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Public Act 093-0885
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| SB3166 Enrolled |
LRB093 18346 RLC 44052 b |
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AN ACT concerning sexually violent persons.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Sexually Violent Persons Commitment Act is |
amended by changing Sections 55, 60, and 75 as follows:
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(725 ILCS 207/55)
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Sec. 55. Periodic reexamination; report.
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(a) If a person has been committed under Section 40 of this |
Act
and has not been discharged under Section 65 of this Act, |
the
Department shall submit a written report to the court on
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conduct an examination of his or her mental
condition within 6 |
months after an initial commitment under
Section 40 and then at |
least once every 12 months thereafter
from the completion of |
the
last evaluation for
the purpose of determining whether the |
person has made sufficient
progress to be conditionally |
released or discharged. At the time of
a reexamination under |
this Section, the person who has been
committed may retain or, |
if he or she is indigent and so requests,
the court may appoint |
a qualified expert or a professional person
to examine him or |
her.
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(b) Any examiner conducting an examination under this |
Section
shall prepare a written report of the examination no |
later than 30
days after the date of the examination. The |
examiner shall place
a copy of the report in the person's |
health care records and shall
provide a copy of the report to |
the court that committed the
person under Section 40.
The |
examination shall be conducted in conformance with the |
standards
developed under the Sex Offender Management Board Act |
and by an evaluator
approved by the Board.
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(c) Notwithstanding subsection (a) of this Section, the |
court
that committed a person under Section 40 may order a |
reexamination
of the person at any time during the period in |
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which the person is
subject to the commitment order.
Any |
examiner conducting an examination under this Section shall |
prepare a written report of the examination no later than 30 |
days after the date of the examination.
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(d) Petitions for discharge after reexamination must |
follow the
procedure
outlined in
Section 65 of this Act.
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(Source: P.A. 93-616, eff. 1-1-04.)
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(725 ILCS 207/60)
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Sec. 60. Petition for conditional release.
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(a) Any person who is committed for institutional care in a
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secure facility or other facility under Section 40 of this Act |
may
petition the committing court to modify its order by |
authorizing
conditional release if at least 6 months have |
elapsed since the
initial commitment order was entered, the |
most recent release
petition was denied or the most recent |
order for conditional
release was revoked. The director of the |
facility at which the
person is placed may file a petition |
under this Section on the
person's behalf at any time.
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(b) If the person files a timely petition without counsel, |
the
court shall serve a copy of the petition on the Attorney |
General
or State's Attorney, whichever is applicable and, |
subject to
paragraph (c)(1) of Section 25 of this Act, appoint |
counsel. If the person
petitions through counsel, his or her |
attorney shall serve the
Attorney General or State's Attorney, |
whichever is applicable.
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(c) Within 20 days after receipt of the petition, the court
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shall appoint one or more examiners having the specialized
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knowledge determined by the court to be appropriate, who shall
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examine the mental condition of the person and furnish a |
written report of
the
examination
to the court within 30 days |
after appointment. The examiners
shall have reasonable access |
to the person for purposes of
examination and to the person's |
past and present treatment records
and patient health care |
records. If any such examiner believes
that the person is |
appropriate for conditional release, the
examiner shall report |
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on the type of treatment and services that
the person may need |
while in the community on conditional release. The State
has |
the right to have the person evaluated by experts chosen by the |
State.
Any examination or evaluation conducted under this |
Section shall be in
conformance with the standards developed |
under the Sex Offender
Management Board Act and conducted by an |
evaluator approved by the Board.
The
court shall set a probable |
cause hearing as soon as practical after the
examiner's report |
is filed. If the court determines at the probable cause
hearing |
that cause exists to believe that it is not substantially |
probable that
the person will engage in acts of sexual violence |
if on release or conditional
release, the court shall set a |
hearing on the issue.
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(d) The court, without a jury, shall hear the petition |
within
30 days after the report of the court-appointed examiner |
is filed
with the court, unless the petitioner waives this time |
limit. The
court shall grant the petition unless the State |
proves by clear
and convincing evidence that the person has not |
made sufficient progress to
be conditionally released. In |
making a decision under
this subsection, the court must |
consider the nature and
circumstances of the behavior that was |
the basis of the allegation
in the petition under paragraph |
(b)(1) of Section 15 of this Act, the person's
mental history |
and present mental condition, where the person will
live, how |
the person will support himself or herself and what
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arrangements are available to ensure that the person has access |
to
and will participate in necessary treatment.
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(e) Before the court may enter an order directing |
conditional release to
a less restrictive alternative it must |
find the following: (1) the person will
be treated by a |
Department approved treatment provider, (2) the treatment
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provider has presented a specific course of treatment and has |
agreed to assume
responsibility for the treatment and will |
report progress to the Department on
a regular basis, and will |
report violations immediately to the Department,
consistent |
with treatment and supervision needs of the respondent, (3) |
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housing
exists that is sufficiently secure to protect the |
community, and the person or
agency providing housing to the |
conditionally released person has agreed in
writing to accept |
the person, to provide the level of security required by the
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court, and
immediately to report to the Department if the |
person leaves the housing to
which he or she has been assigned |
without authorization, (4) the person is
willing to or has |
agreed to comply with the treatment provider, the Department,
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and
the court, and (5) the person has agreed or is willing to |
agree to comply
with the behavioral monitoring requirements |
imposed by the court and the
Department.
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(f) If the court finds that the person is appropriate for
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conditional release, the court shall notify the Department. The
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Department shall prepare a plan that identifies the treatment |
and
services, if any, that the person will receive in the |
community.
The plan shall address the person's need, if any, |
for supervision,
counseling, medication, community support |
services, residential
services, vocational services, and |
alcohol or other drug abuse
treatment. The Department may |
contract with a county health
department, with another public |
agency or with a private agency to
provide the treatment and |
services identified in the plan. The
plan shall specify who |
will be responsible for providing the
treatment and services |
identified in the plan. The plan shall be
presented to the |
court for its approval within 60 days after the
court finding |
that the person is appropriate for conditional
release, unless |
the Department and the person to be released
request additional |
time to develop the plan.
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(g) The provisions of paragraphs
paragraph (b)(4), (b)(5), |
and (b)(6) of Section 40 of this Act
apply to an
order for |
conditional release issued under this Section.
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(Source: P.A. 92-415, eff. 8-17-01; 93-616, eff. 1-1-04.)
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(725 ILCS 207/75)
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Sec. 75. Notice concerning conditional release,
or
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discharge, escape, death, or court-ordered change in the |
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custody status of a detainee or civilly committed sexually |
violent person.
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(a) As used in this Section, the term:
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(1) "Act of sexual violence" means an act or attempted |
act
that is a basis for an allegation made in a petition |
under paragraph (b)(1) of
Section
15 of this Act.
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(2) "Member of the family" means spouse, child, |
sibling,
parent, or legal guardian.
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(3) "Victim" means a person against whom an act of |
sexual
violence has been committed.
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(b) If the court places a civilly committed sexually |
violent person on conditional release under
Section 40 or 60 of |
this Act or discharges a person under Section 60 or
65, or if a |
detainee or civilly committed sexually violent person escapes, |
dies, or is subject to any court-ordered change in custody |
status of the detainee or sexually violent person, the |
Department shall make a reasonable attempt, if he or she can be |
found, to notify all of the following who have requested
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notification under this Act or under the Rights of Crime |
Victims and Witnesses
Act:
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(1) Whichever of the following persons is appropriate |
in
accordance with the provisions of subsection (a)(3):
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(A) The victim of the act of sexual violence.
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(B) An adult member of the victim's family, if the |
victim
died as a result of the act of sexual violence.
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(C) The victim's parent or legal guardian, if the |
victim
is younger than 18 years old.
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(2) The Department of Corrections.
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(c) The notice under subsection (b) of this Section shall
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inform the Department of Corrections and the person notified |
under
paragraph (b)(1) of this Section of the name of
the |
person committed under this Act and the date the person is
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placed on conditional release,
or discharged, or if a detainee |
or civilly committed sexually violent person escapes, dies, or |
is subject to any court-ordered change in the custody status of |
the detainee or sexually violent person. The Department shall
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send the notice, postmarked at least 7 days before the date the
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person committed under this Act is placed on conditional |
release,
or discharged, or if a detainee or civilly committed |
sexually violent person escapes, dies, or is subject to any |
court-ordered change in the custody status of the detainee or |
sexually violent person, unless unusual circumstances do not |
permit advance written notification, to the Department of |
Corrections and the last-known
address of the person notified |
under paragraph
(b)(1) of this Section.
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(d) The Department shall design and prepare cards for |
persons
specified in paragraph (b)(1) of this Section to send |
to the
Department. The cards shall have space for these persons |
to
provide their names and addresses, the name of the person
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committed under this Act and any other information the |
Department
determines is necessary. The Department shall |
provide the cards,
without charge, to the Attorney General and |
State's Attorneys.
The Attorney General and State's Attorneys |
shall provide the
cards, without charge, to persons specified |
in paragraph (b)(1)
of this Section. These persons may send |
completed cards to the
Department. All records or portions of |
records of the Department
that relate to mailing addresses of |
these persons are not subject
to inspection or copying under |
Section 3 of the Freedom of
Information Act.
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(Source: P.A. 90-40, eff. 1-1-98; 90-793, eff. 8-14-98.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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