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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
92_HB2088eng HB2088 Engrossed LRB9206809RCcd 1 AN ACT in relation to 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 Juvenile Court Act of 1987 is amended by 5 changing Sections 1-7 and 1-8 as follows: 6 (705 ILCS 405/1-7) (from Ch. 37, par. 801-7) 7 Sec. 1-7. Confidentiality of law enforcement records. 8 (A) Inspection and copying of law enforcement records 9 maintained by law enforcement agencies that relate to a minor 10 who has been arrested or taken into custody before his or her 11 17th birthday shall be restricted to the following: 12 (1) Any local, State or federal law enforcement 13 officers of any jurisdiction or agency when necessary for 14 the discharge of their official duties during the 15 investigation or prosecution of a crime or relating to a 16 minor who has been adjudicated delinquent and there has 17 been a previous finding that the act which constitutes 18 the previous offense was committed in furtherance of 19 criminal activities by a criminal street gang. For 20 purposes of this Section, "criminal street gang" has the 21 meaning ascribed to it in Section 10 of the Illinois 22 Streetgang Terrorism Omnibus Prevention Act. 23 (2) Prosecutors, probation officers, social 24 workers, or other individuals assigned by the court to 25 conduct a pre-adjudication or pre-disposition 26 investigation, and individuals responsible for 27 supervising or providing temporary or permanent care and 28 custody for minors pursuant to the order of the juvenile 29 court, when essential to performing their 30 responsibilities. 31 (3) Prosecutors and probation officers: HB2088 Engrossed -2- LRB9206809RCcd 1 (a) in the course of a trial when institution 2 of criminal proceedings has been permitted or 3 required under Section 5-805; or 4 (b) when institution of criminal proceedings 5 has been permitted or required under Section 5-805 6 and such minor is the subject of a proceeding to 7 determine the amount of bail; or 8 (c) when criminal proceedings have been 9 permitted or required under Section 5-805 and such 10 minor is the subject of a pre-trial investigation, 11 pre-sentence investigation, fitness hearing, or 12 proceedings on an application for probation. 13 (4) Adult and Juvenile Prisoner Review Board. 14 (5) Authorized military personnel. 15 (6) Persons engaged in bona fide research, with the 16 permission of the Presiding Judge of the Juvenile Court 17 and the chief executive of the respective law enforcement 18 agency; provided that publication of such research 19 results in no disclosure of a minor's identity and 20 protects the confidentiality of the minor's record. 21 (7) Department of Children and Family Services 22 child protection investigators acting in their official 23 capacity. 24 (8) The appropriate school official. Inspection 25 and copying shall be limited to law enforcement records 26 transmitted to the appropriate school official by a local 27 law enforcement agency under a reciprocal reporting 28 system established and maintained between the school 29 district and the local law enforcement agency under 30 Section 10-20.14 of the School Code concerning a minor 31 enrolled in a school within the school district who has 32 been arrested or taken into custody for any of the 33 following offenses: 34 (i) unlawful use of weapons under Section 24-1 HB2088 Engrossed -3- LRB9206809RCcd 1 of the Criminal Code of 1961; 2 (ii) a violation of the Illinois Controlled 3 Substances Act; 4 (iii) a violation of the Cannabis Control Act; 5 or 6 (iv) a forcible felony as defined in Section 7 2-8 of the Criminal Code of 1961. 8 (9) Mental health professionals on behalf of the 9 Illinois Department of Corrections or the Department of 10 Human Services or prosecutors who are evaluating, 11 prosecuting, or investigating a potential or actual 12 petition brought under the Sexually Violent Persons 13 Commitment Act relating to a person who is the subject of 14 juvenile law enforcement records or the respondent to a 15 petition brought under the Sexually Violent Persons 16 Commitment Act who is the subject of the juvenile law 17 enforcement records sought. 18 (B) (1) Except as provided in paragraph (2), no law 19 enforcement officer or other person or agency may 20 knowingly transmit to the Department of Corrections, 21 Adult Division or the Department of State Police or to 22 the Federal Bureau of Investigation any fingerprint or 23 photograph relating to a minor who has been arrested or 24 taken into custody before his or her 17th birthday, 25 unless the court in proceedings under this Act authorizes 26 the transmission or enters an order under Section 5-805 27 permitting or requiring the institution of criminal 28 proceedings. 29 (2) Law enforcement officers or other persons or 30 agencies shall transmit to the Department of State 31 Police copies of fingerprints and descriptions of all 32 minors who have been arrested or taken into custody 33 before their 17th birthday for the offense of unlawful 34 use of weapons under Article 24 of the Criminal Code of HB2088 Engrossed -4- LRB9206809RCcd 1 1961, a Class X or Class 1 felony, a forcible felony as 2 defined in Section 2-8 of the Criminal Code of 1961, or a 3 Class 2 or greater felony under the Cannabis Control Act, 4 the Illinois Controlled Substances Act, or Chapter 4 of 5 the Illinois Vehicle Code, pursuant to Section 5 of the 6 Criminal Identification Act. Information reported to the 7 Department pursuant to this Section may be maintained 8 with records that the Department files pursuant to 9 Section 2.1 of the Criminal Identification Act. Nothing 10 in this Act prohibits a law enforcement agency from 11 fingerprinting a minor taken into custody or arrested 12 before his or her 17th birthday for an offense other than 13 those listed in this paragraph (2). 14 (C) The records of law enforcement officers concerning 15 all minors under 17 years of age must be maintained separate 16 from the records of arrests and may not be open to public 17 inspection or their contents disclosed to the public except 18 by order of the court or when the institution of criminal 19 proceedings has been permitted or required under Section 20 5-805 or such a person has been convicted of a crime and is 21 the subject of pre-sentence investigation or proceedings on 22 an application for probation or when provided by law. 23 (D) Nothing contained in subsection (C) of this Section 24 shall prohibit the inspection or disclosure to victims and 25 witnesses of photographs contained in the records of law 26 enforcement agencies when the inspection and disclosure is 27 conducted in the presence of a law enforcement officer for 28 the purpose of the identification or apprehension of any 29 person subject to the provisions of this Act or for the 30 investigation or prosecution of any crime. 31 (E) Law enforcement officers may not disclose the 32 identity of any minor in releasing information to the general 33 public as to the arrest, investigation or disposition of any 34 case involving a minor. HB2088 Engrossed -5- LRB9206809RCcd 1 (F) Nothing contained in this Section shall prohibit law 2 enforcement agencies from communicating with each other by 3 letter, memorandum, teletype or intelligence alert bulletin 4 or other means the identity or other relevant information 5 pertaining to a person under 17 years of age if there are 6 reasonable grounds to believe that the person poses a real 7 and present danger to the safety of the public or law 8 enforcement officers. The information provided under this 9 subsection (F) shall remain confidential and shall not be 10 publicly disclosed, except as otherwise allowed by law. 11 (G) Nothing in this Section shall prohibit the right of 12 a Civil Service Commission or appointing authority of any 13 state, county or municipality examining the character and 14 fitness of an applicant for employment with a law enforcement 15 agency, correctional institution, or fire department from 16 obtaining and examining the records of any law enforcement 17 agency relating to any record of the applicant having been 18 arrested or taken into custody before the applicant's 17th 19 birthday. 20 (Source: P.A. 90-127, eff. 1-1-98; 91-357, eff. 7-29-99; 21 91-368, eff. 1-1-00.) 22 (705 ILCS 405/1-8) (from Ch. 37, par. 801-8) 23 Sec. 1-8. Confidentiality and accessibility of juvenile 24 court records. 25 (A) Inspection and copying of juvenile court records 26 relating to a minor who is the subject of a proceeding under 27 this Act shall be restricted to the following: 28 (1) The minor who is the subject of record, his 29 parents, guardian and counsel. 30 (2) Law enforcement officers and law enforcement 31 agencies when such information is essential to executing 32 an arrest or search warrant or other compulsory process, 33 or to conducting an ongoing investigation or relating to HB2088 Engrossed -6- LRB9206809RCcd 1 a minor who has been adjudicated delinquent and there has 2 been a previous finding that the act which constitutes 3 the previous offense was committed in furtherance of 4 criminal activities by a criminal street gang. 5 Before July 1, 1994, for the purposes of this 6 Section, "criminal street gang" means any ongoing 7 organization, association, or group of 3 or more persons, 8 whether formal or informal, having as one of its primary 9 activities the commission of one or more criminal acts 10 and that has a common name or common identifying sign, 11 symbol or specific color apparel displayed, and whose 12 members individually or collectively engage in or have 13 engaged in a pattern of criminal activity. 14 Beginning July 1, 1994, for purposes of this 15 Section, "criminal street gang" has the meaning ascribed 16 to it in Section 10 of the Illinois Streetgang Terrorism 17 Omnibus Prevention Act. 18 (3) Judges, hearing officers, prosecutors, 19 probation officers, social workers or other individuals 20 assigned by the court to conduct a pre-adjudication or 21 predisposition investigation, and individuals responsible 22 for supervising or providing temporary or permanent care 23 and custody for minors pursuant to the order of the 24 juvenile court when essential to performing their 25 responsibilities. 26 (4) Judges, prosecutors and probation officers: 27 (a) in the course of a trial when institution 28 of criminal proceedings has been permitted or 29 required under Section 5-805; or 30 (b) when criminal proceedings have been 31 permitted or required under Section 5-805 and a 32 minor is the subject of a proceeding to determine 33 the amount of bail; or 34 (c) when criminal proceedings have been HB2088 Engrossed -7- LRB9206809RCcd 1 permitted or required under Section 5-805 and a 2 minor is the subject of a pre-trial investigation, 3 pre-sentence investigation or fitness hearing, or 4 proceedings on an application for probation; or 5 (d) when a minor becomes 17 years of age or 6 older, and is the subject of criminal proceedings, 7 including a hearing to determine the amount of bail, 8 a pre-trial investigation, a pre-sentence 9 investigation, a fitness hearing, or proceedings on 10 an application for probation. 11 (5) Adult and Juvenile Prisoner Review Boards. 12 (6) Authorized military personnel. 13 (7) Victims, their subrogees and legal 14 representatives; however, such persons shall have access 15 only to the name and address of the minor and information 16 pertaining to the disposition or alternative adjustment 17 plan of the juvenile court. 18 (8) Persons engaged in bona fide research, with the 19 permission of the presiding judge of the juvenile court 20 and the chief executive of the agency that prepared the 21 particular records; provided that publication of such 22 research results in no disclosure of a minor's identity 23 and protects the confidentiality of the record. 24 (9) The Secretary of State to whom the Clerk of the 25 Court shall report the disposition of all cases, as 26 required in Section 6-204 of the Illinois Vehicle Code. 27 However, information reported relative to these offenses 28 shall be privileged and available only to the Secretary 29 of State, courts, and police officers. 30 (10) The administrator of a bonafide substance 31 abuse student assistance program with the permission of 32 the presiding judge of the juvenile court. 33 (11) Mental health professionals on behalf of the 34 Illinois Department of Corrections or the Department of HB2088 Engrossed -8- LRB9206809RCcd 1 Human Services or prosecutors who are evaluating, 2 prosecuting, or investigating a potential or actual 3 petition brought under the Sexually Persons Commitment 4 Act relating to a person who is the subject of juvenile 5 court records or the respondent to a petition brought 6 under the Sexually Violent Persons Commitment Act, who is 7 the subject of juvenile court records sought. 8 (B) A minor who is the victim in a juvenile proceeding 9 shall be provided the same confidentiality regarding 10 disclosure of identity as the minor who is the subject of 11 record. 12 (C) Except as otherwise provided in this subsection (C), 13 juvenile court records shall not be made available to the 14 general public but may be inspected by representatives of 15 agencies, associations and news media or other properly 16 interested persons by general or special order of the court. 17 The State's Attorney, the minor, his parents, guardian and 18 counsel shall at all times have the right to examine court 19 files and records. 20 (1) The court shall allow the general public to 21 have access to the name, address, and offense of a minor 22 who is adjudicated a delinquent minor under this Act 23 under either of the following circumstances: 24 (A) The adjudication of delinquency was based 25 upon the minor's commission of first degree murder, 26 attempt to commit first degree murder, aggravated 27 criminal sexual assault, or criminal sexual assault; 28 or 29 (B) The court has made a finding that the 30 minor was at least 13 years of age at the time the 31 act was committed and the adjudication of 32 delinquency was based upon the minor's commission 33 of: (i) an act in furtherance of the commission of a 34 felony as a member of or on behalf of a criminal HB2088 Engrossed -9- LRB9206809RCcd 1 street gang, (ii) an act involving the use of a 2 firearm in the commission of a felony, (iii) an act 3 that would be a Class X felony offense under or the 4 minor's second or subsequent Class 2 or greater 5 felony offense under the Cannabis Control Act if 6 committed by an adult, (iv) an act that would be a 7 second or subsequent offense under Section 402 of 8 the Illinois Controlled Substances Act if committed 9 by an adult, or (v) an act that would be an offense 10 under Section 401 of the Illinois Controlled 11 Substances Act if committed by an adult. 12 (2) The court shall allow the general public to 13 have access to the name, address, and offense of a minor 14 who is at least 13 years of age at the time the offense 15 is committed and who is convicted, in criminal 16 proceedings permitted or required under Section 5-4, 17 under either of the following circumstances: 18 (A) The minor has been convicted of first 19 degree murder, attempt to commit first degree 20 murder, aggravated criminal sexual assault, or 21 criminal sexual assault, 22 (B) The court has made a finding that the 23 minor was at least 13 years of age at the time the 24 offense was committed and the conviction was based 25 upon the minor's commission of: (i) an offense in 26 furtherance of the commission of a felony as a 27 member of or on behalf of a criminal street gang, 28 (ii) an offense involving the use of a firearm in 29 the commission of a felony, (iii) a Class X felony 30 offense under or a second or subsequent Class 2 or 31 greater felony offense under the Cannabis Control 32 Act, (iv) a second or subsequent offense under 33 Section 402 of the Illinois Controlled Substances 34 Act, or (v) an offense under Section 401 of the HB2088 Engrossed -10- LRB9206809RCcd 1 Illinois Controlled Substances Act. 2 (D) Pending or following any adjudication of delinquency 3 for any offense defined in Sections 12-13 through 12-16 of 4 the Criminal Code of 1961, the victim of any such offense 5 shall receive the rights set out in Sections 4 and 6 of the 6 Bill of Rights for Victims and Witnesses of Violent Crime 7 Act; and the juvenile who is the subject of the adjudication, 8 notwithstanding any other provision of this Act, shall be 9 treated as an adult for the purpose of affording such rights 10 to the victim. 11 (E) Nothing in this Section shall affect the right of a 12 Civil Service Commission or appointing authority of any 13 state, county or municipality examining the character and 14 fitness of an applicant for employment with a law enforcement 15 agency, correctional institution, or fire department to 16 ascertain whether that applicant was ever adjudicated to be a 17 delinquent minor and, if so, to examine the records of 18 disposition or evidence which were made in proceedings under 19 this Act. 20 (F) Following any adjudication of delinquency for a 21 crime which would be a felony if committed by an adult, or 22 following any adjudication of delinquency for a violation of 23 Section 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 24 1961, the State's Attorney shall ascertain whether the minor 25 respondent is enrolled in school and, if so, shall provide a 26 copy of the dispositional order to the principal or chief 27 administrative officer of the school. Access to such 28 juvenile records shall be limited to the principal or chief 29 administrative officer of the school and any guidance 30 counselor designated by him. 31 (G) Nothing contained in this Act prevents the sharing 32 or disclosure of information or records relating or 33 pertaining to juveniles subject to the provisions of the 34 Serious Habitual Offender Comprehensive Action Program when HB2088 Engrossed -11- LRB9206809RCcd 1 that information is used to assist in the early 2 identification and treatment of habitual juvenile offenders. 3 (H) When a Court hearing a proceeding under Article II 4 of this Act becomes aware that an earlier proceeding under 5 Article II had been heard in a different county, that Court 6 shall request, and the Court in which the earlier proceedings 7 were initiated shall transmit, an authenticated copy of the 8 Court record, including all documents, petitions, and orders 9 filed therein and the minute orders, transcript of 10 proceedings, and docket entries of the Court. 11 (I) The Clerk of the Circuit Court shall report to the 12 Department of State Police, in the form and manner required 13 by the Department of State Police, the final disposition of 14 each minor who has been arrested or taken into custody before 15 his or her 17th birthday for those offenses required to be 16 reported under Section 5 of the Criminal Identification Act. 17 Information reported to the Department under this Section may 18 be maintained with records that the Department files under 19 Section 2.1 of the Criminal Identification Act. 20 (Source: P.A. 90-28, eff. 1-1-98; 90-87, eff. 9-1-97; 90-127, 21 eff. 1-1-98; 90-655, eff. 7-30-98; 91-357, eff. 7-29-99; 22 91-368, eff. 1-1-00.) 23 Section 10. The Criminal Code of 1961 is amended by 24 changing Section 11-9.2 as follows: 25 (720 ILCS 5/11-9.2) 26 Sec. 11-9.2. Custodial sexual misconduct. 27 (a) A person commits the offense of custodial sexual 28 misconduct when: (1) he or she is an employee of a penal 29 system and engages in sexual conduct or sexual penetration 30 with a person who is in the custody of that penal system or 31 (2) he or she is an employee of a treatment and detention 32 facility and engages in sexual conduct or sexual penetration HB2088 Engrossed -12- LRB9206809RCcd 1 with a person who is in the custody of that treatment and 2 detention facility. 3 (b) A probation or supervising officer or surveillance 4 agent commits the offense of custodial sexual misconduct when 5 the probation or supervising officer or surveillance agent 6 engages in sexual conduct or sexual penetration with a 7 probationer, parolee, or releasee or person serving a term of 8 conditional release who is under the supervisory, 9 disciplinary, or custodial authority of the officer or agent 10 so engaging in the sexual conduct or sexual penetration. 11 (c) Custodial sexual misconduct is a Class 3 felony. 12 (d) Any person convicted of violating this Section 13 immediately shall forfeit his or her employment with a penal 14 system, treatment and detention facility, or conditional 15 release program. 16 (e) For purposes of this Section, the consent of the 17 probationer, parolee, releasee, or inmate in custody of the 18 penal system or person detained or civilly committed under 19 the Sexually Violent Persons Commitment Act shall not be a 20 defense to a prosecution under this Section. A person is 21 deemed incapable of consent, for purposes of this Section, 22 when he or she is a probationer, parolee, releasee, or inmate 23 in custody of a penal system or person detained or civilly 24 committed under the Sexually Violent Persons Commitment Act. 25 (f) This Section does not apply to: 26 (1) Any employee, probation,or supervising 27 officer, or surveillance agent who is lawfully married to 28 a person in custody if the marriage occurred before the 29 date of custody. 30 (2) Any employee, probation,or supervising 31 officer, or surveillance agent who has no knowledge, and 32 would have no reason to believe, that the person with 33 whom he or she engaged in custodial sexual misconduct was 34 a person in custody. HB2088 Engrossed -13- LRB9206809RCcd 1 (g) In this Section: 2 (1) "Custody" means: 3 (i) pretrial incarceration or detention; 4 (ii) incarceration or detention under a 5 sentence or commitment to a State or local penal 6 institution; 7 (iii) parole or mandatory supervised release; 8 (iv) electronic home detention; 9 (v) probation; 10 (vi) detention or civil commitment either in 11 secure care or in the community under the Sexually 12 Violent Persons Commitment Act. 13 (2) "Penal system" means any system which includes 14 institutions as defined in Section 2-14 of this Code or a 15 county shelter care or detention home established under 16 Section 1 of the County Shelter Care and Detention Home 17 Act. 18 (2.1) "Treatment and detention facility" means any 19 Department of Human Services facility established for the 20 detention or civil commitment of persons under the 21 Sexually Violent Persons Commitment Act. 22 (2.2) "Conditional release" means a program of 23 treatment and services, vocational services, and alcohol 24 or other drug abuse treatment provided to any person 25 civilly committed and conditionally released to the 26 community under the Sexually Violent Persons Commitment 27 Act; 28 (3) "Employee" means: 29 (i) an employee of any governmental agency of 30 this State or any county or municipal corporation 31 that has by statute, ordinance, or court order the 32 responsibility for the care, control, or supervision 33 of pretrial or sentenced persons in a penal system 34 or persons detained or civilly committed under the HB2088 Engrossed -14- LRB9206809RCcd 1 Sexually Violent Persons Commitment Act; 2 (ii) a contractual employee of a penal system 3 as defined in paragraph (g)(2) of this Section who 4 works in a penal institution as defined in Section 5 2-14 of this Code; 6 (iii) a contractual employee of a "treatment 7 and detention facility" as defined in paragraph 8 (g)(2.1) of this Code or a contractual employee of 9 the Department of Human Services who provides 10 supervision of persons serving a term of conditional 11 release as defined in paragraph (g)(2.2) of this 12 Code. 13 (4) "Sexual conduct" or "sexual penetration" means 14 any act of sexual conduct or sexual penetration as 15 defined in Section 12-12 of this Code. 16 (5) "Probation officer" means any person employed 17 in a probation or court services department as defined in 18 Section 9b of the Probation and Probation Officers Act. 19 (6) "Supervising officer" means any person employed 20 to supervise persons placed on parole or mandatory 21 supervised release with the duties described in Section 22 3-14-2 of the Unified Code of Corrections. 23 (7) "Surveillance agent" means any person employed 24 or contracted to supervise persons placed on conditional 25 release in the community under the Sexually Violent 26 Persons Commitment Act. 27 (Source: P.A. 90-66, eff. 7-7-97; 90-655, eff. 7-30-98.) 28 Section 15. The Sexually Violent Persons Commitment Act 29 is amended by changing Sections 30, 35, 40, 60, and 65 as 30 follows: 31 (725 ILCS 207/30) 32 Sec. 30. Detention; probable cause hearing; transfer for HB2088 Engrossed -15- LRB9206809RCcd 1 examination. 2 (a) Upon the filing of a petition under Section 15 of 3 this Act, the court shall review the petition to determine 4 whether to issue an order for detention of the person who is 5 the subject of the petition. The person shall be detained 6 only if there is cause to believe that the person is eligible 7 for commitment under subsection (f) of Section 35 of this 8 Act. A person detained under this Section shall be held in a 9 facility approved by the Department. If the person is 10 serving a sentence of imprisonment, is in a Department of 11 Corrections correctional facility or juvenile correctional 12 facility or is committed to institutional care, and the court 13 orders detention under this Section, the court shall order 14 that the person be transferred to a detention facility 15 approved by the Department. A detention order under this 16 Section remains in effect until the person is discharged 17 after a trial under Section 35 of this Act or until the 18 effective date of a commitment order under Section 40 of this 19 Act, whichever is applicable. 20 (b) Whenever a petition is filed under Section 15 of 21 this Act, the court shall hold a hearing to determine whether 22 there is probable cause to believe that the person named in 23 the petition is a sexually violent person. If the person 24 named in the petition is in custody, the court shall hold the 25 probable cause hearing within 72 hours after the petition is 26 filed, excluding Saturdays, Sundays and legal holidays. The 27 court may grant a continuance of the probable cause hearing 28 for no more than 7 additional days upon the motion of the 29 respondent, for good cause. If the person named in the 30 petition has been released, is on parole, is on mandatory 31 supervised release, or otherwise is not in custody, the court 32 shall hold the probable cause hearing within a reasonable 33 time after the filing of the petition. At the probable cause 34 hearing, the court shall admit and consider all relevant HB2088 Engrossed -16- LRB9206809RCcd 1 hearsay evidence. 2 (c) If the court determines after a hearing that there 3 is probable cause to believe that the person named in the 4 petition is a sexually violent person, the court shall order 5 that the person be taken into custody if he or she is not in 6 custody and shall order the person to be transferred within a 7 reasonable time to an appropriate facility for an evaluation 8 as to whether the person is a sexually violent person. If the 9 person who is named in the petition refuses to speak to, 10 communicate with, or otherwise fails to cooperate with the 11 examining evaluator from the Department of Human Services or 12 the Department of Corrections, that person may only introduce 13 evidence and testimony from any expert or professional person 14 who is retained or court-appointed to conduct an examination 15 of the person that results from a review of the records and 16 may not introduce evidence resulting from an examination of 17 the person.If the person named in the petition refuses to18speak to, communicate with, or otherwise fails to cooperate19with the expert from the Department of Human Services who is20conducting the evaluation, the person shall be prohibited21from introducing testimony or evidence from any expert or22professional person who is retained or court appointed to23conduct an evaluation of the person.Notwithstanding the 24 provisions of Section 10 of the Mental Health and 25 Developmental Disabilities Confidentiality Act, all 26 evaluations conducted pursuant to this Act and all Illinois 27 Department of Corrections treatment records shall be 28 admissible at all proceedings held pursuant to this Act, 29 including the probable cause hearing and the trial. 30 If the court determines that probable cause does not 31 exist to believe that the person is a sexually violent 32 person, the court shall dismiss the petition. 33 (d) The Department shall promulgate rules that provide 34 the qualifications for persons conducting evaluations under HB2088 Engrossed -17- LRB9206809RCcd 1 subsection (c) of this Section. 2 (e) If the person named in the petition claims or 3 appears to be indigent, the court shall, prior to the 4 probable cause hearing under subsection (b) of this Section, 5 appoint counsel. 6 (Source: P.A. 90-40, eff. 1-1-98; 90-793, eff. 8-14-98.) 7 (725 ILCS 207/35) 8 Sec. 35. Trial. 9 (a) A trial to determine whether the person who is the 10 subject of a petition under Section 15 of this Act is a 11 sexually violent person shall commence no later than 1204512 days after the date of the probable cause hearing under 13 Section 30 of this Act. Delay is considered to be agreed to 14 by the person unless he or she objects to the delay by making 15 a written demand for trial or an oral demand for trial on the 16 record. Delay occasioned by the person temporarily suspends 17 for the time of the delay the period within which a person 18 must be tried. If the delay occurs within 21 days after the 19 end of the period within which a person must be tried, the 20 court may continue the cause on application of the State for 21 not more than an additional 21 days beyond the period 22 prescribed. The court may grant a continuance of the trial 23 date for good cause upon its own motion, the motion of any 24 party or the stipulation of the parties, provided that any 25 continuance granted shall be subject to Section 103-5 of the 26 Code of Criminal Procedure of 1963. 27 (b)At the trial to determine whether the person who is28the subject of a petition under Section 15 of this Act is a29sexually violent person, all rules of evidence in criminal30actions apply. All constitutional rights available to a31defendant in a criminal proceeding are available to the32person.At the trial on the petition it shall be competent 33 to introduce evidence of the commission by the respondent of HB2088 Engrossed -18- LRB9206809RCcd 1 any number of crimes together with whatever punishments, if 2 any, were imposed. The petitioner may present expert 3 testimony from both the Illinois Department of Corrections 4 evaluator and the Department of Human Services psychologist. 5 (c) The person who is the subject of the petition, the 6 person's attorney, the Attorney General or the State's 7 Attorney may request that a trial under this Section be by a 8 jury. A request for a jury trial under this subsection shall 9 be made within 10 days after the probable cause hearing under 10 Section 30 of this Act. If no request is made, the trial 11 shall be by the court. The person, the person's attorney or 12 the Attorney General or State's Attorney, whichever is 13 applicable, may withdraw his or her request for a jury trial. 14 (d) (1) At a trial on a petition under this Act, the 15 petitioner has the burden of proving the allegations in 16 the petition beyond a reasonable doubt. 17 (2) If the State alleges that the sexually violent 18 offense or act that forms the basis for the petition was 19 an act that was sexually motivated as provided in 20 paragraph (e)(2) of Section 5 of this Act, the State is 21 required to prove beyond a reasonable doubt that the 22 alleged sexually violent act was sexually motivated. 23 (e) Evidence that the person who is the subject of a 24 petition under Section 15 of this Act was convicted for or 25 committed sexually violent offenses before committing the 26 offense or act on which the petition is based is not 27 sufficient to establish beyond a reasonable doubt that the 28 person has a mental disorder. 29 (f) If the court or jury determines that the person who 30 is the subject of a petition under Section 15 is a sexually 31 violent person, the court shall enter a judgment on that 32 finding and shall commit the person as provided under Section 33 40 of this Act. If the court or jury is not satisfied beyond 34 a reasonable doubt that the person is a sexually violent HB2088 Engrossed -19- LRB9206809RCcd 1 person, the court shall dismiss the petition and direct that 2 the person be released unless he or she is under some other 3 lawful restriction. 4 (g) A judgment entered under subsection (f) of this 5 Section on the finding that the person who is the subject of 6 a petition under Section 15 is a sexually violent person is 7 interlocutory to a commitment order under Section 40 and is 8 reviewable on appeal. 9 (Source: P.A. 90-40, eff. 1-1-98; 91-875, eff. 6-30-00.) 10 (725 ILCS 207/40) 11 Sec. 40. Commitment. 12 (a) If a court or jury determines that the person who is 13 the subject of a petition under Section 15 of this Act is a 14 sexually violent person, the court shall order the person to 15 be committed to the custody of the Department for control, 16 care and treatment until such time as the person is no longer 17 a sexually violent person. 18 (b) (1) The court shall enter an initial commitment 19 order under this Section pursuant to a hearing held as 20 soon as practicable after the judgment is entered that 21 the person who is the subject of a petition under Section 22 15 is a sexually violent person. If the court lacks 23 sufficient information to make the determination required 24 by paragraph (b)(2) of this Section immediately after 25 trial, it may adjourn the hearing and order the 26 Department to conduct a predisposition investigation or a 27 supplementary mental examination, or both, to assist the 28 court in framing the commitment order. A supplementary 29 mental examination under this Section shall be conducted 30 in accordance with Section 3-804 of the Mental Health and 31 Developmental Disabilities Code. 32 (2) An order for commitment under this Section 33 shall specify either institutional care in a secure HB2088 Engrossed -20- LRB9206809RCcd 1 facility, as provided under Section 50 of this Act, or 2 conditional release. In determining whether commitment 3 shall be for institutional care in a secure facility or 4 for conditional release, the court shallmustconsider 5 the nature and circumstances of the behavior that was the 6 basis of the allegation in the petition under paragraph 7 (b)(1) of Section 15, the person's mental history and 8 present mental condition, where the person will live, how 9 the person will support himself or herself, and what 10 arrangements are available to ensure that the person has 11 access to and will participate in necessary treatment. 12 The Department shall arrange for control, care and 13 treatment of the person in the least restrictive manner 14 consistent with the requirements of the person and in 15 accordance with the court's commitment order. 16 (3) If the court finds that the person is 17 appropriate for conditional release, the court shall 18 notify the Department. The Department shall prepare a 19 plan that identifies the treatment and services, if any, 20 that the person will receive in the community. The plan 21 shall address the person's need, if any, for supervision, 22 counseling, medication, community support services, 23 residential services, vocational services, and alcohol or 24 other drug abuse treatment. The Department may contract 25 with a county health department, with another public 26 agency or with a private agency to provide the treatment 27 and services identified in the plan. The plan shall 28 specify who will be responsible for providing the 29 treatment and services identified in the plan. The plan 30 shall be presented to the court for its approval within 31 60 days after the court finding that the person is 32 appropriate for conditional release, unless the 33 Department and the person to be released request 34 additional time to develop the plan. The conditional HB2088 Engrossed -21- LRB9206809RCcd 1 release program operated under this Section is not 2 subject to the provisions of the Mental Health and 3 Developmental Disabilities Confidentiality Act. 4 (4) An order for conditional release places the 5 person in the custody and control of the Department. A 6 person on conditional release is subject to the 7 conditions set by the court and to the rules of the 8 Department. Before a person is placed on conditional 9 release by the court under this Section, the court shall 10 so notify the municipal police department and county 11 sheriff for the municipality and county in which the 12 person will be residing. The notification requirement 13 under this Section does not apply if a municipal police 14 department or county sheriff submits to the court a 15 written statement waiving the right to be notified. If 16 the Department alleges that a released person has 17 violated any condition or rule, or that the safety of 18 others requires that conditional release be revoked, he 19 or she may be taken into custody under the rules of the 20 Department. 21 At any time during which the person is on 22 conditional release, if the Department determines that 23 the person has violated any condition or rule, or that 24 the safety of others requires that conditional release be 25 revoked, the Department may request the Attorney General 26 or State's Attorney to request the court to issue an 27 emergency ex parte order directing any law enforcement 28 officer to take the person into custody and transport the 29 person to the county jail. The Department may request, 30 or the Attorney General or State's Attorney may request 31 independently of the Department, that a petition to 32 revoke conditional release be filed. When a petition is 33 filed, the court may order the Department to issue a 34 notice to the person to be present at the Department or HB2088 Engrossed -22- LRB9206809RCcd 1 other agency designated by the court, order a summons to 2 the person to be present, or order a body attachment for 3 all law enforcement officers to take the person into 4 custody and transport him or her to the county jail, 5 hospital, or treatment facility. The Department shall 6 submit a statement showing probable cause of the 7 detention and a petition to revoke the order for 8 conditional release to the committing court within 48 9 hours after the detention. The court shall hear the 10 petition within 30 days, unless the hearing or time 11 deadline is waived by the detained person. Pending the 12 revocation hearing, the Department may detain the person 13 in a jail, in a hospital or treatment facility. The 14 State has the burden of proving by clear and convincing 15 evidence that any rule or condition of release has been 16 violated, or that the safety of others requires that the 17 conditional release be revoked. If the court determines 18 after hearing that any rule or condition of release has 19 been violated, or that the safety of others requires that 20 conditional release be revoked, it may revoke the order 21 for conditional release and order that the released 22 person be placed in an appropriate institution until the 23 person is discharged from the commitment under Section 65 24 of this Act or until again placed on conditional release 25 under Section 60 of this Act. 26 (5) An order for conditional release places the 27 person in the custody, care, and control of the 28 Department. The court shall order the person be subject 29 to the following rules of conditional release, in 30 addition to any other conditions ordered, and the person 31 shall be given a certificate setting forth the conditions 32 of conditional release. These conditions shall be that 33 the person: 34 (A) not violate any criminal statute of any HB2088 Engrossed -23- LRB9206809RCcd 1 jurisdiction; 2 (B) report to or appear in person before such 3 person or agency as directed by the court and the 4 Department; 5 (C) refrain from possession of a firearm or 6 other dangerous weapon; 7 (D) not leave the State without the consent of 8 the court or, in circumstances in which the reason 9 for the absence is of such an emergency nature, that 10 prior consent by the court is not possible without 11 the prior notification and approval of the 12 Department; 13 (E) at the direction of the Department, notify 14 third parties of the risks that may be occasioned by 15 his or her criminal record or sexual offending 16 history or characteristics, and permit the 17 supervising officer or agent to make the 18 notification requirement; 19 (F) attend and fully participate in 20 assessment, treatment, and behavior monitoring 21 including, but not limited to, medical, 22 psychological or psychiatric treatment specific to 23 sexual offending, drug addiction, or alcoholism, to 24 the extent appropriate to the person based upon the 25 recommendation and findings made in the Department 26 evaluation or based upon any subsequent 27 recommendations by the Department; 28 (G) waive confidentiality allowing the court 29 and Department access to assessment or treatment 30 results or both; 31 (H) work regularly at a Department approved 32 occupation or pursue a course of study or vocational 33 training and notify the Department within 72 hours 34 of any change in employment, study, or training; HB2088 Engrossed -24- LRB9206809RCcd 1 (I) not be employed or participate in any 2 volunteer activity that involves contact with 3 children, except under circumstances approved in 4 advance and in writing by the Department officer; 5 (J) submit to the search of his or her person, 6 residence, vehicle, or any personal or real property 7 under his or her control at any time by the 8 Department; 9 (K) financially support his or her dependents 10 and provide the Department access to any requested 11 financial information; 12 (L) serve a term of home confinement, the 13 conditions of which shall be that the person: 14 (i) remain within the interior premises 15 of the place designated for his or her 16 confinement during the hours designated by the 17 Department; 18 (ii) admit any person or agent designated 19 by the Department into the offender's place of 20 confinement at any time for purposes of 21 verifying the person's compliance with the 22 condition of his or her confinement; 23 (iii) if deemed necessary by the 24 Department, be placed on an electronic 25 monitoring device; 26 (M) comply with the terms and conditions of an 27 order of protection issued by the court pursuant to 28 the Illinois Domestic Violence Act of 1986. A copy 29 of the order of protection shall be transmitted to 30 the Department by the clerk of the court; 31 (N) refrain from entering into a designated 32 geographic area except upon terms the Department 33 finds appropriate. The terms may include 34 consideration of the purpose of the entry, the time HB2088 Engrossed -25- LRB9206809RCcd 1 of day, others accompanying the person, and advance 2 approval by the Department; 3 (O) refrain from having any contact, including 4 written or oral communications, directly or 5 indirectly, with certain specified persons 6 including, but not limited to, the victim or the 7 victim's family, and report any incidental contact 8 with the victim or the victim's family to the 9 Department within 72 hours; refrain from entering 10 onto the premises of, traveling past, or loitering 11 near the victim's residence, place of employment, or 12 other places frequented by the victim; 13 (P) refrain from having any contact, including 14 written or oral communications, directly or 15 indirectly, with particular types of persons, 16 including but not limited to members of street 17 gangs, drug users, drug dealers, or prostitutes; 18 (Q) refrain from all contact, direct or 19 indirect, personally, by telephone, letter, or 20 through another person, with minor children without 21 prior identification and approval of the Department; 22 (R) refrain from having in his or her body the 23 presence of alcohol or any illicit drug prohibited 24 by the Cannabis Control Act or the Illinois 25 Controlled Substances Act, unless prescribed by a 26 physician, and submit samples of his or her breath, 27 saliva, blood, or urine for tests to determine the 28 presence of alcohol or any illicit drug; 29 (S) not establish a dating, intimate, or 30 sexual relationship with a person without prior 31 written notification to the Department; 32 (T) neither possess or have under his or her 33 control any material that is pornographic, sexually 34 oriented, or sexually stimulating, or that depicts HB2088 Engrossed -26- LRB9206809RCcd 1 or alludes to sexual activity or depicts minors 2 under the age of 18, including but not limited to 3 visual, auditory, telephonic, electronic media, or 4 any matter obtained through access to any computer 5 or material linked to computer access use; 6 (U) not patronize any business providing 7 sexually stimulating or sexually oriented 8 entertainment nor utilize "900" or adult telephone 9 numbers or any other sex-related telephone numbers; 10 (V) not reside near, visit, or be in or about 11 parks, schools, day care centers, swimming pools, 12 beaches, theaters, or any other places where minor 13 children congregate without advance approval of the 14 Department and report any incidental contact with 15 minor children to the Department within 72 hours; 16 (W) not establish any living arrangement or 17 residence without prior approval of the Department; 18 (X) not publish any materials or print any 19 advertisements without providing a copy of the 20 proposed publications to the Department officer and 21 obtaining permission prior to publication; 22 (Y) not leave the county except with prior 23 permission of the Department and provide the 24 Department officer or agent with written travel 25 routes to and from work and any other designated 26 destinations; 27 (Z) not possess or have under his or her 28 control certain specified items of contraband 29 related to the incidence of sexually offending items 30 including video or still camera items or children's 31 toys; 32 (AA) provide a written daily log of activities 33 as directed by the Department; 34 (BB) comply with all other special conditions HB2088 Engrossed -27- LRB9206809RCcd 1 that the Department may impose that restrict the 2 person from high-risk situations and limit access or 3 potential victims. 4 (6) A person placed on conditional release and who 5 during the term undergoes mandatory drug or alcohol 6 testing or is assigned to be placed on an approved 7 electronic monitoring device may be ordered to pay all 8 costs incidental to the mandatory drug or alcohol testing 9 and all costs incidental to the approved electronic 10 monitoring in accordance with the person's ability to pay 11 those costs. The Department may establish reasonable 12 fees for the cost of maintenance, testing, and incidental 13 expenses related to the mandatory drug or alcohol testing 14 and all costs incidental to approved electronic 15 monitoring. 16 (Source: P.A. 90-40, eff. 1-1-98; 91-875, eff. 6-30-00.) 17 (725 ILCS 207/60) 18 Sec. 60. Petition for conditional release. 19 (a) Any person who is committed for institutional care 20 in a secure facility or other facility under Section 40 of 21 this Act may petition the committing court to modify its 22 order by authorizing conditional release if at least 6 months 23 have elapsed since the initial commitment order was entered, 24 the most recent release petition was denied or the most 25 recent order for conditional release was revoked. The 26 director of the facility at which the person is placed may 27 file a petition under this Section on the person's behalf at 28 any time. 29 (b) If the person files a timely petition without 30 counsel, the court shall serve a copy of the petition on the 31 Attorney General or State's Attorney, whichever is applicable 32 and, subject to paragraph (c)(1) of Section 25 of this Act, 33 appoint counsel. If the person petitions through counsel, HB2088 Engrossed -28- LRB9206809RCcd 1 his or her attorney shall serve the Attorney General or 2 State's Attorney, whichever is applicable. 3 (c) Within 20 days after receipt of the petition, the 4 court shall appoint one or more examiners having the 5 specialized knowledge determined by the court to be 6 appropriate, who shall examine the mental condition of the 7 person and furnish a written report of the examination to the 8 court within 30 days after appointment. The examiners shall 9 have reasonable access to the person for purposes of 10 examination and to the person's past and present treatment 11 records and patient health care records. If any such 12 examiner believes that the person is appropriate for 13 conditional release, the examiner shall report on the type of 14 treatment and services that the person may need while in the 15 community on conditional release. The State has the right to 16 have the person evaluated by experts chosen by the State. 17 The court shall set a probable cause hearing as soon as 18 practical after the examiner's report is filed. If the court 19 determines at the probable cause hearing that cause exists to 20 believe that it is not substantially probable that the person 21 will engage in acts of sexual violence if on release or 22 conditional release, the court shall set a hearing on the 23 issue. 24 (d) The court, without a jury, shall hear the petition 25 within 30 days after the report of the court-appointed 26 examiner is filed with the court, unless the petitioner 27 waives this time limit. The court shall grant the petition 28 unless the State proves by clear and convincing evidence that 29 the person has not made sufficient progress to be 30 conditionally releasedthat the person is still a sexually31violent person and that it is still substantially probable32that the person will engage in acts of sexual violence if the33person is not confined in a secure facility. In making a 34 decision under this subsection, the court mustmayconsider HB2088 Engrossed -29- LRB9206809RCcd 1 the nature and circumstances of the behavior that was the 2 basis of the allegation in the petition under paragraph 3 (b)(1) of Section 15 of this Act, the person's mental history 4 and present mental condition, where the person will live, how 5 the person will support himself or herself and what 6 arrangements are available to ensure that the person has 7 access to and will participate in necessary treatment. 8 (e) Before the court may enter an order directing 9 conditional release to a less restrictive alternative it must 10 find the following: (1) the person will be treated by a 11 Department approved treatment provider, (2) the treatment 12 provider has presented a specific course of treatment and has 13 agreed to assume responsibility for the treatment and will 14 report progress to the Department on a regular basis, and 15 will report violations immediately to the Department, 16 consistent with treatment and supervision needs of the 17 respondent, (3) housing exists that is sufficiently secure to 18 protect the community, and the person or agency providing 19 housing to the conditionally released person has agreed in 20 writing to accept the person, to provide the level of 21 security required by the court, and immediately to report to 22 the Department if the person leaves the housing to which he 23 or she has been assigned without authorization, (4) the 24 person is willing to or has agreed to comply with the 25 treatment provider, the Department, and the court, and (5) 26 the person has agreed or is willing to agree to comply with 27 the behavioral monitoring requirements imposed by the court 28 and the Department. 29 (f) If the court finds that the person is appropriate 30 for conditional release, the court shall notify the 31 Department. The Department shall prepare a plan that 32 identifies the treatment and services, if any, that the 33 person will receive in the community. The plan shall address 34 the person's need, if any, for supervision, counseling, HB2088 Engrossed -30- LRB9206809RCcd 1 medication, community support services, residential services, 2 vocational services, and alcohol or other drug abuse 3 treatment. The Department may contract with a county health 4 department, with another public agency or with a private 5 agency to provide the treatment and services identified in 6 the plan. The plan shall specify who will be responsible for 7 providing the treatment and services identified in the plan. 8 The plan shall be presented to the court for its approval 9 within 60 days after the court finding that the person is 10 appropriate for conditional release, unless the Department 11 and the person to be released request additional time to 12 develop the plan. 13 (g) The provisions of paragraph (b)(4) of Section 40 of 14 this Act apply to an order for conditional release issued 15 under this Section. 16 (Source: P.A. 90-40, eff. 1-1-98; 91-875, eff. 6-30-00.) 17 (725 ILCS 207/65) 18 Sec. 65. Petition for discharge; procedure. 19 (a)(1) If the Secretary determines at any time that a 20 person committed under this Act is no longer a sexually 21 violent person, the Secretary shall authorize the person to 22 petition the committing court for discharge. The person 23 shall file the petition with the court and serve a copy upon 24 the Attorney General or the State's Attorney's office that 25 filed the petition under subsection (a) of Section 15 of this 26 Act, whichever is applicable. The court, upon receipt of the 27 petition for discharge, shall order a hearing to be held 28 within 45 days after the date of receipt of the petition. 29 (2) At a hearing under this subsection, the Attorney 30 General or State's Attorney, whichever filed the original 31 petition, shall represent the State and shall have the right 32 to have the petitioner examined by an expert or professional 33 person of his or her choice. The committed person or the HB2088 Engrossed -31- LRB9206809RCcd 1 State may elect to have the hearing before a jury. The State 2 has the burden of proving by clear and convincing evidence 3 that the petitioner is still a sexually violent person. 4 (3) If the court or jury is satisfied that the State has 5 not met its burden of proof under paragraph (a)(2) of this 6 Section, the petitioner shall be discharged from the custody 7 or supervision of the Department. If the court is satisfied 8 that the State has met its burden of proof under paragraph 9 (a)(2), the court may proceed under Section 40 of this Act to 10 determine whether to modify the petitioner's existing 11 commitment order. 12 (b)(1) A person may petition the committing court for 13 discharge from custody or supervision without the Secretary's 14 approval. At the time of an examination under subsection (a) 15 of Section 55 of this Act, the Secretary shall provide the 16 committed person with a written notice of the person's right 17 to petition the court for discharge over the Secretary's 18 objection. The notice shall contain a waiver of rights. The 19 Secretary shall forward the notice and waiver form to the 20 court with the report of the Department's examination under 21 Section 55 of this Act. If the person does not affirmatively 22 waive the right to petition, the court shall set a probable 23 cause hearing to determine whether facts exist that warrant a 24 hearing on whether the person is still a sexually violent 25 person. If a person does not file a petition for discharge, 26 yet fails to waive the right to petition under this Section, 27 then the probable cause hearing consists only of a review of 28 the reexamination reports and arguments on behalf of the 29 parties. The committed person has a right to have an attorney 30 represent him or her at the probable cause hearing, but the 31 person is not entitled to be present at the probable cause 32 hearing. The probable cause hearing under this Section must 33 be held within 45 days of the filing of the reexamination 34 report under Section 55 of this Act. HB2088 Engrossed -32- LRB9206809RCcd 1 (2) If the court determines at the probable cause 2 hearing under paragraph (b)(1) of this Section that probable 3 cause exists to believe that the committed person is no 4 longer a sexually violent person, then the court shall set a 5 hearing on the issue. At a hearing under this Section, the 6 committed person is entitled to be present and to the benefit 7 of the protections afforded to the person under Section 25 of 8 this Act. The committed person or the State may elect to have 9 a hearing under this Section before a jury. A verdict of a 10 jury under this Section is not valid unless it is unanimous. 11 The Attorney General or State's Attorney, whichever filed the 12 original petition, shall represent the State at a hearing 13 under this Section. The State has the right to have the 14 committed person evaluated by experts chosen by the State. 15 At the hearing, the State has the burden of proving by clear 16 and convincing evidence that the committed person is still a 17 sexually violent person. 18 (3) If the court or jury is satisfied that the State has 19 not met its burden of proof under paragraph (b)(2) of this 20 Section, the person shall be discharged from the custody or 21 supervision of the Department. If the court or jury is 22 satisfied that the State has met its burden of proof under 23 paragraph (b)(2) of this Section, the court may proceed under 24 Section 40 of this Act to determine whether to modify the 25 person's existing commitment order. 26 (Source: P.A. 90-40, eff. 1-1-98; 91-227, eff. 1-1-00.) 27 Section 20. The Unified Code of Corrections is amended 28 by changing Section 5-3-4 as follows: 29 (730 ILCS 5/5-3-4) (from Ch. 38, par. 1005-3-4) 30 Sec. 5-3-4. Disclosure of Reports. 31 (a) Any report made pursuant to this Article or Section 32 5-705 of the Juvenile Court Act of 1987 shall be filed of HB2088 Engrossed -33- LRB9206809RCcd 1 record with the court in a sealed envelope. 2 (b) Presentence reports shall be open for inspection 3 only as follows: 4 (1) to the sentencing court; 5 (2) to the state's attorney and the defendant's 6 attorney at least 3 days prior to the imposition of 7 sentence, unless such 3 day requirement is waived; 8 (3) to an appellate court in which the conviction 9 or sentence is subject to review; 10 (4) to any department, agency or institution to 11 which the defendant is committed; 12 (5) to any probation department of whom courtesy 13 probation is requested; 14 (6) to any probation department assigned by a court 15 of lawful jurisdiction to conduct a presentence report; 16 (7) to any other person only as ordered by the 17 court; and.18 (8) to any mental health professional on behalf of 19 the Illinois Department of Corrections or the Department 20 of Human Services or to a prosecutor who is evaluating or 21 investigating a potential or actual petition brought 22 under the Sexually Violent Persons Commitment Act 23 relating to a person who is the subject of a presentence 24 report or the respondent to a petition brought under the 25 Sexually Violent Persons Commitment Act who is the 26 subject of the presentence report sought. 27 (c) Presentence reports shall be filed of record with 28 the court within 30 days of a verdict or finding of guilty 29 for any offense involving an illegal sexual act perpetrated 30 upon a victim, including but not limited to offenses for 31 violations of Article 12 of the Criminal Code of 1961. 32 (d) A complaint, information or indictment shall not be 33 quashed or dismissed nor shall any person in custody for an 34 offense be discharged from custody because of noncompliance HB2088 Engrossed -34- LRB9206809RCcd 1 with subsection (c) of this Section. 2 (Source: P.A. 90-590, eff. 1-1-99.) 3 Section 25. The Mental Health and Developmental 4 Disabilities Confidentiality Act is amended by changing 5 Section 9.3 as follows: 6 (740 ILCS 110/9.3) 7 Sec. 9.3. Disclosure without consent under the Sexually 8 Violent Persons Commitment Act. Disclosure may be made 9 without consent by any therapist or other treatment provider 10 providing mental health or developmental disabilities 11 services pursuant to the provisions of the Sexually Violent 12 Persons Commitment Act or who previously provided any type of 13 mental health or developmental disabilities services to a 14 person who is subject to an evaluation, investigation, or 15 prosecution of a petition under the Sexually Violent Persons 16 Commitment Act. Disclosure may be made to the Attorney 17 General, the State's Attorney participating in the case, the 18 Department of Human Services, the court, and any other party 19 to whom the court directs disclosure to be made. The 20 information disclosed may include any records or 21 communications in the possession of the Department of 22 Corrections, if those records or communications were relied 23 upon by the therapist in providing mental health or 24 developmental disabilities services pursuant to the Sexually 25 Violent Persons Commitment Act. 26 (Source: P.A. 90-793, eff. 8-14-98.) 27 Section 99. Effective date. This Act takes effect upon 28 becoming law.