Full Text of SB3166 093rd General Assembly
SB3166enr 93RD GENERAL ASSEMBLY
|
|
|
SB3166 Enrolled |
|
LRB093 18346 RLC 44052 b |
|
| 1 |
| AN ACT concerning sexually violent persons.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Sexually Violent Persons Commitment Act is | 5 |
| amended by changing Sections 55, 60, and 75 as follows: | 6 |
| (725 ILCS 207/55)
| 7 |
| Sec. 55. Periodic reexamination; report.
| 8 |
| (a) If a person has been committed under Section 40 of this | 9 |
| Act
and has not been discharged under Section 65 of this Act, | 10 |
| the
Department shall submit a written report to the court on
| 11 |
| conduct an examination of his or her mental
condition within 6 | 12 |
| months after an initial commitment under
Section 40 and then at | 13 |
| least once every 12 months thereafter
from the completion of | 14 |
| the
last evaluation for
the purpose of determining whether the | 15 |
| person has made sufficient
progress to be conditionally | 16 |
| released or discharged. At the time of
a reexamination under | 17 |
| this Section, the person who has been
committed may retain or, | 18 |
| if he or she is indigent and so requests,
the court may appoint | 19 |
| a qualified expert or a professional person
to examine him or | 20 |
| her.
| 21 |
| (b) Any examiner conducting an examination under this | 22 |
| Section
shall prepare a written report of the examination no | 23 |
| later than 30
days after the date of the examination. The | 24 |
| examiner shall place
a copy of the report in the person's | 25 |
| health care records and shall
provide a copy of the report to | 26 |
| the court that committed the
person under Section 40.
The | 27 |
| examination shall be conducted in conformance with the | 28 |
| standards
developed under the Sex Offender Management Board Act | 29 |
| and by an evaluator
approved by the Board.
| 30 |
| (c) Notwithstanding subsection (a) of this Section, the | 31 |
| court
that committed a person under Section 40 may order a | 32 |
| reexamination
of the person at any time during the period in |
|
|
|
SB3166 Enrolled |
- 2 - |
LRB093 18346 RLC 44052 b |
|
| 1 |
| which the person is
subject to the commitment order.
Any | 2 |
| examiner conducting an examination under this Section shall | 3 |
| prepare a written report of the examination no later than 30 | 4 |
| days after the date of the examination.
| 5 |
| (d) Petitions for discharge after reexamination must | 6 |
| follow the
procedure
outlined in
Section 65 of this Act.
| 7 |
| (Source: P.A. 93-616, eff. 1-1-04.)
| 8 |
| (725 ILCS 207/60)
| 9 |
| Sec. 60. Petition for conditional release.
| 10 |
| (a) Any person who is committed for institutional care in a
| 11 |
| secure facility or other facility under Section 40 of this Act | 12 |
| may
petition the committing court to modify its order by | 13 |
| authorizing
conditional release if at least 6 months have | 14 |
| elapsed since the
initial commitment order was entered, the | 15 |
| most recent release
petition was denied or the most recent | 16 |
| order for conditional
release was revoked. The director of the | 17 |
| facility at which the
person is placed may file a petition | 18 |
| under this Section on the
person's behalf at any time.
| 19 |
| (b) If the person files a timely petition without counsel, | 20 |
| the
court shall serve a copy of the petition on the Attorney | 21 |
| General
or State's Attorney, whichever is applicable and, | 22 |
| subject to
paragraph (c)(1) of Section 25 of this Act, appoint | 23 |
| counsel. If the person
petitions through counsel, his or her | 24 |
| attorney shall serve the
Attorney General or State's Attorney, | 25 |
| whichever is applicable.
| 26 |
| (c) Within 20 days after receipt of the petition, the court
| 27 |
| shall appoint one or more examiners having the specialized
| 28 |
| knowledge determined by the court to be appropriate, who shall
| 29 |
| examine the mental condition of the person and furnish a | 30 |
| written report of
the
examination
to the court within 30 days | 31 |
| after appointment. The examiners
shall have reasonable access | 32 |
| to the person for purposes of
examination and to the person's | 33 |
| past and present treatment records
and patient health care | 34 |
| records. If any such examiner believes
that the person is | 35 |
| appropriate for conditional release, the
examiner shall report |
|
|
|
SB3166 Enrolled |
- 3 - |
LRB093 18346 RLC 44052 b |
|
| 1 |
| on the type of treatment and services that
the person may need | 2 |
| while in the community on conditional release. The State
has | 3 |
| the right to have the person evaluated by experts chosen by the | 4 |
| State.
Any examination or evaluation conducted under this | 5 |
| Section shall be in
conformance with the standards developed | 6 |
| under the Sex Offender
Management Board Act and conducted by an | 7 |
| evaluator approved by the Board.
The
court shall set a probable | 8 |
| cause hearing as soon as practical after the
examiner's report | 9 |
| is filed. If the court determines at the probable cause
hearing | 10 |
| that cause exists to believe that it is not substantially | 11 |
| probable that
the person will engage in acts of sexual violence | 12 |
| if on release or conditional
release, the court shall set a | 13 |
| hearing on the issue.
| 14 |
| (d) The court, without a jury, shall hear the petition | 15 |
| within
30 days after the report of the court-appointed examiner | 16 |
| is filed
with the court, unless the petitioner waives this time | 17 |
| limit. The
court shall grant the petition unless the State | 18 |
| proves by clear
and convincing evidence that the person has not | 19 |
| made sufficient progress to
be conditionally released. In | 20 |
| making a decision under
this subsection, the court must | 21 |
| consider the nature and
circumstances of the behavior that was | 22 |
| the basis of the allegation
in the petition under paragraph | 23 |
| (b)(1) of Section 15 of this Act, the person's
mental history | 24 |
| and present mental condition, where the person will
live, how | 25 |
| the person will support himself or herself and what
| 26 |
| arrangements are available to ensure that the person has access | 27 |
| to
and will participate in necessary treatment.
| 28 |
| (e) Before the court may enter an order directing | 29 |
| conditional release to
a less restrictive alternative it must | 30 |
| find the following: (1) the person will
be treated by a | 31 |
| Department approved treatment provider, (2) the treatment
| 32 |
| provider has presented a specific course of treatment and has | 33 |
| agreed to assume
responsibility for the treatment and will | 34 |
| report progress to the Department on
a regular basis, and will | 35 |
| report violations immediately to the Department,
consistent | 36 |
| with treatment and supervision needs of the respondent, (3) |
|
|
|
SB3166 Enrolled |
- 4 - |
LRB093 18346 RLC 44052 b |
|
| 1 |
| housing
exists that is sufficiently secure to protect the | 2 |
| community, and the person or
agency providing housing to the | 3 |
| conditionally released person has agreed in
writing to accept | 4 |
| the person, to provide the level of security required by the
| 5 |
| court, and
immediately to report to the Department if the | 6 |
| person leaves the housing to
which he or she has been assigned | 7 |
| without authorization, (4) the person is
willing to or has | 8 |
| agreed to comply with the treatment provider, the Department,
| 9 |
| and
the court, and (5) the person has agreed or is willing to | 10 |
| agree to comply
with the behavioral monitoring requirements | 11 |
| imposed by the court and the
Department.
| 12 |
| (f) If the court finds that the person is appropriate for
| 13 |
| conditional release, the court shall notify the Department. The
| 14 |
| Department shall prepare a plan that identifies the treatment | 15 |
| and
services, if any, that the person will receive in the | 16 |
| community.
The plan shall address the person's need, if any, | 17 |
| for supervision,
counseling, medication, community support | 18 |
| services, residential
services, vocational services, and | 19 |
| alcohol or other drug abuse
treatment. The Department may | 20 |
| contract with a county health
department, with another public | 21 |
| agency or with a private agency to
provide the treatment and | 22 |
| services identified in the plan. The
plan shall specify who | 23 |
| will be responsible for providing the
treatment and services | 24 |
| identified in the plan. The plan shall be
presented to the | 25 |
| court for its approval within 60 days after the
court finding | 26 |
| that the person is appropriate for conditional
release, unless | 27 |
| the Department and the person to be released
request additional | 28 |
| time to develop the plan.
| 29 |
| (g) The provisions of paragraphs
paragraph (b)(4) , (b)(5), | 30 |
| and (b)(6) of Section 40 of this Act
apply to an
order for | 31 |
| conditional release issued under this Section.
| 32 |
| (Source: P.A. 92-415, eff. 8-17-01; 93-616, eff. 1-1-04.)
| 33 |
| (725 ILCS 207/75)
| 34 |
| Sec. 75. Notice concerning conditional release ,
or
| 35 |
| discharge , escape, death, or court-ordered change in the |
|
|
|
SB3166 Enrolled |
- 5 - |
LRB093 18346 RLC 44052 b |
|
| 1 |
| custody status of a detainee or civilly committed sexually | 2 |
| violent person .
| 3 |
| (a) As used in this Section, the term:
| 4 |
| (1) "Act of sexual violence" means an act or attempted | 5 |
| act
that is a basis for an allegation made in a petition | 6 |
| under paragraph (b)(1) of
Section
15 of this Act.
| 7 |
| (2) "Member of the family" means spouse, child, | 8 |
| sibling,
parent, or legal guardian.
| 9 |
| (3) "Victim" means a person against whom an act of | 10 |
| sexual
violence has been committed.
| 11 |
| (b) If the court places a civilly committed sexually | 12 |
| violent person on conditional release under
Section 40 or 60 of | 13 |
| this Act or discharges a person under Section 60 or
65, or if a | 14 |
| detainee or civilly committed sexually violent person escapes, | 15 |
| dies, or is subject to any court-ordered change in custody | 16 |
| status of the detainee or sexually violent person, the | 17 |
| Department shall make a reasonable attempt, if he or she can be | 18 |
| found, to notify all of the following who have requested
| 19 |
| notification under this Act or under the Rights of Crime | 20 |
| Victims and Witnesses
Act:
| 21 |
| (1) Whichever of the following persons is appropriate | 22 |
| in
accordance with the provisions of subsection (a)(3):
| 23 |
| (A) The victim of the act of sexual violence.
| 24 |
| (B) An adult member of the victim's family, if the | 25 |
| victim
died as a result of the act of sexual violence.
| 26 |
| (C) The victim's parent or legal guardian, if the | 27 |
| victim
is younger than 18 years old.
| 28 |
| (2) The Department of Corrections.
| 29 |
| (c) The notice under subsection (b) of this Section shall
| 30 |
| inform the Department of Corrections and the person notified | 31 |
| under
paragraph (b)(1) of this Section of the name of
the | 32 |
| person committed under this Act and the date the person is
| 33 |
| placed on conditional release ,
or discharged , or if a detainee | 34 |
| or civilly committed sexually violent person escapes, dies, or | 35 |
| is subject to any court-ordered change in the custody status of | 36 |
| the detainee or sexually violent person . The Department shall
|
|
|
|
SB3166 Enrolled |
- 6 - |
LRB093 18346 RLC 44052 b |
|
| 1 |
| send the notice, postmarked at least 7 days before the date the
| 2 |
| person committed under this Act is placed on conditional | 3 |
| release ,
or discharged, or if a detainee or civilly committed | 4 |
| sexually violent person escapes, dies, or is subject to any | 5 |
| court-ordered change in the custody status of the detainee or | 6 |
| sexually violent person, unless unusual circumstances do not | 7 |
| permit advance written notification, to the Department of | 8 |
| Corrections and the last-known
address of the person notified | 9 |
| under paragraph
(b)(1) of this Section.
| 10 |
| (d) The Department shall design and prepare cards for | 11 |
| persons
specified in paragraph (b)(1) of this Section to send | 12 |
| to the
Department. The cards shall have space for these persons | 13 |
| to
provide their names and addresses, the name of the person
| 14 |
| committed under this Act and any other information the | 15 |
| Department
determines is necessary. The Department shall | 16 |
| provide the cards,
without charge, to the Attorney General and | 17 |
| State's Attorneys.
The Attorney General and State's Attorneys | 18 |
| shall provide the
cards, without charge, to persons specified | 19 |
| in paragraph (b)(1)
of this Section. These persons may send | 20 |
| completed cards to the
Department. All records or portions of | 21 |
| records of the Department
that relate to mailing addresses of | 22 |
| these persons are not subject
to inspection or copying under | 23 |
| Section 3 of the Freedom of
Information Act.
| 24 |
| (Source: P.A. 90-40, eff. 1-1-98; 90-793, eff. 8-14-98.)
| 25 |
| Section 99. Effective date. This Act takes effect upon | 26 |
| becoming law.
|
|