Illinois General Assembly - Bill Status for SB1577

Amends the Sexually Dangerous Persons Act. Provides that a person who is committed as a sexually dangerous person may file an application showing recovery after 6 months have elapsed since the initial commitment order was entered, the most recent order showing recovery was denied, or the most recent order for conditional release was revoked. Provides that the court, within 30 days of the receipt of the petition showing recovery, may either deny the application or set the cause for a probable cause hearing after the court receives a socio-psychiatric report. Provides that at the probable cause hearing, if the court is satisfied that cause exists to believe that it is not substantially probable that the applicant will engage in acts of sexual assault or acts of sexual molestation of children if discharged or conditionally released, it shall set the cause for a hearing. Provides that the person at his or her election is entitled to a trial by jury on the issue of recovery. Provides standards to be considered by the court or jury in determining whether the applicant has recovered and should be discharged from confinement.

Changes the procedures at the probable cause hearing. Provides that a jury, or the court without a jury if the applicant has waived a jury, shall make one of 3 findings following a trial: (1) if the State proves by clear and convincing evidence that the person has not recovered and is still a sexually dangerous person the petition shall be denied; (2) if the State proves by clear and convincing evidence that the person has only recovered substantially and that he can be allowed safely to go at large only if he or she is subject to conditions and supervision, then the petition shall be granted subject to such conditions and supervision as are imposed by the court following the finding of substantial recovery; (3) if the State fails to prove by clear and convincing evidence that the person has not recovered and is still a sexually dangerous person and also fails to prove by clear and convincing evidence that the person has only recovered substantially and requires conditions and supervision, the petition shall be granted and the person discharged.

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