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90_HB0163
725 ILCS 205/1.01 from Ch. 38, par. 105-1.01
725 ILCS 205/3 from Ch. 38, par. 105-3
725 ILCS 205/5 from Ch. 38, par. 105-5
725 ILCS 205/8 from Ch. 38, par. 105-8
730 ILCS 5/3-14-2 from Ch. 38, par. 1003-14-2
Amends the Sexually Dangerous Persons Act. Defines sex
offense. Provides for the commitment of a person as sexually
dangerous who has been convicted of a sex offense,
adjudicated delinquent for a sex offense, found unfit to
stand trial for a sex offense, or found not guilty by reason
of insanity for a sex offense. Present law only permits
persons charged with criminal offenses to be committed as
sexually dangerous. Requires annual psychiatric examinations
of persons committed as sexually dangerous. Amends the
Unified Code of Corrections. Provides that the Department of
Corrections shall assign at least one parole officer for
every 50 persons committed as sexually dangerous.
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1 AN ACT in relation to sexually dangerous persons,
2 amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Sexually Dangerous Persons Act is amended
6 by changing Sections 1.01, 3, 5, and 8 as follows:
7 (725 ILCS 205/1.01) (from Ch. 38, par. 105-1.01)
8 Sec. 1.01. As used in this Act:
9 "Sexually dangerous person" means a person All persons
10 suffering from a mental disorder, which mental disorder has
11 existed for a period of not less than one year, immediately
12 before prior to the filing of the petition hereinafter
13 provided for in Section 3, coupled with criminal propensities
14 to the commission of sex offenses, and who has have
15 demonstrated propensities toward acts of sexual assault or
16 acts of sexual molestation of children, are hereby declared
17 sexually dangerous persons.
18 "Sex offense" means an offense listed in subsection (B)
19 of Section 2 of the Sex Offender Registration Act.
20 (Source: Laws 1955, p. 1144.)
21 (725 ILCS 205/3) (from Ch. 38, par. 105-3)
22 Sec. 3. When:
23 (a) any person has been:
24 (1) is charged with a sex criminal offense;
25 (2) convicted of a sex offense and is about to be
26 released from incarceration;
27 (3) adjudicated a delinquent minor for an act
28 constituting a sex offense and is about to be discharged
29 from wardship;
30 (4) charged with a sex offense and has been found
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1 unfit to stand trial and is about to be released; or
2 (5) found not guilty by reason of insanity of a sex
3 offense and is about to be released; and
4 (b) it shall appear to the Attorney General or to the
5 State's Attorney of the county where the wherein such person
6 is so charged, adjudicated, or has been convicted, that the
7 such person is a sexually dangerous person, within the
8 meaning of this Act;, then the Attorney General or State's
9 Attorney of that such county may file with the clerk of the
10 court in the same proceeding where the wherein such person
11 stands charged with the sex criminal offense, or in a
12 separate proceeding, if the person has been convicted of a
13 sex offense, adjudicated a delinquent minor for an act
14 constituting a sex offense, found unfit to stand trial for a
15 sex offense, or found not guilty by reason of insanity for a
16 sex offense, a petition in writing setting forth facts
17 tending to show that the person named is a sexually dangerous
18 person.
19 (Source: Laws 1955, p. 1144.)
20 (725 ILCS 205/5) (from Ch. 38, par. 105-5)
21 Sec. 5. The respondent in any proceedings under this Act
22 shall have the right to demand a trial by jury and to be
23 represented by counsel. At the hearing on the petition it
24 shall be competent to introduce evidence of the commission by
25 the respondent of any number of sex offenses crimes together
26 with whatever punishments, if any, were inflicted.
27 (Source: Laws 1955, p. 1144.)
28 (725 ILCS 205/8) (from Ch. 38, par. 105-8)
29 Sec. 8. If the respondent is found to be a sexually
30 dangerous person then the court shall appoint the Director of
31 Corrections guardian of the person found to be sexually
32 dangerous and such person shall stand committed to the
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1 custody of such guardian. The Director of Corrections as
2 guardian shall keep safely the person so committed until the
3 person has recovered and is released as hereinafter provided.
4 The Director of Corrections as guardian shall provide care
5 and treatment for the person committed to him or her designed
6 to effect recovery. The Director may place that ward in any
7 facility in the Department of Corrections or portion of that
8 facility thereof set aside for the care and treatment of
9 sexually dangerous persons. The Department of Corrections may
10 also request another state Department or Agency to examine
11 the such patient and upon such request, the such Department
12 or Agency shall make the such examination and the Department
13 of Corrections may, with the consent of the chief executive
14 officer of the such other Department or Agency, thereupon
15 place the such patient in the care and treatment of that such
16 other Department or Agency.
17 A person committed under this Act as a sexually dangerous
18 person shall have a current examination of his or her mental
19 condition made at least once every year. The person may
20 retain, or if he or she is indigent and so requests, the
21 court may appoint, a psychiatrist to examine him or her, and
22 the psychiatrist shall have access to all records concerning
23 the person. The periodic report shall be provided to the
24 court that committed the person under this Act.
25 (Source: P.A. 77-2477.)
26 Section 10. The Unified Code of Corrections is amended
27 by changing Section 3-14-2 as follows:
28 (730 ILCS 5/3-14-2) (from Ch. 38, par. 1003-14-2)
29 Sec. 3-14-2. Supervision on Parole, Mandatory Supervised
30 Release and Release by Statute.
31 (a) The Department shall retain custody of all persons
32 placed on parole or mandatory supervised release or released
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1 pursuant to Section 3-3-10 of this Code and shall supervise
2 such persons during their parole or release period in accord
3 with the conditions set by the Prisoner Review Board. Such
4 conditions shall include referral to an alcohol or drug abuse
5 treatment program, as appropriate, if such person has
6 previously been identified as having an alcohol or drug abuse
7 problem. Such conditions may include that the person use an
8 approved electronic monitoring device subject to Article 8A
9 of Chapter V.
10 (b) The Department shall assign personnel to assist
11 persons eligible for parole in preparing a parole plan. Such
12 Department personnel shall make a report of their efforts and
13 findings to the Prisoner Review Board prior to its
14 consideration of the case of such eligible person. The
15 Department shall assign at least one parole officer for every
16 50 persons committed as sexually dangerous persons under the
17 Sexually Dangerous Persons Act.
18 (c) A copy of the conditions of his parole or release
19 shall be signed by the parolee or releasee and given to him
20 and to his supervising officer who shall report on his
21 progress under the rules and regulations of the Prisoner
22 Review Board. The supervising officer shall report violations
23 to the Prisoner Review Board and shall have the full power of
24 peace officers in the arrest and retaking of any parolees or
25 releasees or the officer may request the Department to issue
26 a warrant for the arrest of any parolee or releasee who has
27 allegedly violated his parole or release conditions. If the
28 parolee or releasee commits an act that constitutes a felony
29 using a firearm or knife, the officer shall request the
30 Department to issue a warrant and the Department shall issue
31 the warrant and the officer or the Department shall file a
32 violation report with notice of charges with the Prisoner
33 Review Board. A sheriff or other peace officer may detain an
34 alleged parole or release violator until a warrant for his
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1 return to the Department can be issued. The parolee or
2 releasee may be delivered to any secure place until he can be
3 transported to the Department.
4 (d) The supervising officer shall regularly advise and
5 consult with the parolee or releasee, assist him in adjusting
6 to community life, inform him of the restoration of his
7 rights on successful completion of sentence under Section
8 5-5-5.
9 (e) Supervising officers shall receive specialized
10 training in the special needs of female releasees or parolees
11 including the family reunification process.
12 (f) The supervising officer shall keep such records as
13 the Prisoner Review Board or Department may require. All
14 records shall be entered in the master file of the
15 individual.
16 (Source: P.A. 86-661; 86-1281; 87-855.)