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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Sexually Dangerous Persons Act is amended by
5changing Sections 4, 4.01, 4.02, 5, and 9 and by adding
6Sections 4.04 and 4.05 as follows:
 
7    (725 ILCS 205/4)  (from Ch. 38, par. 105-4)
8    Sec. 4. After the filing of the petition, the court shall
9appoint two qualified evaluators psychiatrists to make a
10personal examination of the such alleged sexually dangerous
11person, to ascertain whether the such person is sexually
12dangerous, and the evaluators psychiatrists shall file with the
13court a report in writing of the result of their examination, a
14copy of which shall be delivered to the respondent.
15(Source: Laws 1955, p. 1144.)
 
16    (725 ILCS 205/4.01)  (from Ch. 38, par. 105-4.01)
17    Sec. 4.01. "Qualified evaluator psychiatrist" means a
18reputable physician or psychologist licensed in Illinois or any
19other state to practice medicine or psychology, or any other
20licensed professional who specializes in the evaluation of sex
21offenders in all its branches, who has specialized in the
22diagnosis and treatment of mental and nervous disorders for a

 

 

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1period of not less than 5 years.
2(Source: Laws 1959, p. 1685.)
 
3    (725 ILCS 205/4.02)  (from Ch. 38, par. 105-4.02)
4    Sec. 4.02. In counties of less than 500,000 inhabitants the
5cost of the psychiatric examination required by Section 4 is a
6charge against and shall be paid out of the general fund of the
7county in which the proceeding is brought.
8(Source: Laws 1959, p. 1685.)
 
9    (725 ILCS 205/4.04 new)
10    Sec. 4.04. Examination. "Examination" means an examination
11conducted in conformance with the standards developed under the
12Sex Offender Management Board Act and by an evaluator licensed
13under the Sex Offender Evaluation and Treatment Provider Act.
 
14    (725 ILCS 205/4.05 new)
15    Sec. 4.05. Criminal propensities to the commission of sex
16offenses. For the purposes of this Act, "criminal propensities
17to the commission of sex offenses" means that it is
18substantially probable that the person subject to the
19commitment proceeding will engage in the commission of sex
20offenses in the future if not confined.
 
21    (725 ILCS 205/5)  (from Ch. 38, par. 105-5)
22    Sec. 5. The respondent in any proceedings under this Act

 

 

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1shall have the right to demand a trial by jury and to be
2represented by counsel. The cost of representation by counsel
3for an indigent respondent shall be paid by the county in which
4the proceeding is brought. At the hearing on the petition it
5shall be competent to introduce evidence of the commission by
6the respondent of any number of crimes together with whatever
7punishments, if any, were inflicted.
8(Source: Laws 1955, p. 1144.)
 
9    (725 ILCS 205/9)  (from Ch. 38, par. 105-9)
10    Sec. 9. Recovery; examination and hearing.
11    (a) An application in writing setting forth facts showing
12that the such sexually dangerous person or criminal sexual
13psychopathic person has recovered may be filed before the
14committing court. Upon receipt thereof, the clerk of the court
15shall cause a copy of the application to be sent to the
16Director of the Department of Corrections. The Director shall
17then cause to be prepared and sent to the court a
18socio-psychiatric report concerning the applicant. The report
19shall be prepared by an evaluator licensed under the Sex
20Offender Evaluation and Treatment Provider Act a social worker
21and psychologist under the supervision of a licensed
22psychiatrist assigned to the institution wherein such
23applicant is confined. The court shall set a date for the
24hearing upon the such application and shall consider the report
25so prepared under the direction of the Director of the

 

 

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1Department of Corrections and any other relevant information
2submitted by or on behalf of the such applicant.
3    (b) At a hearing under this Section, the Attorney General
4or State's Attorney who filed the original application shall
5represent the State. The sexually dangerous person or the State
6may elect to have the hearing before a jury. The State has the
7burden of proving by clear and convincing evidence that the
8applicant is still a sexually dangerous person.
9    (c) If the applicant refuses to speak to, communicate with,
10or otherwise fails to cooperate with the State's examiner, the
11applicant may only introduce evidence and testimony from any
12expert or professional person who is retained to conduct an
13examination based upon review of the records and may not
14introduce evidence resulting from an examination of the person.
15Notwithstanding the provisions of Section 10 of the Mental
16Health and Developmental Disabilities Confidentiality Act, all
17evaluations conducted under this Act and all Illinois
18Department of Corrections treatment records shall be
19admissible at all proceedings held under this Act.
20    (d) If a person has previously filed an application in
21writing setting forth facts showing that the sexually dangerous
22person or criminal sexual psychopathic person has recovered and
23the court determined either at a hearing or following a jury
24trial that the applicant is still a sexually dangerous person,
25or if the application is withdrawn, no additional application
26may be filed for 2 years one year after a finding that the

 

 

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1person is still sexually dangerous or after the application is
2withdrawn, except if the application is accompanied by a
3statement from the treatment provider that the applicant has
4made exceptional progress and the application contains facts
5upon which a court could find that the condition of the person
6had so changed that a hearing is warranted.
7    (e) If the person is found to be no longer dangerous, the
8court shall order that he or she be discharged. If the court
9finds that the person appears no longer to be dangerous but
10that it is impossible to determine with certainty under
11conditions of institutional care that the such person has fully
12recovered, the court shall enter an order permitting the such
13person to go at large subject to the such conditions and such
14supervision by the Director as in the opinion of the court will
15adequately protect the public. In the event the person violates
16any of the conditions of the such order, the court shall revoke
17the such conditional release and recommit the person under
18pursuant to Section 5-6-4 of the Unified Code of Corrections
19under the terms of the original commitment. Upon an order of
20discharge every outstanding information and indictment, the
21basis of which was the reason for the present detention, shall
22be quashed.
23(Source: P.A. 94-404, eff. 1-1-06.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    725 ILCS 205/4from Ch. 38, par. 105-4
4    725 ILCS 205/4.01from Ch. 38, par. 105-4.01
5    725 ILCS 205/4.02from Ch. 38, par. 105-4.02
6    725 ILCS 205/4.04 new
7    725 ILCS 205/4.05 new
8    725 ILCS 205/5from Ch. 38, par. 105-5
9    725 ILCS 205/9from Ch. 38, par. 105-9