State of Illinois
91st General Assembly
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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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