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Public Act 91-0227
HB1098 Enrolled LRB9100797RCks
AN ACT to amend the Sexually Violent Persons Commitment
Act by changing Sections 15, 45, 55, 65, and 70.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Sexually Violent Persons Commitment Act
is amended by changing Sections 15, 45, 55, 65, and 70 as
follows:
(725 ILCS 207/15)
Sec. 15. Sexually violent person petition; contents;
filing.
(a) A petition alleging that a person is a sexually
violent person may be filed by:
(1) The Attorney General, at the request of the
agency with jurisdiction over the person, as defined in
subsection (a) of Section 10 of this Act, or on his or
her own motion. If the Attorney General, after
consulting with and advising the State's Attorney of the
county referenced in paragraph (a)(2) of this Section,
decides to file a petition under this Section, he or she
shall file the petition before the date of the release or
discharge of the person or within 30 days of placement
onto parole or mandatory supervised release for an
offense enumerated in paragraph (e) of Section 5 of this
Act.
(2) If the Attorney General does not file a
petition under this Section, the State's Attorney of the
county in which the person was convicted of a sexually
violent offense, adjudicated delinquent for a sexually
violent offense or found not guilty of or not responsible
for a sexually violent offense by reason of insanity,
mental disease, or mental defect may file a petition.
(3) The Attorney General and the State's Attorney
referenced in paragraph (a)(2) of this Section jointly.
(b) A petition filed under this Section shall allege
that all of the following apply to the person alleged to be a
sexually violent person:
(1) The person satisfies any of the following
criteria:
(A) The person has been convicted of a
sexually violent offense;
(B) The person has been found delinquent for a
sexually violent offense; or
(C) The person has been found not guilty of a
sexually violent offense by reason of insanity,
mental disease, or mental defect.
(2) (Blank;) The person is within 90 days of
discharge or entry into mandatory supervised release from
a Department of Corrections correctional facility for a
sentence that was imposed upon a conviction for a
sexually violent offense or for a sentence that is being
served concurrently or consecutively with a sexually
violent offense or is within the initial 30 days of the
person's entry date into parole or mandatory supervised
release; or
(3) (Blank;) The person is within 90 days of
discharge or release from a Department of Corrections
juvenile correctional facility, if the person was placed
in the facility for being adjudicated delinquent under
Section 5-20 of the Juvenile Court Act of 1987 (now
repealed) or found guilty under Section 5-620 of that
Act, on the basis of a sexually violent offense or from a
commitment order that was entered as a result of a
sexually violent offense.
(4) The person has a mental disorder.
(5) The person is dangerous to others because the
person's mental disorder creates a substantial
probability that he or she will engage in acts of sexual
violence.
(b-5) The petition must be filed:
(1) No more than 90 days before discharge or entry
into mandatory supervised release from a Department of
Corrections correctional facility for a sentence that was
imposed upon a conviction for a sexually violent offense,
or for a sentence that is being served concurrently or
consecutively with a sexually violent offense, and no
more than 30 days after the person's entry into parole or
mandatory supervised release; or
(2) No more than 90 days before discharge or
release:
(A) from a Department of Corrections juvenile
correctional facility if the person was placed in
the facility for being adjudicated delinquent under
Section 5-20 of the Juvenile Court Act of 1987 or
found guilty under Section 5-620 of that Act on the
basis of a sexually violent offense; or
(B) from a commitment order that was entered
as a result of a sexually violent offense.
(c) A petition filed under this Section shall state with
particularity essential facts to establish probable cause to
believe the person is a sexually violent person. If the
petition alleges that a sexually violent offense or act that
is a basis for the allegation under paragraph (b)(1) of this
Section was an act that was sexually motivated as provided
under paragraph (e)(2) of Section 5 of this Act, the petition
shall state the grounds on which the offense or act is
alleged to be sexually motivated.
(d) A petition under this Section shall be filed in
either of the following:
(1) The circuit court for the county in which the
person was convicted of a sexually violent offense,
adjudicated delinquent for a sexually violent offense or
found not guilty of a sexually violent offense by reason
of insanity, mental disease or mental defect.
(2) The circuit court for the county in which the
person is in custody under a sentence, a placement to a
Department of Corrections correctional facility or
juvenile correctional facility, or a commitment order.
(Source: P.A. 90-40, eff. 1-1-98; 90-793, eff. 8-14-98;
revised 8-26-98.)
(725 ILCS 207/45)
Sec. 45. Deoxyribonucleic acid analysis requirements.
(a)(1) If a person is found to be a sexually violent
person under this Act, the court shall require the person
to provide a biological specimen for deoxyribonucleic
acid analysis in accordance with Section 5-4-3 of the
Unified Code of Corrections.
(2) The results from deoxyribonucleic acid analysis
of a specimen under paragraph (a)(1) of this Section may
be used only as authorized by Section 5-4-3 of the
Unified Code of Corrections.
(b) The Attorney General shall promulgate rules adopted
by the Illinois Department of State Police under Section
5-4-3 of the Unified Code of Corrections are the providing
for procedures that must be followed for persons to provide
specimens under paragraph (a)(1) of this Section.
(Source: P.A. 90-40, eff. 1-1-98.)
(725 ILCS 207/55)
Sec. 55. Periodic reexamination; report.
(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 conduct an examination of his or
her mental condition within 6 months after an initial
commitment under Section 40 and again thereafter at least
once each 12 months 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.
(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.
(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
which the person is subject to the commitment order.
(d) Petitions for discharge after reexamination must
follow the procedure outlined in Section 65 of this Act.
(Source: P.A. 90-40, eff. 1-1-98; 90-793, eff. 8-14-98.)
(725 ILCS 207/65)
Sec. 65. Petition for discharge; procedure.
(a)(1) If the Secretary determines at any time that a
person committed under this Act is no longer a sexually
violent person, the Secretary shall authorize the person to
petition the committing court for discharge. The person
shall file the petition with the court and serve a copy upon
the Attorney General or the State's Attorney's office that
filed the petition under subsection (a) of Section 15 of this
Act, whichever is applicable. The court, upon receipt of the
petition for discharge, shall order a hearing to be held
within 45 days after the date of receipt of the petition.
(2) At a hearing under this subsection, the Attorney
General or State's Attorney, whichever filed the original
petition, shall represent the State and shall have the right
to have the petitioner examined by an expert or professional
person of his or her choice. The committed person or the
State may elect to have the hearing before a jury. The
hearing shall be before the court without a jury. The State
has the burden of proving by clear and convincing evidence
that the petitioner is still a sexually violent person.
(3) If the court is satisfied that the State has not met
its burden of proof under paragraph (a)(2) of this Section,
the petitioner shall be discharged from the custody or
supervision of the Department. If the court is satisfied
that the State has met its burden of proof under paragraph
(a)(2), the court may proceed under Section 40 of this Act to
determine whether to modify the petitioner's existing
commitment order.
(b)(1) A person may petition the committing court for
discharge from custody or supervision without the Secretary's
approval. At the time of an examination under subsection (a)
of Section 55 of this Act, the Secretary shall provide the
committed person with a written notice of the person's right
to petition the court for discharge over the Secretary's
objection. The notice shall contain a waiver of rights. The
Secretary shall forward the notice and waiver form to the
court with the report of the Department's examination under
Section 55 of this Act. If the person does not affirmatively
waive the right to petition, the court shall set a probable
cause hearing to determine whether facts exist that warrant a
hearing on whether the person is still a sexually violent
person. If a person does not file a petition for discharge,
yet fails to waive the right to petition under this Section,
then the probable cause hearing consists only of a review of
the reexamination reports and arguments on behalf of the
parties. The committed person has a right to have an attorney
represent him or her at the probable cause hearing, but the
person is not entitled to be present at the probable cause
hearing. The probable cause hearing under this Section must
be held within 45 days of the filing of the reexamination
report under Section 55 of this Act.
(2) If the court determines at the probable cause
hearing under paragraph (b)(1) of this Section that probable
cause exists to believe that the committed person is no
longer a sexually violent person, then the court shall set a
hearing on the issue. At a hearing under this Section, the
committed person is entitled to be present and to the benefit
of the protections afforded to the person under Section 25 of
this Act. The committed person or the State may elect to have
a hearing under this Section before a jury. A verdict of a
jury under this Section is not valid unless it is unanimous.
The Attorney General or State's Attorney, whichever filed the
original petition, shall represent the State at a hearing
under this Section. The hearing under this Section shall be
to the court. The State has the right to have the committed
person evaluated by experts chosen by the State. At the
hearing, the State has the burden of proving by clear and
convincing evidence that the committed person is still a
sexually violent person.
(3) If the court is satisfied that the State has not met
its burden of proof under paragraph (b)(2) of this Section,
the person shall be discharged from the custody or
supervision of the Department. If the court is satisfied
that the State has met its burden of proof under paragraph
(b)(2) of this Section, the court may proceed under Section
40 of this Act to determine whether to modify the person's
existing commitment order.
(Source: P.A. 90-40, eff. 1-1-98.)
(725 ILCS 207/70)
Sec. 70. Additional discharge petitions. In addition to
the procedures under Section 65 of this Act, a committed
person may petition the committing court for discharge at any
time, and the court must set the matter for a probable cause
hearing; however, but if a person has previously filed a
petition for discharge without the Secretary's approval and
the court determined, either upon review of the petition or
following a hearing, that the person's petition was frivolous
or that the person was still a sexually violent person, then
the court shall deny any subsequent petition under this
Section without a hearing unless the petition contains facts
upon which a court could find that the condition of the
person had so changed that a hearing was warranted. If the
court finds that a hearing is warranted, the court shall set
a probable cause hearing in accordance with paragraph (b)(1)
of Section 65 of this Act and continue proceedings under
paragraph (b)(2) of Section 65, if appropriate. If the
person has not previously filed a petition for discharge
without the Secretary's approval, the court shall set a
probable cause hearing in accordance with paragraph (b)(1) of
Section 65 and continue proceedings under paragraph (b)(2) of
Section 65, if appropriate.
(Source: P.A. 90-40, eff. 1-1-98.)
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