Public Act 098-0088
 
SB1322 EnrolledLRB098 02612 MRW 32617 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Sexually Dangerous Persons Act is amended by
changing Sections 4, 4.01, 4.02, 5, and 9 and by adding
Sections 4.04 and 4.05 as follows:
 
    (725 ILCS 205/4)  (from Ch. 38, par. 105-4)
    Sec. 4. After the filing of the petition, the court shall
appoint two qualified evaluators psychiatrists to make a
personal examination of the such alleged sexually dangerous
person, to ascertain whether the such person is sexually
dangerous, and the evaluators psychiatrists shall file with the
court a report in writing of the result of their examination, a
copy of which shall be delivered to the respondent.
(Source: Laws 1955, p. 1144.)
 
    (725 ILCS 205/4.01)  (from Ch. 38, par. 105-4.01)
    Sec. 4.01. "Qualified evaluator psychiatrist" means a
reputable physician or psychologist licensed in Illinois or any
other state to practice medicine or psychology, or any other
licensed professional who specializes in the evaluation of sex
offenders in all its branches, who has specialized in the
diagnosis and treatment of mental and nervous disorders for a
period of not less than 5 years.
(Source: Laws 1959, p. 1685.)
 
    (725 ILCS 205/4.02)  (from Ch. 38, par. 105-4.02)
    Sec. 4.02. In counties of less than 500,000 inhabitants the
cost of the psychiatric examination required by Section 4 is a
charge against and shall be paid out of the general fund of the
county in which the proceeding is brought.
(Source: Laws 1959, p. 1685.)
 
    (725 ILCS 205/4.04 new)
    Sec. 4.04. Examination. "Examination" means an examination
conducted in conformance with the standards developed under the
Sex Offender Management Board Act and by an evaluator licensed
under the Sex Offender Evaluation and Treatment Provider Act.
 
    (725 ILCS 205/4.05 new)
    Sec. 4.05. Criminal propensities to the commission of sex
offenses. For the purposes of this Act, "criminal propensities
to the commission of sex offenses" means that it is
substantially probable that the person subject to the
commitment proceeding will engage in the commission of sex
offenses in the future if not confined.
 
    (725 ILCS 205/5)  (from Ch. 38, par. 105-5)
    Sec. 5. The respondent in any proceedings under this Act
shall have the right to demand a trial by jury and to be
represented by counsel. The cost of representation by counsel
for an indigent respondent shall be paid by the county in which
the proceeding is brought. At the hearing on the petition it
shall be competent to introduce evidence of the commission by
the respondent of any number of crimes together with whatever
punishments, if any, were inflicted.
(Source: Laws 1955, p. 1144.)
 
    (725 ILCS 205/9)  (from Ch. 38, par. 105-9)
    Sec. 9. Recovery; examination and hearing.
    (a) An application in writing setting forth facts showing
that the such sexually dangerous person or criminal sexual
psychopathic person has recovered may be filed before the
committing court. Upon receipt thereof, the clerk of the court
shall cause a copy of the application to be sent to the
Director of the Department of Corrections. The Director shall
then cause to be prepared and sent to the court a
socio-psychiatric report concerning the applicant. The report
shall be prepared by an evaluator licensed under the Sex
Offender Evaluation and Treatment Provider Act a social worker
and psychologist under the supervision of a licensed
psychiatrist assigned to the institution wherein such
applicant is confined. The court shall set a date for the
hearing upon the such application and shall consider the report
so prepared under the direction of the Director of the
Department of Corrections and any other relevant information
submitted by or on behalf of the such applicant.
    (b) At a hearing under this Section, the Attorney General
or State's Attorney who filed the original application shall
represent the State. The sexually dangerous 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
applicant is still a sexually dangerous person.
    (c) If the applicant refuses to speak to, communicate with,
or otherwise fails to cooperate with the State's examiner, the
applicant may only introduce evidence and testimony from any
expert or professional person who is retained to conduct an
examination based upon review of the records and may not
introduce evidence resulting from an examination of the person.
Notwithstanding the provisions of Section 10 of the Mental
Health and Developmental Disabilities Confidentiality Act, all
evaluations conducted under this Act and all Illinois
Department of Corrections treatment records shall be
admissible at all proceedings held under this Act.
    (d) If a person has previously filed an application in
writing setting forth facts showing that the sexually dangerous
person or criminal sexual psychopathic person has recovered and
the court determined either at a hearing or following a jury
trial that the applicant is still a sexually dangerous person,
or if the application is withdrawn, no additional application
may be filed for 2 years one year after a finding that the
person is still sexually dangerous or after the application is
withdrawn, except if the application is accompanied by a
statement from the treatment provider that the applicant has
made exceptional progress and the application contains facts
upon which a court could find that the condition of the person
had so changed that a hearing is warranted.
    (e) If the person is found to be no longer dangerous, the
court shall order that he or she be discharged. If the court
finds that the person appears no longer to be dangerous but
that it is impossible to determine with certainty under
conditions of institutional care that the such person has fully
recovered, the court shall enter an order permitting the such
person to go at large subject to the such conditions and such
supervision by the Director as in the opinion of the court will
adequately protect the public. In the event the person violates
any of the conditions of the such order, the court shall revoke
the such conditional release and recommit the person under
pursuant to Section 5-6-4 of the Unified Code of Corrections
under the terms of the original commitment. Upon an order of
discharge every outstanding information and indictment, the
basis of which was the reason for the present detention, shall
be quashed.
(Source: P.A. 94-404, eff. 1-1-06.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.
INDEX
Statutes amended in order of appearance
    725 ILCS 205/4from Ch. 38, par. 105-4
    725 ILCS 205/4.01from Ch. 38, par. 105-4.01
    725 ILCS 205/4.02from Ch. 38, par. 105-4.02
    725 ILCS 205/4.04 new
    725 ILCS 205/4.05 new
    725 ILCS 205/5from Ch. 38, par. 105-5
    725 ILCS 205/9from Ch. 38, par. 105-9