State of Illinois
92nd General Assembly

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SB2197 Engrossed                               LRB9213482RCcd

 1        AN ACT in relation to sexually dangerous persons.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section   5.   The  Sexually  Dangerous  Persons  Act  is
 5    amended by changing Sections 8 and 9 as follows:

 6        (725 ILCS 205/8) (from Ch. 38, par. 105-8)
 7        Sec. 8. If the respondent  is  found  to  be  a  sexually
 8    dangerous person then the court shall appoint the Director of
 9    Corrections  guardian  of  the  person  found  to be sexually
10    dangerous and  such  person  shall  stand  committed  to  the
11    custody  of  such  guardian.  The  Director of Corrections as
12    guardian shall keep safely the person so committed until  the
13    person has recovered and is released as hereinafter provided.
14    The  Director  of  Corrections as guardian shall provide care
15    and treatment for the person committed  to  him  designed  to
16    effect  recovery.  The  Director  may  place that ward in any
17    facility in the Department of Corrections or portion  thereof
18    set  aside  for  the care and treatment of sexually dangerous
19    persons. The  Department  of  Corrections  may  also  request
20    another  state  Department  or  Agency to examine such person
21    patient and upon such  request,  such  Department  or  Agency
22    shall make such examination and the Department of Corrections
23    may,  with the consent of the chief executive officer of such
24    other Department  or  Agency,  thereupon  place  such  person
25    patient in the care and treatment of such other Department or
26    Agency.
27    (Source: P.A. 77-2477.)

28        (725 ILCS 205/9) (from Ch. 38, par. 105-9)
29        Sec.  9.  An  application  in writing setting forth facts
30    showing that  such  sexually  dangerous  person  or  criminal
SB2197 Engrossed            -2-                LRB9213482RCcd
 1    sexual  psychopathic person has recovered may be filed before
 2    the committing court. Upon receipt thereof, the clerk of  the
 3    court shall cause a copy of the application to be sent to the
 4    Director of the Department of Corrections. The Director shall
 5    then   cause   to  be  prepared  and  sent  to  the  court  a
 6    socio-psychiatric report concerning the applicant. The report
 7    shall be prepared by a social worker and  psychologist  under
 8    the  supervision of a licensed the psychiatrist, sociologist,
 9    psychologist and warden of, or assigned to,  the  institution
10    wherein  such  applicant  is  confined. The court shall set a
11    date for the hearing upon such application and shall consider
12    the report so prepared under the direction of the Director of
13    the  Department  of  Corrections  and  any   other   relevant
14    information  submitted  by or on behalf of such applicant. If
15    the person patient is found to be no  longer  dangerous,  the
16    court  shall  order that he be discharged. If the court finds
17    that the person patient appears no longer to be dangerous but
18    that it is  impossible  to  determine  with  certainty  under
19    conditions  of  institutional care that such person has fully
20    recovered, the court shall enter  an  order  permitting  such
21    person  to  go  at  large subject to such conditions and such
22    supervision by the Director as in the opinion  of  the  court
23    will  adequately  protect the public. In the event the person
24    violates any of the conditions of such order, the court shall
25    revoke such  conditional  release  and  recommit  the  person
26    pursuant  to Section 5-6-4 of the Unified Code of Corrections
27    under the terms of the original commitment. Upon an order  of
28    discharge  every  outstanding information and indictment, the
29    basis of which was the  reason  for  the  present  detention,
30    shall be quashed.
31    (Source: P.A. 77-2477.)

32        Section  99.  Effective date.  This Act takes effect upon
33    becoming law.

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