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92nd General Assembly

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Public Act 92-0415

HB2088 Enrolled                                LRB9206809RCcd

    AN ACT in relation to sexually violent persons.

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

    Section  5.  The Juvenile Court Act of 1987 is amended by
changing Sections 1-7 and 1-8 as follows:

    (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
    Sec. 1-7.  Confidentiality of law enforcement records.
    (A)  Inspection  and  copying  of law enforcement records
maintained by law enforcement agencies that relate to a minor
who has been arrested or taken into custody before his or her
17th birthday shall be restricted to the following:
         (1)  Any local, State  or  federal  law  enforcement
    officers of any jurisdiction or agency when necessary for
    the   discharge  of  their  official  duties  during  the
    investigation or prosecution of a crime or relating to  a
    minor  who  has been adjudicated delinquent and there has
    been a previous finding that the  act  which  constitutes
    the  previous  offense  was  committed  in furtherance of
    criminal activities  by  a  criminal  street  gang.   For
    purposes  of this Section, "criminal street gang" has the
    meaning ascribed to it in  Section  10  of  the  Illinois
    Streetgang Terrorism Omnibus Prevention Act.
         (2)  Prosecutors,    probation    officers,   social
    workers, or other individuals assigned by  the  court  to
    conduct    a    pre-adjudication    or    pre-disposition
    investigation,    and    individuals    responsible   for
    supervising or providing temporary or permanent care  and
    custody  for minors pursuant to the order of the juvenile
    court,    when    essential    to    performing     their
    responsibilities.
         (3)  Prosecutors and probation officers:
              (a)  in  the course of a trial when institution
         of  criminal  proceedings  has  been  permitted   or
         required under Section 5-805; or
              (b)  when  institution  of criminal proceedings
         has been permitted or required under  Section  5-805
         and  such  minor  is  the subject of a proceeding to
         determine the amount of bail; or
              (c)  when  criminal   proceedings   have   been
         permitted  or  required under Section 5-805 and such
         minor is the subject of a  pre-trial  investigation,
         pre-sentence   investigation,  fitness  hearing,  or
         proceedings on an application for probation.
         (4)  Adult and Juvenile Prisoner Review Board.
         (5)  Authorized military personnel.
         (6)  Persons engaged in bona fide research, with the
    permission of the Presiding Judge of the  Juvenile  Court
    and the chief executive of the respective law enforcement
    agency;   provided  that  publication  of  such  research
    results in  no  disclosure  of  a  minor's  identity  and
    protects the confidentiality of the minor's record.
         (7)  Department  of  Children  and  Family  Services
    child  protection  investigators acting in their official
    capacity.
         (8)  The appropriate  school  official.   Inspection
    and  copying  shall be limited to law enforcement records
    transmitted to the appropriate school official by a local
    law  enforcement  agency  under  a  reciprocal  reporting
    system established  and  maintained  between  the  school
    district  and  the  local  law  enforcement  agency under
    Section 10-20.14 of the School Code  concerning  a  minor
    enrolled  in  a school within the school district who has
    been arrested or  taken  into  custody  for  any  of  the
    following offenses:
              (i)  unlawful use of weapons under Section 24-1
         of the Criminal Code of 1961;
              (ii)  a  violation  of  the Illinois Controlled
         Substances Act;
              (iii)  a violation of the Cannabis Control Act;
         or
              (iv)  a forcible felony as defined  in  Section
         2-8 of the Criminal Code of 1961.
         (9)  Mental  health  professionals  on behalf of the
    Illinois Department of Corrections or the  Department  of
    Human   Services   or  prosecutors  who  are  evaluating,
    prosecuting,  or  investigating  a  potential  or  actual
    petition  brought  under  the  Sexually  Violent  Persons
    Commitment Act relating to a person who is the subject of
    juvenile law enforcement records or the respondent  to  a
    petition  brought  under  the  Sexually  Violent  Persons
    Commitment  Act  who  is  the subject of the juvenile law
    enforcement  records  sought.   Any   records   and   any
    information   obtained  from  those  records  under  this
    paragraph (9)  may  be  used  only  in  sexually  violent
    persons commitment proceedings.
    (B) (1)  Except  as  provided  in  paragraph  (2), no law
    enforcement  officer  or  other  person  or  agency   may
    knowingly  transmit  to  the  Department  of Corrections,
    Adult Division or the Department of State  Police  or  to
    the  Federal  Bureau  of Investigation any fingerprint or
    photograph relating to a minor who has been  arrested  or
    taken  into  custody  before  his  or  her 17th birthday,
    unless the court in proceedings under this Act authorizes
    the transmission or enters an order under  Section  5-805
    permitting  or  requiring  the  institution  of  criminal
    proceedings.
         (2)  Law  enforcement  officers  or other persons or
    agencies shall   transmit  to  the  Department  of  State
    Police  copies  of  fingerprints  and descriptions of all
    minors who have  been  arrested  or  taken  into  custody
    before  their  17th  birthday for the offense of unlawful
    use of weapons under Article 24 of the Criminal  Code  of
    1961,  a  Class X or Class 1 felony, a forcible felony as
    defined in Section 2-8 of the Criminal Code of 1961, or a
    Class 2 or greater felony under the Cannabis Control Act,
    the Illinois Controlled Substances Act, or Chapter  4  of
    the  Illinois  Vehicle Code, pursuant to Section 5 of the
    Criminal Identification Act.  Information reported to the
    Department pursuant to this  Section  may  be  maintained
    with  records  that  the  Department  files  pursuant  to
    Section  2.1 of the Criminal Identification Act.  Nothing
    in this Act  prohibits  a  law  enforcement  agency  from
    fingerprinting  a  minor  taken  into custody or arrested
    before his or her 17th birthday for an offense other than
    those listed in this paragraph (2).
    (C)  The records of law enforcement  officers  concerning
all  minors under 17 years of age must be maintained separate
from the records of arrests and may not  be  open  to  public
inspection  or  their contents disclosed to the public except
by order of the court or when  the  institution  of  criminal
proceedings  has  been  permitted  or  required under Section
5-805 or such a person has been convicted of a crime  and  is
the  subject  of pre-sentence investigation or proceedings on
an application for probation or when provided by law.
    (D)  Nothing contained in subsection (C) of this  Section
shall  prohibit  the  inspection or disclosure to victims and
witnesses of photographs contained  in  the  records  of  law
enforcement  agencies  when  the inspection and disclosure is
conducted in the presence of a law  enforcement  officer  for
the  purpose  of  the  identification  or apprehension of any
person subject to the provisions  of  this  Act  or  for  the
investigation or prosecution of any crime.
    (E)  Law   enforcement  officers  may  not  disclose  the
identity of any minor in releasing information to the general
public as to the arrest, investigation or disposition of  any
case involving a minor.
    (F)  Nothing contained in this Section shall prohibit law
enforcement  agencies  from  communicating with each other by
letter, memorandum, teletype or intelligence  alert  bulletin
or  other  means  the  identity or other relevant information
pertaining to a person under 17 years of  age  if  there  are
reasonable  grounds  to  believe that the person poses a real
and present danger  to  the  safety  of  the  public  or  law
enforcement  officers.  The  information  provided under this
subsection (F) shall remain confidential  and  shall  not  be
publicly disclosed, except as otherwise allowed by law.
    (G)  Nothing  in this Section shall prohibit the right of
a Civil Service Commission or  appointing  authority  of  any
state,  county  or  municipality  examining the character and
fitness of an applicant for employment with a law enforcement
agency, correctional institution,  or  fire  department  from
obtaining  and  examining  the records of any law enforcement
agency relating to any record of the  applicant  having  been
arrested  or  taken  into custody before the applicant's 17th
birthday.
(Source: P.A. 90-127,  eff.  1-1-98;  91-357,  eff.  7-29-99;
91-368, eff. 1-1-00.)

    (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
    Sec.  1-8.  Confidentiality and accessibility of juvenile
court records.
    (A)  Inspection and copying  of  juvenile  court  records
relating  to a minor who is the subject of a proceeding under
this Act shall be restricted to the following:
         (1)  The minor who is the  subject  of  record,  his
    parents, guardian and counsel.
         (2)  Law  enforcement  officers  and law enforcement



    agencies when such information is essential to  executing
    an  arrest or search warrant or other compulsory process,
    or to conducting an ongoing investigation or relating  to
    a minor who has been adjudicated delinquent and there has
    been  a  previous  finding that the act which constitutes
    the previous offense  was  committed  in  furtherance  of
    criminal activities by a criminal street gang.
         Before  July  1,  1994,  for  the  purposes  of this
    Section,  "criminal  street  gang"  means   any   ongoing
    organization, association, or group of 3 or more persons,
    whether  formal or informal, having as one of its primary
    activities the commission of one or  more  criminal  acts
    and  that  has  a common name or common identifying sign,
    symbol or specific color  apparel  displayed,  and  whose
    members  individually  or  collectively engage in or have
    engaged in a pattern of criminal activity.
         Beginning  July  1,  1994,  for  purposes  of   this
    Section,  "criminal street gang" has the meaning ascribed
    to it in Section 10 of the Illinois Streetgang  Terrorism
    Omnibus Prevention Act.
         (3)  Judges,    hearing    officers,    prosecutors,
    probation  officers,  social workers or other individuals
    assigned by the court to conduct  a  pre-adjudication  or
    predisposition investigation, and individuals responsible
    for  supervising or providing temporary or permanent care
    and custody for minors  pursuant  to  the  order  of  the
    juvenile   court   when  essential  to  performing  their
    responsibilities.
         (4)  Judges, prosecutors and probation officers:
              (a)  in the course of a trial when  institution
         of   criminal  proceedings  has  been  permitted  or
         required under Section 5-805; or
              (b)  when  criminal   proceedings   have   been
         permitted  or  required  under  Section  5-805 and a
         minor is the subject of a  proceeding  to  determine
         the amount of bail; or
              (c)  when   criminal   proceedings   have  been
         permitted or required  under  Section  5-805  and  a
         minor  is  the subject of a pre-trial investigation,
         pre-sentence investigation or  fitness  hearing,  or
         proceedings on an application for probation; or
              (d)  when  a  minor  becomes 17 years of age or
         older, and is the subject of  criminal  proceedings,
         including a hearing to determine the amount of bail,
         a    pre-trial    investigation,    a   pre-sentence
         investigation, a fitness hearing, or proceedings  on
         an application for probation.
         (5)  Adult and Juvenile Prisoner Review Boards.
         (6)  Authorized military personnel.
         (7)  Victims,     their    subrogees    and    legal
    representatives; however, such persons shall have  access
    only to the name and address of the minor and information
    pertaining  to  the disposition or alternative adjustment
    plan of the juvenile court.
         (8)  Persons engaged in bona fide research, with the
    permission of the presiding judge of the  juvenile  court
    and  the  chief executive of the agency that prepared the
    particular records; provided  that  publication  of  such
    research  results  in no disclosure of a minor's identity
    and protects the confidentiality of the record.
         (9)  The Secretary of State to whom the Clerk of the
    Court shall report  the  disposition  of  all  cases,  as
    required  in  Section 6-204 of the Illinois Vehicle Code.
    However, information reported relative to these  offenses
    shall  be  privileged and available only to the Secretary
    of State, courts, and police officers.
         (10)  The  administrator  of  a  bonafide  substance
    abuse student assistance program with the  permission  of
    the presiding judge of the juvenile court.
         (11)  Mental  health  professionals on behalf of the
    Illinois Department of Corrections or the  Department  of
    Human   Services   or  prosecutors  who  are  evaluating,
    prosecuting,  or  investigating  a  potential  or  actual
    petition brought under the  Sexually  Persons  Commitment
    Act  relating  to a person who is the subject of juvenile
    court records or the respondent  to  a  petition  brought
    under the Sexually Violent Persons Commitment Act, who is
    the  subject  of  juvenile  court  records  sought.   Any
    records  and  any information obtained from those records
    under this paragraph (11) may be used  only  in  sexually
    violent persons commitment proceedings.
    (B)  A  minor  who is the victim in a juvenile proceeding
shall  be  provided  the   same   confidentiality   regarding
disclosure  of  identity  as  the minor who is the subject of
record.
    (C)  Except as otherwise provided in this subsection (C),
juvenile court records shall not be  made  available  to  the
general  public  but  may  be inspected by representatives of
agencies, associations  and  news  media  or  other  properly
interested  persons by general or special order of the court.
The State's Attorney, the minor, his  parents,  guardian  and
counsel  shall  at  all times have the right to examine court
files and records.
         (1)  The court shall allow  the  general  public  to
    have  access to the name, address, and offense of a minor
    who is adjudicated a  delinquent  minor  under  this  Act
    under either of the following circumstances:
              (A)  The  adjudication of delinquency was based
         upon the minor's commission of first degree  murder,
         attempt  to  commit  first degree murder, aggravated
         criminal sexual assault, or criminal sexual assault;
         or
              (B)  The court has  made  a  finding  that  the
         minor  was  at least 13 years of age at the time the
         act  was   committed   and   the   adjudication   of
         delinquency  was  based  upon the minor's commission
         of: (i) an act in furtherance of the commission of a
         felony as a member of or on  behalf  of  a  criminal
         street  gang,  (ii)  an  act  involving the use of a
         firearm in the commission of a felony, (iii) an  act
         that  would be a Class X felony offense under or the
         minor's second or  subsequent  Class  2  or  greater
         felony  offense  under  the  Cannabis Control Act if
         committed by an adult, (iv) an act that would  be  a
         second  or  subsequent  offense under Section 402 of
         the Illinois Controlled Substances Act if  committed
         by  an adult, or (v) an act that would be an offense
         under  Section  401  of  the   Illinois   Controlled
         Substances Act if committed by an adult.
         (2)  The  court  shall  allow  the general public to
    have access to the name, address, and offense of a  minor
    who  is  at least 13 years of age at the time the offense
    is  committed  and  who   is   convicted,   in   criminal
    proceedings  permitted  or  required  under  Section 5-4,
    under either of the following circumstances:
              (A)  The minor  has  been  convicted  of  first
         degree   murder,  attempt  to  commit  first  degree
         murder,  aggravated  criminal  sexual  assault,   or
         criminal sexual assault,
              (B)  The  court  has  made  a  finding that the
         minor was at least 13 years of age at the  time  the
         offense  was  committed and the conviction was based
         upon the minor's commission of: (i)  an  offense  in
         furtherance  of  the  commission  of  a  felony as a
         member of or on behalf of a  criminal  street  gang,
         (ii)  an  offense  involving the use of a firearm in
         the commission of a felony, (iii) a Class  X  felony
         offense  under  or a second or subsequent Class 2 or
         greater felony offense under  the  Cannabis  Control
         Act,  (iv)  a  second  or  subsequent  offense under
         Section 402 of the  Illinois  Controlled  Substances
         Act,  or  (v)  an  offense  under Section 401 of the
         Illinois Controlled Substances Act.
    (D)  Pending or following any adjudication of delinquency
for any offense defined in Sections 12-13  through  12-16  of
the  Criminal  Code  of  1961, the victim of any such offense
shall receive the rights set out in Sections 4 and 6  of  the
Bill  of  Rights  for  Victims and Witnesses of Violent Crime
Act; and the juvenile who is the subject of the adjudication,
notwithstanding any other provision of  this  Act,  shall  be
treated  as an adult for the purpose of affording such rights
to the victim.
    (E)  Nothing in this Section shall affect the right of  a
Civil  Service  Commission  or  appointing  authority  of any
state, county or municipality  examining  the  character  and
fitness of an applicant for employment with a law enforcement
agency,  correctional  institution,  or  fire  department  to
ascertain whether that applicant was ever adjudicated to be a
delinquent  minor  and,  if  so,  to  examine  the records of
disposition or evidence which were made in proceedings  under
this Act.
    (F)  Following  any  adjudication  of  delinquency  for a
crime which would be a felony if committed by  an  adult,  or
following  any adjudication of delinquency for a violation of
Section 24-1, 24-3, 24-3.1, or 24-5 of the Criminal  Code  of
1961,  the State's Attorney shall ascertain whether the minor
respondent is enrolled in school and, if so, shall provide  a
copy  of  the  dispositional  order to the principal or chief
administrative  officer  of  the  school.   Access  to   such
juvenile  records  shall be limited to the principal or chief
administrative  officer  of  the  school  and  any   guidance
counselor designated by him.
    (G)  Nothing  contained  in this Act prevents the sharing
or  disclosure  of  information  or   records   relating   or
pertaining  to  juveniles  subject  to  the provisions of the
Serious Habitual Offender Comprehensive Action  Program  when
that   information   is   used   to   assist   in  the  early
identification and treatment of habitual juvenile offenders.
    (H)  When a Court hearing a proceeding under  Article  II
of  this  Act  becomes aware that an earlier proceeding under
Article II had been heard in a different county,  that  Court
shall request, and the Court in which the earlier proceedings
were  initiated  shall transmit, an authenticated copy of the
Court record, including all documents, petitions, and  orders
filed   therein   and   the   minute  orders,  transcript  of
proceedings, and docket entries of the Court.
    (I)  The Clerk of the Circuit Court shall report  to  the
Department  of  State Police, in the form and manner required
by the Department of State Police, the final  disposition  of
each minor who has been arrested or taken into custody before
his  or  her  17th birthday for those offenses required to be
reported under Section 5 of the Criminal Identification  Act.
Information reported to the Department under this Section may
be  maintained  with  records that the Department files under
Section 2.1 of the Criminal Identification Act.
(Source: P.A. 90-28, eff. 1-1-98; 90-87, eff. 9-1-97; 90-127,
eff. 1-1-98; 90-655,  eff.  7-30-98;  91-357,  eff.  7-29-99;
91-368, eff. 1-1-00.)

    Section   10.   The  Criminal  Code of 1961 is amended by
changing Section 11-9.2 as follows:

    (720 ILCS 5/11-9.2)
    Sec. 11-9.2.  Custodial sexual misconduct.
    (a)  A person commits the  offense  of  custodial  sexual
misconduct  when:  (1)  he  or  she is an employee of a penal
system and engages in sexual conduct  or  sexual  penetration
with  a  person who is in the custody of that penal system or
(2) he or she is an employee of  a  treatment  and  detention
facility  and engages in sexual conduct or sexual penetration
with a person who is in the custody  of  that  treatment  and
detention facility.
    (b)  A  probation  or supervising officer or surveillance
agent commits the offense of custodial sexual misconduct when
the probation or supervising officer  or  surveillance  agent
engages  in  sexual  conduct  or  sexual  penetration  with a
probationer, parolee, or releasee or person serving a term of
conditional   release   who   is   under   the   supervisory,
disciplinary, or custodial authority of the officer or  agent
so engaging in the sexual conduct or sexual penetration.
    (c)  Custodial sexual misconduct is a Class 3 felony.
    (d)  Any  person  convicted  of  violating  this  Section
immediately  shall forfeit his or her employment with a penal
system, treatment  and  detention  facility,  or  conditional
release program.
    (e)  For  purposes  of  this  Section, the consent of the
probationer, parolee, releasee, or inmate in custody  of  the
penal  system  or  person detained or civilly committed under
the Sexually Violent Persons Commitment Act shall  not  be  a
defense  to  a  prosecution  under this Section.  A person is
deemed incapable of consent, for purposes  of  this  Section,
when he or she is a probationer, parolee, releasee, or inmate
in  custody  of  a penal system or person detained or civilly
committed under the Sexually Violent Persons Commitment Act.
    (f)  This Section does not apply to:
         (1)  Any   employee,   probation,   or   supervising
    officer, or surveillance agent who is lawfully married to
    a person in custody if the marriage occurred  before  the
    date of custody.
         (2)  Any   employee,   probation,   or   supervising
    officer,  or surveillance agent who has no knowledge, and
    would have no reason to believe,  that  the  person  with
    whom he or she engaged in custodial sexual misconduct was
    a person in custody.
    (g)  In this Section:
         (1)  "Custody" means:
              (i)  pretrial incarceration or detention;
              (ii)  incarceration   or   detention   under  a
         sentence or commitment to a  State  or  local  penal
         institution;
              (iii)  parole or mandatory supervised release;
              (iv)  electronic home detention;
              (v)  probation;
              (vi)  detention  or  civil commitment either in
         secure care or in the community under  the  Sexually
         Violent Persons Commitment Act.
         (2)  "Penal  system" means any system which includes
    institutions as defined in Section 2-14 of this Code or a
    county shelter care or detention home  established  under
    Section  1  of the County Shelter Care and Detention Home
    Act.
         (2.1)  "Treatment and detention facility" means  any
    Department of Human Services facility established for the
    detention  or  civil  commitment  of  persons  under  the
    Sexually Violent Persons Commitment Act.
         (2.2)  "Conditional  release"  means  a  program  of
    treatment  and services, vocational services, and alcohol
    or other drug abuse  treatment  provided  to  any  person
    civilly  committed  and  conditionally  released  to  the
    community  under  the Sexually Violent Persons Commitment
    Act;
         (3)  "Employee" means:
              (i)  an employee of any governmental agency  of
         this  State  or  any county or municipal corporation
         that has by statute, ordinance, or court  order  the
         responsibility for the care, control, or supervision
         of  pretrial  or sentenced persons in a penal system
         or persons detained or civilly committed  under  the
         Sexually Violent Persons Commitment Act;
              (ii)  a  contractual employee of a penal system
         as defined in paragraph (g)(2) of this  Section  who
         works  in  a penal institution as defined in Section
         2-14 of this Code;
              (iii)   a contractual employee of a  "treatment
         and  detention  facility"  as  defined  in paragraph
         (g)(2.1) of this Code or a contractual  employee  of
         the   Department  of  Human  Services  who  provides
         supervision of persons serving a term of conditional
         release as defined in  paragraph  (g)(2.2)  of  this
         Code.
         (4)  "Sexual  conduct" or "sexual penetration" means
    any act  of  sexual  conduct  or  sexual  penetration  as
    defined in Section 12-12 of this Code.
         (5)  "Probation  officer"  means any person employed
    in a probation or court services department as defined in
    Section 9b of the Probation and Probation Officers Act.
         (6)  "Supervising officer" means any person employed
    to  supervise  persons  placed  on  parole  or  mandatory
    supervised release with the duties described  in  Section
    3-14-2 of the Unified Code of Corrections.
         (7)  "Surveillance  agent" means any person employed
    or contracted to supervise persons placed on  conditional
    release  in  the  community  under  the  Sexually Violent
    Persons Commitment Act.
(Source: P.A. 90-66, eff. 7-7-97; 90-655, eff. 7-30-98.)
    Section  15.  The Sexually Violent Persons Commitment Act
is amended by changing Sections 30, 35, 40,  60,  and  65  as
follows:

    (725 ILCS 207/30)
    Sec. 30.  Detention; probable cause hearing; transfer for
examination.
    (a)  Upon  the  filing  of a petition under Section 15 of
this Act, the court shall review the  petition  to  determine
whether  to issue an order for detention of the person who is
the subject of the petition.  The person  shall  be  detained
only if there is cause to believe that the person is eligible
for  commitment  under  subsection  (f) of Section 35 of this
Act.  A person detained under this Section shall be held in a
facility approved  by  the  Department.   If  the  person  is
serving  a  sentence  of  imprisonment, is in a Department of
Corrections correctional facility  or  juvenile  correctional
facility or is committed to institutional care, and the court
orders  detention  under  this Section, the court shall order
that the  person  be  transferred  to  a  detention  facility
approved  by  the  Department.   A detention order under this
Section remains in effect  until  the  person  is  discharged
after  a  trial  under  Section  35  of this Act or until the
effective date of a commitment order under Section 40 of this
Act, whichever is applicable.
    (b)  Whenever a petition is filed  under  Section  15  of
this Act, the court shall hold a hearing to determine whether
there  is  probable cause to believe that the person named in
the petition is a sexually violent  person.   If  the  person
named in the petition is in custody, the court shall hold the
probable  cause hearing within 72 hours after the petition is
filed, excluding Saturdays, Sundays and legal holidays.   The
court  may  grant a continuance of the probable cause hearing
for no more than 7 additional days upon  the  motion  of  the
respondent,  for  good  cause.   If  the  person named in the
petition has been released, is on  parole,  is  on  mandatory
supervised release, or otherwise is not in custody, the court
shall  hold  the  probable  cause hearing within a reasonable
time after the filing of the petition. At the probable  cause
hearing,  the  court  shall  admit  and consider all relevant
hearsay evidence.
    (c)  If the court determines after a hearing  that  there
is  probable  cause  to  believe that the person named in the
petition is a sexually violent person, the court shall  order
that  the person be taken into custody if he or she is not in
custody and shall order the person to be transferred within a
reasonable time to an appropriate facility for an  evaluation
as to whether the person is a sexually violent person. If the
person  who  is  named  in  the petition refuses to speak to,
communicate with, or otherwise fails to  cooperate  with  the
examining  evaluator from the Department of Human Services or
the Department of Corrections, that person may only introduce
evidence and testimony from any expert or professional person
who is retained or court-appointed to conduct an  examination
of  the  person that results from a review of the records and
may not introduce evidence resulting from an  examination  of
the  person.   If the person named in the petition refuses to
speak to, communicate with, or otherwise fails  to  cooperate
with  the expert from the Department of Human Services who is
conducting the evaluation, the  person  shall  be  prohibited
from  introducing  testimony  or  evidence from any expert or
professional person who is retained  or  court  appointed  to
conduct  an  evaluation  of  the person.  Notwithstanding the
provisions  of  Section  10  of   the   Mental   Health   and
Developmental    Disabilities    Confidentiality   Act,   all
evaluations conducted pursuant to this Act and  all  Illinois
Department   of   Corrections   treatment  records  shall  be
admissible at all proceedings  held  pursuant  to  this  Act,
including the probable cause hearing and the trial.
    If  the  court  determines  that  probable cause does not
exist to believe  that  the  person  is  a  sexually  violent
person, the court shall dismiss the petition.
    (d)  The  Department  shall promulgate rules that provide
the qualifications for persons conducting  evaluations  under
subsection (c) of this Section.
    (e)  If  the  person  named  in  the  petition  claims or
appears to  be  indigent,  the  court  shall,  prior  to  the
probable  cause hearing under subsection (b) of this Section,
appoint counsel.
(Source: P.A. 90-40, eff. 1-1-98; 90-793, eff. 8-14-98.)

    (725 ILCS 207/35)
    Sec. 35.  Trial.
    (a)  A trial to determine whether the person who  is  the
subject  of  a  petition  under  Section  15 of this Act is a
sexually violent person shall commence no later than  120  45
days  after  the  date  of  the  probable cause hearing under
Section 30 of this Act. Delay is considered to be  agreed  to
by the person unless he or she objects to the delay by making
a written demand for trial or an oral demand for trial on the
record.   Delay occasioned by the person temporarily suspends
for the time of the delay the period within  which  a  person
must  be  tried. If the delay occurs within 21 days after the
end of the period within which a person must  be  tried,  the
court  may continue the cause on application of the State for
not more  than  an  additional  21  days  beyond  the  period
prescribed.  The  court  may grant a continuance of the trial
date for good cause upon its own motion, the  motion  of  any
party  or  the  stipulation of the parties, provided that any
continuance granted shall be subject to Section 103-5 of  the
Code of Criminal Procedure of 1963.
    (b)  At  the trial to determine whether the person who is
the subject of a petition under Section 15 of this Act  is  a
sexually  violent  person,  all rules of evidence in criminal
actions apply.  All  constitutional  rights  available  to  a
defendant  in  a  criminal  proceeding  are  available to the
person.  At the trial on the petition it shall  be  competent
to  introduce evidence of the commission by the respondent of
any number of crimes together with whatever  punishments,  if
any,  were  imposed.    The  petitioner  may  present  expert
testimony  from  both  the Illinois Department of Corrections
evaluator and the Department of Human Services psychologist.
    (c)  The person who is the subject of the  petition,  the
person's  attorney,  the  Attorney  General  or  the  State's
Attorney  may request that a trial under this Section be by a
jury.  A request for a jury trial under this subsection shall
be made within 10 days after the probable cause hearing under
Section 30 of this Act.  If no request  is  made,  the  trial
shall  be by the court.  The person, the person's attorney or
the  Attorney  General  or  State's  Attorney,  whichever  is
applicable, may withdraw his or her request for a jury trial.
    (d) (1)  At a trial on a petition  under  this  Act,  the
    petitioner  has  the burden of proving the allegations in
    the petition beyond a reasonable doubt.
         (2)  If the State alleges that the sexually  violent
    offense  or act that forms the basis for the petition was
    an  act  that  was  sexually  motivated  as  provided  in
    paragraph (e)(2) of Section 5 of this Act, the  State  is
    required  to  prove  beyond  a  reasonable doubt that the
    alleged sexually violent act was sexually motivated.
    (e)  Evidence that the person who is  the  subject  of  a
petition  under  Section  15 of this Act was convicted for or
committed sexually violent  offenses  before  committing  the
offense  or  act  on  which  the  petition  is  based  is not
sufficient to establish beyond a reasonable  doubt  that  the
person has a mental disorder.
    (f)  If  the court or jury determines that the person who
is the subject of a petition under Section 15 is  a  sexually
violent  person,  the  court  shall  enter a judgment on that
finding and shall commit the person as provided under Section
40 of this Act.  If the court or jury is not satisfied beyond
a reasonable doubt that the  person  is  a  sexually  violent
person,  the court shall dismiss the petition and direct that
the person be released unless he or she is under  some  other
lawful restriction.
    (g)  A  judgment  entered  under  subsection  (f) of this
Section on the finding that the person who is the subject  of
a  petition  under Section 15 is a sexually violent person is
interlocutory to a commitment order under Section 40  and  is
reviewable on appeal.
(Source: P.A. 90-40, eff. 1-1-98; 91-875, eff. 6-30-00.)

    (725 ILCS 207/40)
    Sec. 40.  Commitment.
    (a)  If a court or jury determines that the person who is
the  subject  of a petition under Section 15 of this Act is a
sexually violent person, the court shall order the person  to
be  committed  to  the custody of the Department for control,
care and treatment until such time as the person is no longer
a sexually violent person.
    (b) (1)  The court  shall  enter  an  initial  commitment
    order  under  this  Section pursuant to a hearing held as
    soon as practicable after the judgment  is  entered  that
    the person who is the subject of a petition under Section
    15  is  a  sexually  violent  person.  If the court lacks
    sufficient information to make the determination required
    by paragraph (b)(2) of  this  Section  immediately  after
    trial,   it   may  adjourn  the  hearing  and  order  the
    Department to conduct a predisposition investigation or a
    supplementary mental examination, or both, to assist  the
    court  in framing the commitment order.   A supplementary
    mental examination under this Section shall be  conducted
    in accordance with Section 3-804 of the Mental Health and
    Developmental Disabilities Code.
         (2)  An  order  for  commitment  under  this Section
    shall specify  either  institutional  care  in  a  secure
    facility,  as  provided  under Section 50 of this Act, or
    conditional release.  In determining  whether  commitment
    shall  be for institutional care in a secure  facility or
    for conditional release, the court  shall  must  consider
    the nature and circumstances of the behavior that was the
    basis  of  the allegation in the petition under paragraph
    (b)(1) of Section 15, the  person's  mental  history  and
    present mental condition, where the person will live, how
    the  person  will  support  himself  or herself, and what
    arrangements are available to ensure that the person  has
    access  to  and  will participate in necessary treatment.
    The  Department  shall  arrange  for  control,  care  and
    treatment of the person in the least  restrictive  manner
    consistent  with  the  requirements  of the person and in
    accordance with the court's commitment order.
         (3)  If  the  court  finds  that   the   person   is
    appropriate  for  conditional  release,  the  court shall
    notify the Department.  The Department  shall  prepare  a
    plan  that identifies the treatment and services, if any,
    that the person will receive in the community.   The plan
    shall address the person's need, if any, for supervision,
    counseling,  medication,  community   support   services,
    residential services, vocational services, and alcohol or
    other  drug abuse treatment.  The Department may contract
    with a county  health  department,  with  another  public
    agency  or with a private agency to provide the treatment
    and services identified in  the  plan.   The  plan  shall
    specify   who  will  be  responsible  for  providing  the
    treatment and services identified in the plan.  The  plan
    shall  be  presented to the court for its approval within
    60 days after  the  court  finding  that  the  person  is
    appropriate   for   conditional   release,   unless   the
    Department   and   the  person  to  be  released  request
    additional time to  develop  the  plan.  The  conditional
    release  program  operated  under  this  Section  is  not
    subject  to  the  provisions  of  the  Mental  Health and
    Developmental Disabilities Confidentiality Act.
         (4)  An order for  conditional  release  places  the
    person  in  the custody and control of the Department.  A
    person  on  conditional  release  is   subject   to   the
    conditions  set  by  the  court  and  to the rules of the
    Department.  Before a person  is  placed  on  conditional
    release  by the court under this Section, the court shall
    so notify the  municipal  police  department  and  county
    sheriff  for  the  municipality  and  county in which the
    person will be residing.   The  notification  requirement
    under  this  Section does not apply if a municipal police
    department or county  sheriff  submits  to  the  court  a
    written  statement  waiving the right to be notified.  If
    the  Department  alleges  that  a  released  person   has
    violated  any  condition  or  rule, or that the safety of
    others requires that conditional release be  revoked,  he
    or  she  may be taken into custody under the rules of the
    Department.
         At  any  time  during  which  the   person   is   on
    conditional  release,  if  the Department determines that
    the person has violated any condition or  rule,  or  that
    the safety of others requires that conditional release be
    revoked,  the Department may request the Attorney General
    or State's Attorney to request  the  court  to  issue  an
    emergency  ex  parte  order directing any law enforcement
    officer to take the person into custody and transport the
    person to the county jail.  The Department  may  request,
    or  the  Attorney General or State's Attorney may request
    independently of  the  Department,  that  a  petition  to
    revoke  conditional release be filed.  When a petition is
    filed, the court may order  the  Department  to  issue  a
    notice  to  the person to be present at the Department or
    other agency designated by the court, order a summons  to
    the  person to be present, or order a body attachment for
    all law enforcement officers  to  take  the  person  into
    custody  and  transport  him  or  her to the county jail,
    hospital, or treatment  facility.  The  Department  shall
    submit   a   statement  showing  probable  cause  of  the
    detention  and  a  petition  to  revoke  the  order   for
    conditional  release  to  the  committing court within 48
    hours after the detention.   The  court  shall  hear  the
    petition  within  30  days,  unless  the  hearing or time
    deadline is waived by the detained person.   Pending  the
    revocation  hearing, the Department may detain the person
    in a jail, in a  hospital  or  treatment  facility.   The
    State  has  the burden of proving by clear and convincing
    evidence that any rule or condition of release  has  been
    violated,  or that the safety of others requires that the
    conditional release be revoked.  If the court  determines
    after  hearing  that any rule or condition of release has
    been violated, or that the safety of others requires that
    conditional release be revoked, it may revoke  the  order
    for  conditional  release  and  order  that  the released
    person be placed in an appropriate institution until  the
    person is discharged from the commitment under Section 65
    of  this Act or until again placed on conditional release
    under Section 60 of this Act.
         (5)  An order for  conditional  release  places  the
    person   in   the  custody,  care,  and  control  of  the
    Department.  The court shall order the person be  subject
    to   the  following  rules  of  conditional  release,  in
    addition to any other conditions ordered, and the  person
    shall be given a certificate setting forth the conditions
    of  conditional  release.  These conditions shall be that
    the person:
              (A)  not violate any criminal  statute  of  any
         jurisdiction;
              (B)  report  to or appear in person before such
         person or agency as directed by the  court  and  the
         Department;
              (C)  refrain  from  possession  of a firearm or
         other dangerous weapon;
              (D)  not leave the State without the consent of
         the court or, in circumstances in which  the  reason
         for the absence is of such an emergency nature, that
         prior  consent  by the court is not possible without
         the  prior  notification   and   approval   of   the
         Department;
              (E)  at the direction of the Department, notify
         third parties of the risks that may be occasioned by
         his  or  her  criminal  record  or  sexual offending
         history   or   characteristics,   and   permit   the
         supervising   officer   or   agent   to   make   the
         notification requirement;
              (F)  attend   and    fully    participate    in
         assessment,   treatment,   and  behavior  monitoring
         including,   but   not    limited    to,    medical,
         psychological  or  psychiatric treatment specific to
         sexual offending, drug addiction, or alcoholism,  to
         the  extent appropriate to the person based upon the
         recommendation and findings made in  the  Department
         evaluation    or    based    upon   any   subsequent
         recommendations by the Department;
              (G)  waive confidentiality allowing  the  court
         and  Department  access  to  assessment or treatment
         results or both;
              (H)  work regularly at  a  Department  approved
         occupation or pursue a course of study or vocational
         training  and  notify the Department within 72 hours
         of any change in employment, study, or training;
              (I)  not be  employed  or  participate  in  any
         volunteer   activity   that  involves  contact  with
         children, except  under  circumstances  approved  in
         advance and in writing by the Department officer;
              (J)  submit to the search of his or her person,
         residence, vehicle, or any personal or real property
         under  his  or  her  control  at  any  time  by  the
         Department;
              (K)  financially  support his or her dependents
         and provide the Department access to  any  requested
         financial information;
              (L)  serve  a  term  of  home  confinement, the
         conditions of which shall be that the person:
                   (i)  remain within the  interior  premises
              of   the   place  designated  for  his  or  her
              confinement during the hours designated by  the
              Department;
                   (ii)  admit any person or agent designated
              by  the Department into the offender's place of
              confinement  at  any  time  for   purposes   of
              verifying  the  person's  compliance  with  the
              condition of his or her confinement;
                   (iii)  if    deemed   necessary   by   the
              Department,  be   placed   on   an   electronic
              monitoring device;
              (M)  comply with the terms and conditions of an
         order  of protection issued by the court pursuant to
         the Illinois Domestic Violence Act of 1986.  A  copy
         of  the  order of protection shall be transmitted to
         the Department by the clerk of the court;
              (N)  refrain from entering  into  a  designated
         geographic  area  except  upon  terms the Department
         finds   appropriate.    The   terms   may    include
         consideration  of the purpose of the entry, the time
         of day, others accompanying the person, and  advance
         approval by the Department;
              (O)  refrain from having any contact, including
         written   or   oral   communications,   directly  or
         indirectly,   with   certain    specified    persons
         including,  but  not  limited  to, the victim or the
         victim's family, and report any  incidental  contact
         with  the  victim  or  the  victim's  family  to the
         Department within 72 hours;  refrain  from  entering
         onto  the  premises of, traveling past, or loitering
         near the victim's residence, place of employment, or
         other places frequented by the victim;
              (P)  refrain from having any contact, including
         written  or   oral   communications,   directly   or
         indirectly,   with   particular  types  of  persons,
         including but  not  limited  to  members  of  street
         gangs, drug users, drug dealers, or prostitutes;
              (Q)  refrain   from   all  contact,  direct  or
         indirect,  personally,  by  telephone,  letter,   or
         through  another person, with minor children without
         prior identification and approval of the Department;
              (R)  refrain from having in his or her body the
         presence of alcohol or any illicit  drug  prohibited
         by   the   Cannabis  Control  Act  or  the  Illinois
         Controlled Substances Act, unless  prescribed  by  a
         physician,  and submit samples of his or her breath,
         saliva, blood, or urine for tests to  determine  the
         presence of alcohol or any illicit drug;
              (S)  not   establish  a  dating,  intimate,  or
         sexual relationship  with  a  person  without  prior
         written notification to the Department;
              (T)  neither  possess  or have under his or her
         control any material that is pornographic,  sexually
         oriented,  or  sexually stimulating, or that depicts
         or alludes to  sexual  activity  or  depicts  minors
         under  the  age  of 18, including but not limited to
         visual, auditory, telephonic, electronic  media,  or
         any  matter  obtained through access to any computer
         or material linked to computer access use;
              (U)  not  patronize  any   business   providing
         sexually    stimulating    or    sexually   oriented
         entertainment nor utilize "900" or  adult  telephone
         numbers or any other sex-related telephone numbers;
              (V)  not  reside near, visit, or be in or about
         parks, schools, day care  centers,  swimming  pools,
         beaches,  theaters,  or any other places where minor
         children congregate without advance approval of  the
         Department  and  report  any incidental contact with
         minor children to the Department within 72 hours;
              (W)  not establish any  living  arrangement  or
         residence without prior approval of the Department;
              (X)  not  publish  any  materials  or print any
         advertisements  without  providing  a  copy  of  the
         proposed publications to the Department officer  and
         obtaining permission prior to publication;
              (Y)  not  leave  the  county  except with prior
         permission  of  the  Department  and   provide   the
         Department  officer  or  agent  with  written travel
         routes to and from work  and  any  other  designated
         destinations;
              (Z)  not  possess  or  have  under  his  or her
         control  certain  specified  items   of   contraband
         related to the incidence of sexually offending items
         including  video or still camera items or children's
         toys;
              (AA)  provide a written daily log of activities
         as directed by the Department;
              (BB)  comply with all other special  conditions
         that  the  Department  may  impose that restrict the
         person from high-risk situations and limit access or
         potential victims.
         (6)  A person placed on conditional release and  who
    during  the  term  undergoes  mandatory  drug  or alcohol
    testing or is  assigned  to  be  placed  on  an  approved
    electronic  monitoring  device  may be ordered to pay all
    costs incidental to the mandatory drug or alcohol testing
    and all  costs  incidental  to  the  approved  electronic
    monitoring in accordance with the person's ability to pay
    those  costs.   The  Department  may establish reasonable
    fees for the cost of maintenance, testing, and incidental
    expenses related to the mandatory drug or alcohol testing
    and  all  costs   incidental   to   approved   electronic
    monitoring.
(Source: P.A. 90-40, eff. 1-1-98; 91-875, eff. 6-30-00.)

    (725 ILCS 207/60)
    Sec. 60.  Petition for conditional release.
    (a)  Any  person  who is committed for institutional care
in a secure facility or other facility under  Section  40  of
this  Act  may  petition  the  committing court to modify its
order by authorizing conditional release if at least 6 months
have elapsed since the initial commitment order was  entered,
the  most  recent  release  petition  was  denied or the most
recent  order  for  conditional  release  was  revoked.   The
director of the facility at which the person  is  placed  may
file  a petition under this Section on the person's behalf at
any time.
    (b)  If  the  person  files  a  timely  petition  without
counsel, the court shall serve a copy of the petition on  the
Attorney General or State's Attorney, whichever is applicable
and,  subject  to paragraph (c)(1) of Section 25 of this Act,
appoint counsel.  If the person  petitions  through  counsel,
his  or  her  attorney  shall  serve  the Attorney General or
State's Attorney, whichever is applicable.
    (c)  Within 20 days after receipt of  the  petition,  the
court   shall  appoint  one  or  more  examiners  having  the
specialized  knowledge  determined  by  the   court   to   be
appropriate,  who  shall  examine the mental condition of the
person and furnish a written report of the examination to the
court within 30 days after appointment.  The examiners  shall
have   reasonable  access  to  the  person  for  purposes  of
examination and to the person's past  and  present  treatment
records  and  patient  health  care  records.   If  any  such
examiner   believes   that  the  person  is  appropriate  for
conditional release, the examiner shall report on the type of
treatment and services that the person may need while in  the
community on conditional release.  The State has the right to
have  the  person  evaluated  by experts chosen by the State.
The court shall set a  probable  cause  hearing  as  soon  as
practical after the examiner's report is filed.  If the court
determines at the probable cause hearing that cause exists to
believe that it is not substantially probable that the person
will  engage  in  acts  of  sexual  violence if on release or
conditional release, the court shall set  a  hearing  on  the
issue.
    (d)  The  court,  without a jury, shall hear the petition
within 30  days  after  the  report  of  the  court-appointed
examiner  is  filed  with  the  court,  unless the petitioner
waives this time limit.  The court shall grant  the  petition
unless the State proves by clear and convincing evidence that
the   person   has   not   made  sufficient  progress  to  be
conditionally released that the person is  still  a  sexually
violent  person  and  that it is still substantially probable
that the person will engage in acts of sexual violence if the
person is not confined in a secure  facility.   In  making  a
decision  under  this subsection, the court must may consider
the nature and circumstances of the  behavior  that  was  the
basis  of  the  allegation  in  the  petition under paragraph
(b)(1) of Section 15 of this Act, the person's mental history
and present mental condition, where the person will live, how
the  person  will  support  himself  or  herself   and   what
arrangements  are  available  to  ensure  that the person has
access to and will participate in necessary treatment.
    (e)  Before  the  court  may  enter  an  order  directing
conditional release to a less restrictive alternative it must
find the following: (1) the  person  will  be  treated  by  a
Department  approved  treatment  provider,  (2) the treatment
provider has presented a specific course of treatment and has
agreed to assume responsibility for the  treatment  and  will
report  progress  to  the  Department on a regular basis, and
will  report  violations  immediately  to   the   Department,
consistent  with  treatment  and  supervision  needs  of  the
respondent, (3) housing exists that is sufficiently secure to
protect  the  community,  and  the person or agency providing
housing to the conditionally released person  has  agreed  in
writing  to  accept  the  person,  to  provide  the  level of
security required by the court, and immediately to report  to
the  Department  if the person leaves the housing to which he
or she has  been  assigned  without  authorization,  (4)  the
person  is  willing  to  or  has  agreed  to  comply with the
treatment provider, the Department, and the  court,  and  (5)
the  person  has agreed or is willing to agree to comply with
the behavioral monitoring requirements imposed by  the  court
and the Department.
    (f)  If  the  court  finds that the person is appropriate
for  conditional  release,  the  court   shall   notify   the
Department.    The  Department  shall  prepare  a  plan  that
identifies the treatment  and  services,  if  any,  that  the
person will receive in the community.  The plan shall address
the  person's  need,  if  any,  for  supervision, counseling,
medication, community support services, residential services,
vocational  services,  and  alcohol  or  other   drug   abuse
treatment.   The Department may contract with a county health
department, with another public  agency  or  with  a  private
agency  to  provide  the treatment and services identified in
the plan.  The plan shall specify who will be responsible for
providing the treatment and services identified in the  plan.
The  plan  shall  be  presented to the court for its approval
within 60 days after the court finding  that  the  person  is
appropriate  for  conditional  release, unless the Department
and the person to be  released  request  additional  time  to
develop the plan.
    (g)  The  provisions of paragraph (b)(4) of Section 40 of
this Act apply to an order  for  conditional  release  issued
under this Section.
(Source: P.A. 90-40, eff. 1-1-98; 91-875, eff. 6-30-00.)

    (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 State
has  the  burden  of proving by clear and convincing evidence
that the petitioner is still a sexually violent person.
    (3)  If the court or jury 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 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 or jury 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  or  jury  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; 91-227, eff. 1-1-00.)

    Section   20.  The Unified Code of Corrections is amended
by changing Section 5-3-4 as follows:

    (730 ILCS 5/5-3-4) (from Ch. 38, par. 1005-3-4)
    Sec. 5-3-4. Disclosure of Reports.
    (a)  Any report made pursuant to this Article or  Section
5-705  of  the  Juvenile  Court Act of 1987 shall be filed of
record with the court in a sealed envelope.
    (b)  Presentence reports shall  be  open  for  inspection
only as follows:
         (1)  to the sentencing court;
         (2)  to  the  state's  attorney  and the defendant's
    attorney at least 3  days  prior  to  the  imposition  of
    sentence, unless such 3 day requirement is waived;
         (3)  to  an  appellate court in which the conviction
    or sentence is subject to review;
         (4)  to any department,  agency  or  institution  to
    which the defendant is committed;
         (5)  to  any  probation  department of whom courtesy
    probation is requested;
         (6)  to any probation department assigned by a court
    of lawful jurisdiction to conduct a presentence report;
         (7)  to any other person  only  as  ordered  by  the
    court; and.
         (8)  to  any mental health professional on behalf of
    the Illinois Department of Corrections or the  Department
    of Human Services or to a prosecutor who is evaluating or
    investigating  a  potential  or  actual  petition brought
    under  the  Sexually  Violent  Persons   Commitment   Act
    relating  to a person who is the subject of a presentence
    report or the respondent to a petition brought under  the
    Sexually  Violent  Persons  Commitment  Act  who  is  the
    subject of the presentence report sought. Any records and
    any  information  obtained  from those records under this
    paragraph (8)  may  be  used  only  in  sexually  violent
    persons commitment proceedings.
    (c)  Presentence  reports  shall  be filed of record with
the court within 30 days of a verdict or  finding  of  guilty
for  any  offense involving an illegal sexual act perpetrated
upon a victim, including but  not  limited  to  offenses  for
violations of Article 12 of the Criminal Code of 1961.
    (d)  A  complaint, information or indictment shall not be
quashed or dismissed nor shall any person in custody  for  an
offense  be  discharged from custody because of noncompliance
with subsection (c) of this Section.
(Source: P.A. 90-590, eff. 1-1-99.)

    Section   25.   The  Mental  Health   and   Developmental
Disabilities  Confidentiality  Act  is  amended  by  changing
Section 9.3 as follows:

    (740 ILCS 110/9.3)
    Sec.  9.3.  Disclosure without consent under the Sexually
Violent  Persons  Commitment  Act.  Disclosure  may  be  made
without consent by any therapist or other treatment  provider
providing   mental   health   or  developmental  disabilities
services pursuant to the provisions of the  Sexually  Violent
Persons Commitment Act or who previously provided any type of
mental  health  or  developmental  disabilities services to a
person who is subject to  an  evaluation,  investigation,  or
prosecution  of a petition under the Sexually Violent Persons
Commitment Act.  Disclosure  may  be  made  to  the  Attorney
General,  the State's Attorney participating in the case, the
Department of Human Services, the court, and any other  party
to  whom  the  court  directs  disclosure  to  be  made.  The
information   disclosed   may   include   any   records    or
communications   in  the  possession  of  the  Department  of
Corrections, if those records or communications  were  relied
upon   by   the  therapist  in  providing  mental  health  or
developmental disabilities services pursuant to the  Sexually
Violent   Persons   Commitment   Act.  Any  records  and  any
information obtained from those records  under  this  Section
may  be  used  only  in  sexually  violent persons commitment
proceedings.
(Source: P.A. 90-793, eff. 8-14-98.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly May 22, 2001.
    Approved August 17, 2001.

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