093_SB1577eng

 
SB1577 Engrossed                     LRB093 11028 RLC 11705 b

 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15    most  recent  order  for conditional release was revoked.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
 
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 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,  social
 6    worker,  psychologist,  and  warden  of,  or assigned to, the
 7    institution where the applicant is confined.
 8        (d)  Upon receipt of the  socio-psychiatric  report,  the
 9    court shall appoint counsel for the applicant if he or she is
10    not  already  represented.  If  the  applicant has refused to
11    participate in the socio-psychiatric  evaluation,  the  court
12    shall  set  a probable cause hearing as soon as practical and
13    shall conduct the probable cause hearing using the Department
14    of Corrections report and witnesses.  If  the  applicant  has
15    participated  in the socio-psychiatric evaluation, the court,
16    within 30 days after receipt of the socio-psychiatric report,
17    shall appoint an examiner having  the  specialized  knowledge
18    determined  by the court to be appropriate, who shall examine
19    the mental condition of the  person  and  furnish  a  written
20    report  of  the examination to the court within 45 days after
21    appointment. The examiner shall have reasonable access to the
22    person for purposes of examination and to the  person's  past
23    and   present  treatment  records  and  other  Department  of
24    Corrections records. If any such examiner believes  that  the
25    person  is  appropriate for conditional release, the examiner
26    shall report on the type of treatment and services  that  the
27    person  will  need  while  in  the  community  on conditional
28    release. The State has the right to have the person evaluated
29    by experts chosen  by  the  State.  The  court  shall  set  a
30    probable  cause  hearing  as  soon  as  practical  after  the
31    examiner's  report  is  filed. If the court determines at the
32    probable cause hearing that cause exists to believe that  the
33    applicant has recovered and is no longer a sexually dangerous
34    person  or  that while he or she remains a sexually dangerous
 
SB1577 Engrossed            -3-      LRB093 11028 RLC 11705 b
 1    person, he or she can safely be  released  under  appropriate
 2    conditions  and supervision, the court shall set a hearing on
 3    the issue. If the court  does  not  find  probable  cause  to
 4    believe  that  the  applicant has recovered or that he or she
 5    can safely be conditionally released, the  court  shall  deny
 6    the application for recovery.
 7        (e)  The   court,   with   or  without  a  jury,  at  the
 8    applicant's election, shall set for trial those  applications
 9    for  recovery  that have been timely filed in accordance with
10    the provisions of subsection (a) and in which the  court  has
11    determined at the probable cause hearing that cause exists to
12    believe  that  the applicant has recovered and is no longer a
13    sexually dangerous person or that while he or she  remains  a
14    sexually  dangerous  person,  the  applicant  can  safely  be
15    released  under  appropriate  conditions  and supervision, in
16    accordance with the speedy  trial  provisions  under  Section
17    103-5 of the Code of Criminal Procedure of 1963. However, the
18    speedy  trial  provisions  do not commence until the court at
19    the probable cause hearing has determined that  cause  exists
20    to  believe that the applicant has recovered or can safely be
21    conditionally released.
22        (f)  A jury, or the court without a jury if the applicant
23    has waived a jury, shall make one of 3 findings  following  a
24    trial:
25             (1)  If  the  State  proves  by clear and convincing
26        evidence that the person has not recovered and is still a
27        sexually dangerous person, the petition shall be denied.
28             (2)  If the State proves  by  clear  and  convincing
29        evidence that the person has only recovered substantially
30        and  that he can be allowed safely to go at large only if
31        he or she is subject to conditions and supervision,  then
32        the  petition shall be granted subject to such conditions
33        and supervision as are imposed by the court following the
34        finding of substantial recovery.
 
SB1577 Engrossed            -4-      LRB093 11028 RLC 11705 b
 1             (3)  If the  State  fails  to  prove  by  clear  and
 2        convincing evidence that the person has not recovered and
 3        is  still  a  sexually dangerous person and also fails to
 4        prove by clear and convincing evidence  that  the  person
 5        has  only recovered substantially and requires conditions
 6        and supervision, the petition shall be  granted  and  the
 7        person discharged.
 8    In  making a decision under this subsection (f), the court or
 9    jury  may  consider  the  nature  and  circumstances  of  the
10    behavior that was the basis for the original commitment as  a
11    sexually  dangerous  person,  the person's mental history and
12    present mental  condition,  the  person's  participation  and
13    progress  in treatment while in the custody of the Department
14    of  Corrections,  the  results  of  psychological   actuarial
15    instruments  normally  used  with  sex  offenders,  where the
16    person will live, how the  person  will  support  himself  or
17    herself,  the  necessity  of  additional  treatment  and  the
18    availability  of  that  treatment,  the  likelihood  that the
19    person will participate in necessary treatment, and any other
20    relevant evidence.
21        (g)  In the event that a person conditionally released is
22    alleged to have violated any of the conditions of his or  her
23    order of conditional release, the State's Attorney shall file
24    a petition to revoke the conditional release. The court shall
25    issue  a  warrant  and place the sexually dangerous person in
26    the custody of the county sheriff pending a  hearing  on  the
27    petition  to  revoke,  which hearing shall be conducted under
28    Section 5-6-4 of the Unified  Code  of  Corrections.  If  the
29    court  finds  by  a  preponderance  of  the evidence that the
30    person has violated any of the conditions of his or her order
31    of  conditional  release,  the  court   shall   revoke   such
32    conditional release and recommit the person to the Department
33    of Corrections. An application in writing setting forth facts
34    showing  that  such  sexually  dangerous  person  or criminal
 
SB1577 Engrossed            -5-      LRB093 11028 RLC 11705 b
 1    sexual psychopathic person has recovered may be filed  before
 2    the  committing court. Upon receipt thereof, the clerk of the
 3    court shall cause a copy of the application to be sent to the
 4    Director of the Department of Corrections. The Director shall
 5    then  cause  to  be  prepared  and  sent  to  the   court   a
 6    socio-psychiatric report concerning the applicant. The report
 7    shall  be  prepared by a social worker and psychologist under
 8    the supervision of a licensed psychiatrist assigned  to,  the
 9    institution  wherein  such  applicant  is confined. The court
10    shall set a date for the hearing upon  such  application  and
11    shall  consider the report so prepared under the direction of
12    the Director of the Department of Corrections and  any  other
13    relevant  information  submitted  by  or  on  behalf  of such
14    applicant. If the person is found to be no longer  dangerous,
15    the  court  shall  order  that he be discharged. If the court
16    finds that the person appears no longer to be  dangerous  but
17    that  it  is  impossible  to  determine  with certainty under
18    conditions of institutional care that such person  has  fully
19    recovered,  the  court  shall  enter an order permitting such
20    person to go at large subject to  such  conditions  and  such
21    supervision  by  the  Director as in the opinion of the court
22    will adequately protect the public. In the event  the  person
23    violates any of the conditions of such order, the court shall
24    revoke  such  conditional  release  and  recommit  the person
25    pursuant to Section 5-6-4 of the Unified Code of  Corrections
26    under  the terms of the original commitment. Upon an order of
27    discharge every outstanding information and  indictment,  the
28    basis  of  which  was  the  reason for the present detention,
29    shall be quashed.
30    (Source: P.A. 92-786, eff. 8-6-02.)