State of Illinois
92nd General Assembly
Legislation

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92_HB5873eng

 
HB5873 Engrossed                               LRB9215263RCsb

 1        AN ACT in relation to sexually dangerous persons.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:


 4        Section 5.  The Sexually Dangerous Persons Act is amended
 5    by changing Section 9 as follows:

 6        (725 ILCS 205/9) (from Ch. 38, par. 105-9)
 7        Sec. 9.  Application showing recovery.
 8        (a)  Any  person who is committed as a sexually dangerous
 9    person under this Act, may file  an  application  in  writing
10    before  the committing court setting forth facts showing that
11    such   sexually   dangerous   person   or   criminal   sexual
12    psychopathic person has recovered if at least 6  months  have
13    elapsed  since  the initial commitment order was entered, the
14    most recent application showing recovery was denied,  or  the
15    most  recent  order  for conditional release was revoked. The
16    Director of  Corrections  may  file  a  petition  under  this
17    Section  on  a  person's  behalf  at  any time. A copy of the
18    application showing recovery shall  be served on the  State's
19    Attorney of the committing county.
20        (b)  Within 30 days of receipt of the application showing
21    recovery,  the  court  shall  examine the application showing
22    recovery and determine if the  application  showing  recovery
23    has  been  filed  in  accordance  with  the  requirements  of
24    subsection  (a) of this Section. If the court determines that
25    this application showing  recovery  has  not  been  filed  in
26    accordance  with  the provisions of subsection (a), the court
27    may enter  its  order  denying  the  applicant's  application
28    showing recovery without further hearing.
29        (c)  If the court determines that the application showing
30    recovery  meets  the requirements of subsection (a), then the
 
HB5873 Engrossed            -2-                LRB9215263RCsb
 1    court shall direct the clerk of the court to cause a copy  of
 2    the  application  to  be sent to the Director of Corrections.
 3    The Director shall then cause to be prepared and sent to  the
 4    court  a  socio-psychiatric  report concerning the applicant.
 5    The  report  shall   be   prepared   by   the   psychiatrist,
 6    sociologist, psychologist, and warden of, or assigned to, the
 7    institution where the applicant is confined.
 8        (d)  The court shall set a probable cause hearing as soon
 9    as  practical  after  the socio-psychiatric report concerning
10    the applicant is  filed.  If  the  court  determines  at  the
11    probable  cause  hearing that cause exists to believe that it
12    is not substantially probable that the person will engage  in
13    acts  of  sexual  assault  or  acts  of sexual molestation of
14    children if discharged or conditionally released,  the  court
15    shall  set a hearing on the issue. If the court determines at
16    the probable cause hearing that cause exists to believe  that
17    it  is  substantially probable that the person will engage in
18    acts of sexual assault  or  acts  of  sexual  molestation  of
19    children, the court shall deny the application for recovery.
20        (e)  The   court,   with   or  without  a  jury,  at  the
21    applicant's   election,   shall   set   for   hearing   those
22    applications for recovery that  have  been  timely  filed  in
23    accordance with the provisions of subsection (a) and in which
24    the  court  has determined at the probable cause hearing that
25    cause exists to believe that it is not substantially probable
26    that the person will engage in acts of sexual assault or acts
27    of sexual molestation of children,  in  accordance  with  the
28    speedy  trial  provisions  under Section 103-5 of the Code of
29    Criminal  Procedure  of  1963.  However,  the  speedy   trial
30    provisions  do  not  commence until the court at the probable
31    cause hearing has determined that  cause  exists  to  believe
32    that  it  is  not substantially probable that the person will
33    engage  in  acts  of  sexual  assault  or  acts   of   sexual
34    molestation of children.
 
HB5873 Engrossed            -3-                LRB9215263RCsb
 1        (f)  A jury, or the court without a jury if the applicant
 2    has  waived  a  jury,  shall  grant  the  application showing
 3    recovery unless the State  proves  by  clear  and  convincing
 4    evidence  that  the  person  is  still  a  sexually dangerous
 5    person. In making a decision under this subsection  (f),  the
 6    court  or  jury  may consider the nature and circumstances of
 7    the behavior that was the basis for the  original  commitment
 8    as  a  sexually dangerous person, the person's mental history
 9    and present mental condition, where the person will live, how
10    the person will support himself or herself, what arrangements
11    are available to insure that the person  has  access  to  and
12    will  participate  in  necessary  treatment,  and  any  other
13    relevant  evidence.  An  application in writing setting forth
14    facts showing that such sexually dangerous person or criminal
15    sexual psychopathic person has recovered may be filed  before
16    the  committing court. Upon receipt thereof, the clerk of the
17    court shall cause a copy of the application to be sent to the
18    Director of the Department of Corrections. The Director shall
19    then  cause  to  be  prepared  and  sent  to  the   court   a
20    socio-psychiatric report concerning the applicant. The report
21    shall   be   prepared   by   the  psychiatrist,  sociologist,
22    psychologist and warden of, or assigned to,  the  institution
23    wherein  such  applicant  is  confined. The court shall set a
24    date for the hearing upon such application and shall consider
25    the report so prepared under the direction of the Director of
26    the  Department  of  Corrections  and  any   other   relevant
27    information  submitted  by or on behalf of such applicant. If
28    the patient is found to be no  longer  dangerous,  the  court
29    shall  order  that  he be discharged. If the court finds that
30    the patient appears no longer to be dangerous but that it  is
31    impossible  to  determine  with certainty under conditions of
32    institutional care that such person has fully recovered,  the
33    court  shall  enter  an order permitting such person to go at
34    large subject to such conditions and such supervision by  the
 
HB5873 Engrossed            -4-                LRB9215263RCsb
 1    Director  as  in  the  opinion  of  the court will adequately
 2    protect the public. In the event the person violates  any  of
 3    the  conditions  of  such  order, the court shall revoke such
 4    conditional release  and  recommit  the  person  pursuant  to
 5    Section  5-6-4  of  the Unified Code of Corrections under the
 6    terms of the original commitment. Upon an order of  discharge
 7    every  outstanding  information  and indictment, the basis of
 8    which was the reason for  the  present  detention,  shall  be
 9    quashed.
10    (Source: P.A. 77-2477.)

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