093_SB1577eng SB1577 Engrossed LRB093 11028 RLC 11705 b 1 AN ACT in relation to sexually dangerous persons. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Sexually Dangerous Persons Act is amended 5 by changing Section 9 as follows: 6 (725 ILCS 205/9) (from Ch. 38, par. 105-9) 7 Sec. 9. Application showing recovery. 8 (a) Any person who is committed as a sexually dangerous 9 person under this Act may file an application in writing 10 before the committing court setting forth facts showing that 11 such sexually dangerous person or criminal sexual 12 psychopathic person has recovered if at least 6 months have 13 elapsed since the initial commitment order was entered, the 14 most recent application showing recovery was denied, or the 15 most recent order for conditional release was revoked. The 16 Director of Corrections may file a petition under this 17 Section on a person's behalf at any time. A copy of the 18 application showing recovery shall be served on the State's 19 Attorney of the committing county. 20 (b) Within 30 days of receipt of the application showing 21 recovery, the court shall examine the application showing 22 recovery and determine if the application showing recovery 23 has been filed in accordance with the requirements of 24 subsection (a) of this Section. If the court determines that 25 this application showing recovery has not been filed in 26 accordance with the provisions of subsection (a), the court 27 may enter its order denying the applicant's application 28 showing recovery without further hearing. 29 (c) If the court determines that the application showing 30 recovery meets the requirements of subsection (a), then the SB1577 Engrossed -2- LRB093 11028 RLC 11705 b 1 court shall direct the clerk of the court to cause a copy of 2 the application to be sent to the Director of Corrections. 3 The Director shall then cause to be prepared and sent to the 4 court a socio-psychiatric report concerning the applicant. 5 The report shall be prepared by the psychiatrist, social 6 worker, psychologist, and warden of, or assigned to, the 7 institution where the applicant is confined. 8 (d) Upon receipt of the socio-psychiatric report, the 9 court shall appoint counsel for the applicant if he or she is 10 not already represented. If the applicant has refused to 11 participate in the socio-psychiatric evaluation, the court 12 shall set a probable cause hearing as soon as practical and 13 shall conduct the probable cause hearing using the Department 14 of Corrections report and witnesses. If the applicant has 15 participated in the socio-psychiatric evaluation, the court, 16 within 30 days after receipt of the socio-psychiatric report, 17 shall appoint an examiner having the specialized knowledge 18 determined by the court to be appropriate, who shall examine 19 the mental condition of the person and furnish a written 20 report of the examination to the court within 45 days after 21 appointment. The examiner shall have reasonable access to the 22 person for purposes of examination and to the person's past 23 and present treatment records and other Department of 24 Corrections records. If any such examiner believes that the 25 person is appropriate for conditional release, the examiner 26 shall report on the type of treatment and services that the 27 person will need while in the community on conditional 28 release. The State has the right to have the person evaluated 29 by experts chosen by the State. The court shall set a 30 probable cause hearing as soon as practical after the 31 examiner's report is filed. If the court determines at the 32 probable cause hearing that cause exists to believe that the 33 applicant has recovered and is no longer a sexually dangerous 34 person or that while he or she remains a sexually dangerous SB1577 Engrossed -3- LRB093 11028 RLC 11705 b 1 person, he or she can safely be released under appropriate 2 conditions and supervision, the court shall set a hearing on 3 the issue. If the court does not find probable cause to 4 believe that the applicant has recovered or that he or she 5 can safely be conditionally released, the court shall deny 6 the application for recovery. 7 (e) The court, with or without a jury, at the 8 applicant's election, shall set for trial those applications 9 for recovery that have been timely filed in accordance with 10 the provisions of subsection (a) and in which the court has 11 determined at the probable cause hearing that cause exists to 12 believe that the applicant has recovered and is no longer a 13 sexually dangerous person or that while he or she remains a 14 sexually dangerous person, the applicant can safely be 15 released under appropriate conditions and supervision, in 16 accordance with the speedy trial provisions under Section 17 103-5 of the Code of Criminal Procedure of 1963. However, the 18 speedy trial provisions do not commence until the court at 19 the probable cause hearing has determined that cause exists 20 to believe that the applicant has recovered or can safely be 21 conditionally released. 22 (f) A jury, or the court without a jury if the applicant 23 has waived a jury, shall make one of 3 findings following a 24 trial: 25 (1) If the State proves by clear and convincing 26 evidence that the person has not recovered and is still a 27 sexually dangerous person, the petition shall be denied. 28 (2) If the State proves by clear and convincing 29 evidence that the person has only recovered substantially 30 and that he can be allowed safely to go at large only if 31 he or she is subject to conditions and supervision, then 32 the petition shall be granted subject to such conditions 33 and supervision as are imposed by the court following the 34 finding of substantial recovery. SB1577 Engrossed -4- LRB093 11028 RLC 11705 b 1 (3) If the State fails to prove by clear and 2 convincing evidence that the person has not recovered and 3 is still a sexually dangerous person and also fails to 4 prove by clear and convincing evidence that the person 5 has only recovered substantially and requires conditions 6 and supervision, the petition shall be granted and the 7 person discharged. 8 In making a decision under this subsection (f), the court or 9 jury may consider the nature and circumstances of the 10 behavior that was the basis for the original commitment as a 11 sexually dangerous person, the person's mental history and 12 present mental condition, the person's participation and 13 progress in treatment while in the custody of the Department 14 of Corrections, the results of psychological actuarial 15 instruments normally used with sex offenders, where the 16 person will live, how the person will support himself or 17 herself, the necessity of additional treatment and the 18 availability of that treatment, the likelihood that the 19 person will participate in necessary treatment, and any other 20 relevant evidence. 21 (g) In the event that a person conditionally released is 22 alleged to have violated any of the conditions of his or her 23 order of conditional release, the State's Attorney shall file 24 a petition to revoke the conditional release. The court shall 25 issue a warrant and place the sexually dangerous person in 26 the custody of the county sheriff pending a hearing on the 27 petition to revoke, which hearing shall be conducted under 28 Section 5-6-4 of the Unified Code of Corrections. If the 29 court finds by a preponderance of the evidence that the 30 person has violated any of the conditions of his or her order 31 of conditional release, the court shall revoke such 32 conditional release and recommit the person to the Department 33 of Corrections.An application in writing setting forth facts34showing that such sexually dangerous person or criminalSB1577 Engrossed -5- LRB093 11028 RLC 11705 b 1sexual psychopathic person has recovered may be filed before2the committing court. Upon receipt thereof, the clerk of the3court shall cause a copy of the application to be sent to the4Director of the Department of Corrections. The Director shall5then cause to be prepared and sent to the court a6socio-psychiatric report concerning the applicant. The report7shall be prepared by a social worker and psychologist under8the supervision of a licensed psychiatrist assigned to, the9institution wherein such applicant is confined. The court10shall set a date for the hearing upon such application and11shall consider the report so prepared under the direction of12the Director of the Department of Corrections and any other13relevant information submitted by or on behalf of such14applicant. If the person is found to be no longer dangerous,15the court shall order that he be discharged. If the court16finds that the person appears no longer to be dangerous but17that it is impossible to determine with certainty under18conditions of institutional care that such person has fully19recovered, the court shall enter an order permitting such20person to go at large subject to such conditions and such21supervision by the Director as in the opinion of the court22will adequately protect the public. In the event the person23violates any of the conditions of such order, the court shall24revoke such conditional release and recommit the person25pursuant to Section 5-6-4 of the Unified Code of Corrections26under the terms of the original commitment. Upon an order of27discharge every outstanding information and indictment, the28basis of which was the reason for the present detention,29shall be quashed.30 (Source: P.A. 92-786, eff. 8-6-02.)