(725 ILCS 207/60)
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 12 months have elapsed since the
initial commitment order was entered, an order continuing commitment was entered pursuant to Section 65, 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release was revoked.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.
If the evaluator on behalf of the Department recommends that the committed person is appropriate for conditional release, then the director or designee shall, within 30 days of receipt of the evaluator's report, file with the committing court notice of his or her intention whether or not to petition for conditional release on the committed person's behalf.
(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, upon the request of the committed person or on the court's own motion, the court may
appoint an examiner 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
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.
Any examination or evaluation conducted under this Section shall be in
conformance with the standards developed under the Sex Offender
Management Board Act and conducted by an evaluator licensed under the Sex Offender Evaluation and Treatment Provider Act.
court shall set a probable cause hearing as soon as practical after the
examiners' reports are filed. The probable cause hearing shall consist of a review of the examining evaluators' reports and arguments on behalf of the parties. If the court finds probable cause to believe the person has made sufficient progress in treatment to the point where he or she is no longer substantially probable to engage in acts of sexual violence if on conditional release, the court shall set a hearing on the issue.
(d) The court, without a jury, shall hear the petition as soon as practical after the reports of all examiners are filed
with the court. The
court shall grant the petition unless the State proves by clear
and convincing evidence that the person has not made sufficient progress in treatment to the point where he or she is no longer substantially probable to engage in acts of sexual violence if on conditional release. In making a decision under
this subsection, the court 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 of this Act, the person's
mental history and present mental condition, 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
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,
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
(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 paragraphs (b)(4), (b)(5), and (b)(6) of Section 40 of this Act
apply to an
order for conditional release issued under this Section.
(Source: P.A. 97-1075, eff. 8-24-12; 97-1098, eff. 7-1-14 (see Section 5 of P.A. 98-612 for the effective date of P.A. 97-1098); 98-463, eff. 8-16-13