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Public Act 92-0786
SB2197 Enrolled LRB9213482RCcd
AN ACT in relation to sexually dangerous persons.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Sexually Dangerous Persons Act is
amended by changing Sections 8 and 9 as follows:
(725 ILCS 205/8) (from Ch. 38, par. 105-8)
Sec. 8. If the respondent is found to be a sexually
dangerous person then the court shall appoint the Director of
Corrections guardian of the person found to be sexually
dangerous and such person shall stand committed to the
custody of such guardian. The Director of Corrections as
guardian shall keep safely the person so committed until the
person has recovered and is released as hereinafter provided.
The Director of Corrections as guardian shall provide care
and treatment for the person committed to him designed to
effect recovery. The Director may place that ward in any
facility in the Department of Corrections or portion thereof
set aside for the care and treatment of sexually dangerous
persons. The Department of Corrections may also request
another state Department or Agency to examine such person
patient and upon such request, such Department or Agency
shall make such examination and the Department of Corrections
may, with the consent of the chief executive officer of such
other Department or Agency, thereupon place such person
patient in the care and treatment of such other Department or
Agency.
(Source: P.A. 77-2477.)
(725 ILCS 205/9) (from Ch. 38, par. 105-9)
Sec. 9. An application in writing setting forth facts
showing that such sexually dangerous person or criminal
sexual psychopathic person has recovered may be filed before
the committing court. Upon receipt thereof, the clerk of the
court shall cause a copy of the application to be sent to the
Director of the Department of Corrections. The Director shall
then cause to be prepared and sent to the court a
socio-psychiatric report concerning the applicant. The report
shall be prepared by a social worker and psychologist under
the supervision of a licensed the psychiatrist, sociologist,
psychologist and warden of, or assigned to, the institution
wherein such applicant is confined. The court shall set a
date for the hearing upon such application and shall consider
the report so prepared under the direction of the Director of
the Department of Corrections and any other relevant
information submitted by or on behalf of such applicant. If
the person patient is found to be no longer dangerous, the
court shall order that he be discharged. If the court finds
that the person patient appears no longer to be dangerous but
that it is impossible to determine with certainty under
conditions of institutional care that such person has fully
recovered, the court shall enter an order permitting such
person to go at large subject to such conditions and such
supervision by the Director as in the opinion of the court
will adequately protect the public. In the event the person
violates any of the conditions of such order, the court shall
revoke such conditional release and recommit the person
pursuant to Section 5-6-4 of the Unified Code of Corrections
under the terms of the original commitment. Upon an order of
discharge every outstanding information and indictment, the
basis of which was the reason for the present detention,
shall be quashed.
(Source: P.A. 77-2477.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 29, 2002.
Approved August 06, 2002.
Effective August 06, 2002.
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