Illinois General Assembly - Full Text of SB1577
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Full Text of SB1577  93rd General Assembly

SB1577sam002 93rd General Assembly


093_SB1577sam002

 










                                     LRB093 11028 RLC 12757 a

 1                    AMENDMENT TO SENATE BILL 1577

 2        AMENDMENT NO.     .  Amend Senate Bill 1577 as follows:
 3    by replacing all of page 2 and lines 1 through 12 on  page  3
 4    with the following:
 5    "court shall direct the clerk of the court to cause a copy of
 6    the  application  to  be sent to the Director of Corrections.
 7    The Director shall then cause to be prepared and sent to  the
 8    court  a  socio-psychiatric  report concerning the applicant.
 9    The report shall be  prepared  by  the  psychiatrist,  social
10    worker,  psychologist,  and  warden  of,  or assigned to, the
11    institution where the applicant is confined.
12        (d)  Upon receipt of the  socio-psychiatric  report,  the
13    court shall appoint counsel for the applicant if he or she is
14    not  already  represented.  If  the  applicant has refused to
15    participate in the socio-psychiatric  evaluation,  the  court
16    shall  set  a probable cause hearing as soon as practical and
17    shall conduct the probable cause hearing using the Department
18    of Corrections report and witnesses.  If  the  applicant  has
19    participated  in the socio-psychiatric evaluation, the court,
20    within 30 days after receipt of the socio-psychiatric report,
21    shall appoint an examiner having  the  specialized  knowledge
22    determined  by the court to be appropriate, who shall examine
23    the mental condition of the  person  and  furnish  a  written
24    report  of  the examination to the court within 45 days after
 
                            -2-      LRB093 11028 RLC 12757 a
 1    appointment. The examiner shall have reasonable access to the
 2    person for purposes of examination and to the  person's  past
 3    and   present  treatment  records  and  other  Department  of
 4    Corrections records. If any such examiner believes  that  the
 5    person  is  appropriate for conditional release, the examiner
 6    shall report on the type of treatment and services  that  the
 7    person  will  need  while  in  the  community  on conditional
 8    release. The State has the right to have the person evaluated
 9    by experts chosen  by  the  State.  The  court  shall  set  a
10    probable  cause  hearing  as  soon  as  practical  after  the
11    examiner's  report  is  filed. If the court determines at the
12    probable cause hearing that cause exists to believe that  the
13    applicant has recovered and is no longer a sexually dangerous
14    person  or  that while he or she remains a sexually dangerous
15    person, he or she can safely be  released  under  appropriate
16    conditions  and supervision, the court shall set a hearing on
17    the issue. If the court  does  not  find  probable  cause  to
18    believe  that  the  applicant has recovered or that he or she
19    can safely be conditionally released, the  court  shall  deny
20    the application for recovery.
21        (e)  The   court,   with   or  without  a  jury,  at  the
22    applicant's election, shall set for trial those  applications
23    for  recovery  that have been timely filed in accordance with
24    the provisions of subsection (a) and in which the  court  has
25    determined at the probable cause hearing that cause exists to
26    believe  that  the applicant has recovered and is no longer a
27    sexually dangerous person or that while he or she  remains  a
28    sexually  dangerous  person,  the  applicant  can  safely  be
29    released  under  appropriate  conditions  and supervision, in
30    accordance with the speedy  trial  provisions  under  Section
31    103-5 of the Code of Criminal Procedure of 1963. However, the
32    speedy  trial  provisions  do not commence until the court at
33    the probable cause hearing has determined that  cause  exists
34    to  believe that the applicant has recovered or can safely be
 
                            -3-      LRB093 11028 RLC 12757 a
 1    conditionally released.
 2        (f)  A jury, or the court without a jury if the applicant
 3    has waived a jury, shall make one of 3 findings  following  a
 4    trial:
 5             (1)  If  the  State  proves  by clear and convincing
 6        evidence that the person has not recovered and is still a
 7        sexually dangerous person, the petition shall be denied.
 8             (2)  If the State proves  by  clear  and  convincing
 9        evidence that the person has only recovered substantially
10        and  that he can be allowed safely to go at large only if
11        he or she is subject to conditions and supervision,  then
12        the  petition shall be granted subject to such conditions
13        and supervision as are imposed by the court following the
14        finding of substantial recovery.
15             (3)  If the  State  fails  to  prove  by  clear  and
16        convincing evidence that the person has not recovered and
17        is  still  a  sexually dangerous person and also fails to
18        prove by clear and convincing evidence  that  the  person
19        has  only recovered substantially and requires conditions
20        and supervision, the petition shall be  granted  and  the
21        person discharged.
22    In  making a decision under this subsection (f), the court or
23    jury  may  consider  the  nature  and  circumstances  of  the
24    behavior that was the basis for the original commitment as  a
25    sexually  dangerous  person,  the person's mental history and
26    present mental  condition,  the  person's  participation  and
27    progress  in treatment while in the custody of the Department
28    of  Corrections,  the  results  of  psychological   actuarial
29    instruments  normally  used  with  sex  offenders,  where the
30    person will live, how the  person  will  support  himself  or
31    herself,  the  necessity  of  additional  treatment  and  the
32    availability  of  that  treatment,  the  likelihood  that the
33    person will participate in necessary treatment, and any other
34    relevant evidence.
 
                            -4-      LRB093 11028 RLC 12757 a
 1        (g)  In the event that a person conditionally released is
 2    alleged to have violated any of the conditions of his or  her
 3    order of conditional release, the State's Attorney shall file
 4    a petition to revoke the conditional release. The court shall
 5    issue  a  warrant  and place the sexually dangerous person in
 6    the custody of the county sheriff pending a  hearing  on  the
 7    petition  to  revoke,  which hearing shall be conducted under
 8    Section 5-6-4 of the Unified  Code  of  Corrections.  If  the
 9    court  finds  by  a  preponderance  of  the evidence that the
10    person has violated any of the conditions of his or her order
11    of  conditional  release,  the  court   shall   revoke   such
12    conditional release and recommit the person to the Department
13    of Corrections."; and

14    on page 3, line 13, by deleting "relevant evidence.".