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Public Act 094-0404
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| HB0245 Enrolled |
LRB094 03683 RLC 33924 b |
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AN ACT concerning sexually dangerous 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 Dangerous Persons Act is amended by |
changing Section 9 as follows:
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(725 ILCS 205/9) (from Ch. 38, par. 105-9)
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Sec. 9. Recovery; examination and hearing.
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(a) An application in writing setting forth facts showing |
that such
sexually dangerous person or criminal sexual |
psychopathic person has
recovered may be filed before the |
committing court. Upon receipt thereof,
the clerk of the court |
shall cause a copy of the application to be sent to
the |
Director of the Department of Corrections. The Director shall |
then
cause to be prepared and sent to the court a |
socio-psychiatric report
concerning the applicant. The report |
shall be prepared by a social worker
and psychologist under the |
supervision of a licensed psychiatrist assigned
to, the |
institution wherein such applicant is confined. The court
shall |
set a date for the
hearing upon such application and shall |
consider the report so prepared
under the direction of the |
Director of the Department of Corrections and
any other |
relevant information submitted by or on behalf of such |
applicant. |
(b) At a hearing under this Section, the Attorney General |
or State's Attorney who filed the original application shall |
represent the State. The sexually dangerous person or the State |
may elect to have the hearing before a jury. The State has the |
burden of proving by clear and convincing evidence that the |
applicant is still a sexually dangerous person. |
(c) If the applicant refuses to speak to, communicate with, |
or otherwise fails to cooperate with the State's examiner, the |
applicant may only introduce evidence and testimony from any |
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expert or professional person who is retained to conduct an |
examination based upon review of the records and may not |
introduce evidence resulting from an examination of the person. |
Notwithstanding the provisions of Section 10 of the Mental |
Health and Developmental Disabilities Confidentiality Act, all |
evaluations conducted under this Act and all Illinois |
Department of Corrections treatment records shall be |
admissible at all proceedings held under this Act.
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(d) If a person has previously filed an application in |
writing setting forth facts showing that the sexually dangerous |
person or criminal sexual psychopathic person has recovered and |
the court determined either at a hearing or following a jury |
trial that the applicant is still a sexually dangerous person, |
or if the application is withdrawn, no additional application |
may be filed for one year after a finding that the person is |
still sexually dangerous or after the application is withdrawn, |
except if the application is accompanied by a statement from |
the treatment provider that the applicant has made exceptional |
progress and the application contains facts upon which a court |
could find that the condition of the person had so changed that |
a hearing is warranted.
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(e) If the person is found to be no longer dangerous, the |
court shall order
that he be discharged. If the court finds |
that the person appears no
longer to be dangerous but that it |
is impossible to determine with
certainty under conditions of |
institutional care that such person has fully
recovered, the |
court shall enter an order permitting such person to go at
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large subject to such conditions and such supervision by the |
Director as in
the opinion of the court will adequately protect |
the public. In the event
the person violates any of the |
conditions of such order, the court shall
revoke such |
conditional release and recommit the person pursuant to Section
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5-6-4 of the Unified Code of Corrections under the terms of the |
original
commitment. Upon an order of discharge every |
outstanding information and
indictment, the basis of which was |
the reason for the present detention,
shall be quashed.
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