committed person or on the court's own motion, |
the court may
appoint an examiner having the specialized
|
knowledge determined by the court to be appropriate, who shall
|
examine the mental condition of the person and furnish a |
written report of
the
examination
to the court within 30 days |
after appointment. The examiners
shall have reasonable access |
to the person for purposes of
examination and to the person's |
past and present treatment records
and patient health care |
records. If any such examiner believes
that the person is |
appropriate for conditional release, the
examiner shall report |
on the type of treatment and services that
the person may need |
while in the community on conditional release. The State
has |
the right to have the person evaluated by experts chosen by the |
State.
Any examination or evaluation conducted under this |
Section shall be in
conformance with the standards developed |
under the Sex Offender
Management Board Act and conducted by an |
|
evaluator approved by the Board.
The
court shall set a probable |
cause hearing as soon as practical after the
examiners' reports |
are filed. The probable cause hearing shall consist of a review |
of the examining evaluators' reports and arguments on behalf of |
the parties. If the court finds probable cause to believe the |
person has made sufficient progress in treatment to the point |
where he or she is no longer substantially probable to engage |
in acts of sexual violence if on conditional release If the |
court determines at the probable cause
hearing that cause |
exists to believe that it is not substantially probable that
|
the person will engage in acts of sexual violence if on release |
or conditional
release, the court shall set a hearing on the |
issue.
|
(d) The court, without a jury, shall hear the petition as |
soon as practical after the reports of all examiners are filed
|
with the court. The
court shall grant the petition unless the |
State proves by clear
and convincing evidence that the person |
has not made sufficient progress in treatment to the point |
where he or she is no longer substantially probable to engage |
in acts of sexual violence if on conditional release to
be |
conditionally released. In making a decision under
this |
subsection, the court must consider the nature and
|
circumstances of the behavior that was the basis of the |
allegation
in the petition under paragraph (b)(1) of Section 15 |
of this Act, the person's
mental history and present mental |
condition, and what
arrangements are available to ensure that |
|
the person has access to
and will participate in necessary |
treatment.
|
(e) Before the court may enter an order directing |
conditional release to
a less restrictive alternative it must |
find the following: (1) the person will
be treated by a |
Department approved treatment provider, (2) the treatment
|
provider has presented a specific course of treatment and has |
agreed to assume
responsibility for the treatment and will |
report progress to the Department on
a regular basis, and will |
report violations immediately to the Department,
consistent |
with treatment and supervision needs of the respondent, (3) |
housing
exists that is sufficiently secure to protect the |
community, and the person or
agency providing housing to the |
conditionally released person has agreed in
writing to accept |
the person, to provide the level of security required by the
|
court, and
immediately to report to the Department if the |
person leaves the housing to
which he or she has been assigned |
without authorization, (4) the person is
willing to or has |
agreed to comply with the treatment provider, the Department,
|
and
the court, and (5) the person has agreed or is willing to |
agree to comply
with the behavioral monitoring requirements |
imposed by the court and the
Department.
|
(f) If the court finds that the person is appropriate for
|
conditional release, the court shall notify the Department. The
|
Department shall prepare a plan that identifies the treatment |
and
services, if any, that the person will receive in the |
|
community.
The plan shall address the person's need, if any, |
for supervision,
counseling, medication, community support |
services, residential
services, vocational services, and |
alcohol or other drug abuse
treatment. The Department may |
contract with a county health
department, with another public |
agency or with a private agency to
provide the treatment and |
services identified in the plan. The
plan shall specify who |
will be responsible for providing the
treatment and services |
identified in the plan. The plan shall be
presented to the |
court for its approval within 60 days after the
court finding |
that the person is appropriate for conditional
release, unless |
the Department and the person to be released
request additional |
time to develop the plan.
|
(g) The provisions of paragraphs (b)(4), (b)(5), and (b)(6) |
of Section 40 of this Act
apply to an
order for conditional |
release issued under this Section.
|
(Source: P.A. 96-1128, eff. 1-1-11.)
|
(725 ILCS 207/65)
|
Sec. 65. Petition for discharge; procedure.
|
(a)(1) If the Secretary determines at any time that a |
person
committed under this Act is no longer a sexually violent |
person,
the Secretary shall authorize the person to petition |
the
committing court for discharge. If the evaluator on behalf |
of the Department recommends that the committed person is no |
longer a sexually violent person, then the Secretary or |
|
designee shall, within 30 days of receipt of the evaluator's |
report, file with the committing court notice of his or her |
determination whether or not to authorize the committed person |
to petition the committing court for discharge. The person |
shall file the
petition with the court and serve a copy upon |
the Attorney General
or the State's Attorney's office that |
filed the petition under
subsection (a) of Section 15 of this |
Act, whichever is applicable. The court,
upon receipt of the |
petition for discharge, shall order a hearing
to be held as |
soon as practical after the date of receipt of the
petition.
|
(2) At a hearing under this subsection, the Attorney |
General
or State's Attorney, whichever filed the original |
petition, shall
represent the State. The State has the right to |
have the person evaluated by experts chosen by the State and |
shall have the right to have the
petitioner examined by an |
expert or professional person of his or
her choice. The |
examination shall be conducted in conformance with the
|
standards developed under the Sex Offender Management Board Act |
and by an
evaluator approved by the Board. The
committed person |
or the State may elect to have the hearing
before a jury.
The |
State has the burden of proving by clear and convincing
|
evidence that the petitioner is still a sexually violent |
person.
|
(3) If the court or jury is satisfied that the State has |
not met its
burden of proof under paragraph (a)(2) of this |
Section, the
petitioner shall be discharged from the custody or |
|
supervision of
the Department. If the court is satisfied that |
the State has met
its burden of proof under paragraph (a)(2), |
the court may proceed
under Section 40 of this Act to determine |
whether to modify the
petitioner's existing commitment order.
|
(b)(1) A person may petition the committing court for |
discharge
from custody or supervision without the Secretary's |
approval. At
the time of an examination under subsection (a) of |
Section 55 of this Act, the
Secretary shall provide the |
committed person with a written notice
of the person's right to |
petition the court for discharge over the
Secretary's |
objection. The notice shall contain a waiver of
rights. The |
Secretary shall forward the notice and waiver form to
the court |
with the report of the Department's examination under
Section |
55 of this Act. If the person does not affirmatively
waive the |
right to petition, the court shall set a probable cause
hearing |
to determine whether facts exist to believe that since the most |
recent periodic reexamination (or initial commitment, if there |
has not yet been a periodic reexamination), the condition of |
the committed person has so changed that he or she is no longer |
a sexually violent person. However, if a person has previously |
filed a petition for discharge without the Secretary's approval |
and the court determined, either upon review of the petition or |
following a hearing, that the person's petition was frivolous |
or that the person was still a sexually violent person, then |
the court shall deny any subsequent petition under this Section |
without a hearing unless the petition contains facts upon which |
|
a court could reasonably find that the condition of the person |
had so changed that a hearing was warranted that warrant a |
hearing on
whether the person is still a sexually violent |
person.
If a
person does not file a petition for discharge, yet |
fails to waive the right to
petition under
this Section, then |
the probable cause hearing consists only of a review of
the
|
reexamination reports and arguments on behalf of the parties.
|
The
committed person has a right to have an attorney represent |
him or
her at the probable cause hearing, but the person is not |
entitled
to be present at the probable cause hearing.
The
|
probable cause hearing under this Section must be held as soon |
as practical after the
filing of the
reexamination report under |
Section 55 of this Act.
|
(2) If the court determines at the probable cause hearing
|
under paragraph (b)(1) of this Section that probable cause |
exists
to believe that since the most recent periodic |
reexamination (or initial commitment, if there has not yet been |
a periodic reexamination), the condition of the committed |
person has so changed that he or she is no longer a sexually
|
violent person, then the court shall set a hearing on the |
issue.
At a hearing under this Section, the committed person is |
entitled
to be present and to the benefit of the protections |
afforded to
the person under Section 25 of this Act.
The
|
committed person or the State may elect to have a hearing under |
this Section
before a
jury. A verdict of a jury under this |
Section is not valid unless it is
unanimous.
The Attorney |
|
General or
State's Attorney, whichever filed the original |
petition, shall
represent the State at a hearing under this |
Section. The State has the right
to have the committed person |
evaluated by experts chosen by the
State.
The examination shall |
be conducted in conformance with the standards
developed under |
the Sex Offender Management Board Act and by an evaluator
|
approved by the Board. At the hearing, the State has the burden |
of proving by
clear and convincing evidence that the committed |
person is still a
sexually violent person.
|
(3) If the court or jury is satisfied that the State has |
not met its
burden of proof under paragraph (b)(2) of this |
Section, the
person shall be discharged from the custody or |
supervision of the
Department. If the court or jury is |
satisfied that the State has met its
burden of proof under |
paragraph (b)(2) of this Section, the court
may proceed under |
Section 40 of this Act to determine whether to
modify the |
person's existing commitment order.
|
(c) This Section applies to petitions pending on the |
effective date of this amendatory Act of the 97th General |
Assembly and to petitions filed on or after that date. This |
provision is severable from the other provisions of this |
Section under Section 1.31 of the Statute on Statutes. |
(Source: P.A. 96-1128, eff. 1-1-11.)
|
(725 ILCS 207/70 rep.)
|
Section 10. The Sexually Violent Persons Commitment Act is |
|
amended by repealing Section 70.
|
Section 15. The Unified Code of Corrections is amended by |
changing Sections 3-3-4 and 3-3-5 as follows:
|
(730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
|
Sec. 3-3-4. Preparation for Parole Hearing.
|
(a) The Prisoner Review Board shall consider the parole
of |
each eligible person committed to the Adult Division at
least |
30 days prior to the date he shall first become
eligible for |
parole, and shall consider the parole of each
person committed |
to the Department of Juvenile Justice as a delinquent
at least |
30 days prior to the expiration of the first year
of |
confinement.
|
(b) A person eligible for parole shall, no less than 15 |
days in advance of
his parole interview, prepare a parole plan |
in accordance
with the rules of the Prisoner Review Board. The |
person
shall be assisted in preparing his parole plan by |
personnel
of the Department of Corrections, or the Department |
of Juvenile Justice in the case of a person committed to that |
Department, and may, for this purpose, be released
on furlough |
under Article 11 or on authorized absence under
Section 3-9-4. |
The appropriate Department shall also provide
assistance in |
obtaining information and records helpful to
the individual for |
his parole hearing. If the person eligible for parole has a |
petition or any written submissions prepared on his or her |
|
behalf by an attorney or other representative, the attorney or |
representative for the person eligible for parole must serve by |
certified mail the State's Attorney of the county where he or |
she was prosecuted with the petition or any written submissions |
15 days after his or her parole interview. The State's Attorney |
shall provide the attorney for the person eligible for parole |
with a copy of his or her letter in opposition to parole via |
certified mail within 5 business days of the en banc hearing.
|
(c) Any member of the Board shall have access at all
|
reasonable times to any committed person and to his master
|
record file within the Department, and the Department shall
|
furnish such a report to the Board
concerning the conduct and |
character of any such person prior to his or her parole |
interview.
|
(d) In making its determination of parole, the Board
shall |
consider:
|
(1) material transmitted to the Department of Juvenile |
Justice by the
clerk of the committing court under Section |
5-4-1 or Section
5-10 of the Juvenile Court Act or Section |
5-750 of the Juvenile
Court Act of 1987;
|
(2) the report under Section 3-8-2 or 3-10-2;
|
(3) a report by the Department and any report by the
|
chief administrative officer of the institution or |
facility;
|
(4) a parole progress report;
|
(5) a medical and psychological report, if requested
by |
|
the Board;
|
(6) material in writing, or on film, video tape or |
other electronic
means in the form of a recording submitted |
by the person whose parole
is being considered; and
|
(7) material in writing, or on film, video tape or |
other electronic
means in the form of a recording or |
testimony submitted by the State's
Attorney and the victim |
or a concerned citizen pursuant to the Rights of Crime |
Victims and Witnesses Act; and .
|
(8) the person's eligibility for commitment under the |
Sexually Violent Persons Commitment Act. |
(e) The prosecuting State's Attorney's office shall |
receive from the Board reasonable
written notice not less than |
30 days prior to the parole interview and may
submit relevant |
information by oral argument or testimony of victims and |
concerned citizens, or both, in writing, or on film, video tape |
or other
electronic means or in the form of a recording to the |
Board for its
consideration. Upon written request of the |
State's Attorney's office, the Prisoner Review Board shall hear |
protests to parole, except in counties of 1,500,000 or more |
inhabitants where there shall be standing objections to all |
such petitions. If a State's Attorney who represents a county |
of less than 1,500,000 inhabitants requests a protest hearing, |
the inmate's counsel or other representative shall also receive |
notice of such request.
This hearing shall take place the month |
following the inmate's parole interview. If the inmate's parole |
|
interview is rescheduled then the Prisoner Review Board shall |
promptly notify the State's Attorney of the new date. The |
person eligible for parole shall be heard at the next scheduled |
en banc hearing date. If the case is to be continued, the |
State's Attorney's office and the attorney or representative |
for the person eligible for parole will be notified of any |
continuance within 5 business days. The State's Attorney may |
waive the written notice.
|
(f) The victim of the violent crime for which the prisoner |
has been
sentenced shall receive notice of a parole hearing as |
provided in paragraph
(4) of subsection (d) of Section 4.5 of |
the Rights of Crime Victims and Witnesses
Act.
|
(g) Any recording considered under the provisions of |
subsection (d)(6),
(d)(7) or (e) of this Section shall be in |
the form designated by the Board.
Such recording shall be both |
visual and aural. Every voice on the
recording and person |
present shall be identified and the recording shall
contain |
either a visual or aural statement of the person submitting |
such
recording, the date of the recording and the name of the |
person whose
parole eligibility is being considered. Such |
recordings shall be retained by
the Board and shall be deemed |
to be submitted at any subsequent parole hearing
if the victim |
or State's Attorney submits in writing a declaration clearly
|
identifying such recording as representing the present |
position of the
victim or State's Attorney regarding the issues |
to be considered at the parole
hearing.
|
|
(h) The Board shall not release any material to the inmate, |
the inmate's attorney, any third party, or any other person |
containing any information from the victim or from a person |
related to the victim by blood, adoption, or marriage who has |
written objections, testified at any hearing, or submitted |
audio or visual objections to the inmate's parole, unless |
provided with a waiver from that objecting party. |
(Source: P.A. 96-875, eff. 1-22-10; 97-523, eff. 1-1-12.)
|
(730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
|
Sec. 3-3-5. Hearing and Determination.
|
(a) The Prisoner
Review Board shall meet as often as need |
requires to consider
the cases of persons eligible for parole. |
Except as otherwise
provided in paragraph (2) of subsection (a) |
of Section 3-3-2
of this Act, the Prisoner Review Board may |
meet and
order its actions in panels of 3 or more members. The |
action
of a majority of the panel shall be the action of the |
Board.
In consideration of persons committed to the Department |
of Juvenile Justice,
the panel shall have at least a majority |
of members experienced
in juvenile matters.
|
(b) If the person under consideration for parole is in the
|
custody of the Department, at least one member of the Board
|
shall interview him, and a report of that interview shall be
|
available for the Board's consideration. However, in the
|
discretion of the Board, the interview need not be conducted
if |
a psychiatric examination determines that the person could
not |
|
meaningfully contribute to the Board's consideration. The
|
Board may in its discretion parole a person who is then outside
|
the jurisdiction on his record without an interview. The Board
|
need not hold a hearing or interview a person who is paroled
|
under paragraphs (d) or (e) of this Section or released on
|
Mandatory release under Section 3-3-10.
|
(c) The Board shall not parole a person eligible for
parole |
if it determines that:
|
(1) there is a substantial risk that he will not
|
conform to reasonable conditions of parole; or
|
(2) his release at that time would deprecate the
|
seriousness of his offense or promote disrespect for the |
law; or
|
(3) his release would have a substantially adverse
|
effect on institutional discipline.
|
(d) A person committed under the Juvenile Court Act
or the |
Juvenile Court Act of 1987
who has not been sooner released |
shall be paroled on or before
his 20th birthday to begin |
serving a period of parole under
Section 3-3-8.
|
(e) A person who has served the maximum term of
|
imprisonment imposed at the time of sentencing less time
credit |
for good behavior shall be released on parole to
serve a period |
of parole under Section 5-8-1.
|
(f) The Board shall render its decision within a
reasonable |
time after hearing and shall state the basis
therefor both in |
the records of the Board and in written
notice to the person on |
|
whose application it has acted.
In its decision, the Board |
shall set the person's time
for parole, or if it denies parole |
it shall provide for
a rehearing not less frequently than once |
every
year, except that the Board may,
after denying parole,
|
schedule a rehearing no later than 5 years from the date of the |
parole
denial, if the Board finds that it is not reasonable to |
expect that parole
would be granted at a hearing prior to the |
scheduled rehearing date. If the
Board shall parole a person, |
and, if he is not released within 90 days from
the effective |
date of the order granting parole, the matter shall be
returned |
to the Board for review.
|
(f-1) If the Board paroles a person who is eligible for |
commitment as a sexually violent person, the effective date of |
the Board's order shall be stayed for 90 days for the purpose |
of evaluation and proceedings under the Sexually Violent |
Persons Commitment Act. |
(g) The Board shall maintain a registry of decisions in |
which parole
has been granted, which shall include the name and |
case number of the
prisoner, the highest charge for which the |
prisoner was sentenced, the
length of sentence imposed, the |
date of the sentence, the date of the
parole, and the basis for |
the decision of the Board to grant parole and the
vote of the |
Board on any such decisions. The registry shall be made |
available
for public inspection and copying during business |
hours and shall be a public
record pursuant to the provisions |
of the Freedom of Information Act.
|