Full Text of SB1322 98th General Assembly
SB1322 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1322 Introduced 2/5/2013, by Sen. William R. Haine SYNOPSIS AS INTRODUCED: |
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Amends the Sexually Dangerous Persons Act. Provides that the examination to determine whether a person is sexually dangerous shall be conducted by 2 qualified evaluators (rather than 2 qualified psychiatrists). Defines "qualified evaluator" and "examination". Provides that "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. Provides that the cost of representation by counsel for an indigent respondent shall be paid by the county in which the proceeding is brought. Provides that the socio-psychiatric report shall be prepared by an evaluator approved by the Sex Offender Management Board (rather than by a social worker and psychologist under the supervision of a licensed psychiatrist assigned to the institution where the applicant is confined). Provides that if a person has previously filed an application in writing showing that the sexually dangerous person or criminal sexual psychopathic person has recovered and the court determined 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a hearing or following a jury trial that the applicant is still a sexually dangerous person, or if the application is withdrawn, no additional application may be filed for 2 years (rather than one year) after a finding that the person is still sexually dangerous or after the application is withdrawn, except if the application is accompanied by a statement from the treatment provider that the applicant has made exceptional progress and the application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. Effective immediately.
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| 1 | | AN ACT concerning criminal law.
| 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 by | 5 | | changing Sections 4, 4.01, 4.02, 5, and 9 and by adding | 6 | | Sections 4.04 and 4.05 as follows:
| 7 | | (725 ILCS 205/4) (from Ch. 38, par. 105-4)
| 8 | | Sec. 4.
After the filing of the petition, the court shall | 9 | | appoint two
qualified evaluators psychiatrists to make a | 10 | | personal examination of the such alleged
sexually dangerous | 11 | | person, to ascertain whether the such person is sexually
| 12 | | dangerous, and the evaluators psychiatrists shall file with the | 13 | | court a report in
writing of the result of their examination, a | 14 | | copy of which shall be
delivered to the respondent.
| 15 | | (Source: Laws 1955, p. 1144.)
| 16 | | (725 ILCS 205/4.01) (from Ch. 38, par. 105-4.01)
| 17 | | Sec. 4.01.
"Qualified evaluator psychiatrist " means a | 18 | | reputable physician or psychologist licensed in
Illinois or any | 19 | | other state to practice medicine or psychology, or any other | 20 | | licensed professional who specializes in the evaluation of sex | 21 | | offenders in all its branches, who has specialized in
the | 22 | | diagnosis and treatment of mental and nervous disorders for a |
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| 1 | | period of
not less than 5 years .
| 2 | | (Source: Laws 1959, p. 1685.)
| 3 | | (725 ILCS 205/4.02) (from Ch. 38, par. 105-4.02)
| 4 | | Sec. 4.02.
In counties of less than 500,000 inhabitants the | 5 | | cost of the
psychiatric examination required by Section 4 is a | 6 | | charge against and shall
be paid out of the general fund of the | 7 | | county in which the proceeding is
brought.
| 8 | | (Source: Laws 1959, p. 1685.)
| 9 | | (725 ILCS 205/4.04 new) | 10 | | Sec. 4.04. Examination. "Examination" means an examination | 11 | | conducted by a qualified evaluator conducted in conformance | 12 | | with the standards developed under the Sex Offender Management | 13 | | Board Act and by an evaluator approved by the Sex Offender | 14 | | Management Board. | 15 | | (725 ILCS 205/4.05 new) | 16 | | Sec. 4.05. Criminal propensities to the commission of sex | 17 | | offenses. For the purposes of this Act, "criminal propensities | 18 | | to the commission of sex offenses" means that it is | 19 | | substantially probable that the person subject to the | 20 | | commitment proceeding will engage in the commission of sex | 21 | | offenses in the future if not confined.
| 22 | | (725 ILCS 205/5) (from Ch. 38, par. 105-5)
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| 1 | | Sec. 5.
The respondent in any proceedings under this Act | 2 | | shall have the
right to demand a trial by jury and to be | 3 | | represented by counsel. The cost of representation by counsel | 4 | | for an indigent respondent shall be paid by the county in which | 5 | | the proceeding is brought. At the
hearing on the petition it | 6 | | shall be competent to introduce evidence of the
commission by | 7 | | the respondent of any number of crimes together with whatever
| 8 | | punishments, if any, were inflicted.
| 9 | | (Source: Laws 1955, p. 1144.)
| 10 | | (725 ILCS 205/9) (from Ch. 38, par. 105-9)
| 11 | | Sec. 9. Recovery; examination and hearing.
| 12 | | (a) An application in writing setting forth facts showing | 13 | | that the such
sexually dangerous person or criminal sexual | 14 | | psychopathic person has
recovered may be filed before the | 15 | | committing court. Upon receipt thereof,
the clerk of the court | 16 | | shall cause a copy of the application to be sent to
the | 17 | | Director of the Department of Corrections. The Director shall | 18 | | then
cause to be prepared and sent to the court a | 19 | | socio-psychiatric report
concerning the applicant. The report | 20 | | shall be prepared by an evaluator approved by the Sex Offender | 21 | | Management Board a social worker
and psychologist under the | 22 | | supervision of a licensed psychiatrist assigned
to the | 23 | | institution wherein such applicant is confined . The court
shall | 24 | | set a date for the
hearing upon the such application and shall | 25 | | consider the report so prepared
under the direction of the |
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| 1 | | Director of the Department of Corrections and
any other | 2 | | relevant information submitted by or on behalf of the such | 3 | | applicant. | 4 | | (b) At a hearing under this Section, the Attorney General | 5 | | or State's Attorney who filed the original application shall | 6 | | represent the State. The sexually dangerous person or the State | 7 | | may elect to have the hearing before a jury. The State has the | 8 | | burden of proving by clear and convincing evidence that the | 9 | | applicant is still a sexually dangerous person. | 10 | | (c) If the applicant refuses to speak to, communicate with, | 11 | | or otherwise fails to cooperate with the State's examiner, the | 12 | | applicant may only introduce evidence and testimony from any | 13 | | expert or professional person who is retained to conduct an | 14 | | examination based upon review of the records and may not | 15 | | introduce evidence resulting from an examination of the person. | 16 | | Notwithstanding the provisions of Section 10 of the Mental | 17 | | Health and Developmental Disabilities Confidentiality Act, all | 18 | | evaluations conducted under this Act and all Illinois | 19 | | Department of Corrections treatment records shall be | 20 | | admissible at all proceedings held under this Act.
| 21 | | (d) If a person has previously filed an application in | 22 | | writing setting forth facts showing that the sexually dangerous | 23 | | person or criminal sexual psychopathic person has recovered and | 24 | | the court determined either at a hearing or following a jury | 25 | | trial that the applicant is still a sexually dangerous person, | 26 | | or if the application is withdrawn, no additional application |
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| 1 | | may be filed for 2 years one year after a finding that the | 2 | | person is still sexually dangerous or after the application is | 3 | | withdrawn, except if the application is accompanied by a | 4 | | statement from the treatment provider that the applicant has | 5 | | made exceptional progress and the application contains facts | 6 | | upon which a court could find that the condition of the person | 7 | | had so changed that a hearing is warranted.
| 8 | | (e) If the person is found to be no longer dangerous, the | 9 | | court shall order
that he or she be discharged. If the court | 10 | | finds that the person appears no
longer to be dangerous but | 11 | | that it is impossible to determine with
certainty under | 12 | | conditions of institutional care that the such person has fully
| 13 | | recovered, the court shall enter an order permitting the such | 14 | | person to go at
large subject to the such conditions and such | 15 | | supervision by the Director as in
the opinion of the court will | 16 | | adequately protect the public. In the event
the person violates | 17 | | any of the conditions of the such order, the court shall
revoke | 18 | | the such conditional release and recommit the person under | 19 | | pursuant to Section
5-6-4 of the Unified Code of Corrections | 20 | | under the terms of the original
commitment. Upon an order of | 21 | | discharge every outstanding information and
indictment, the | 22 | | basis of which was the reason for the present detention,
shall | 23 | | be quashed.
| 24 | | (Source: P.A. 94-404, eff. 1-1-06.)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 725 ILCS 205/4 | from Ch. 38, par. 105-4 | | 4 | | 725 ILCS 205/4.01 | from Ch. 38, par. 105-4.01 | | 5 | | 725 ILCS 205/4.02 | from Ch. 38, par. 105-4.02 | | 6 | | 725 ILCS 205/4.04 new | | | 7 | | 725 ILCS 205/4.05 new | | | 8 | | 725 ILCS 205/5 | from Ch. 38, par. 105-5 | | 9 | | 725 ILCS 205/9 | from Ch. 38, par. 105-9 |
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