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90_HB3697ham001
LRB9010723RCksam02
1 AMENDMENT TO HOUSE BILL 3697
2 AMENDMENT NO. . Amend House Bill 3697 by replacing
3 the title with the following:
4 "AN ACT in relation to sexually violent persons."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Sexually Violent Persons Commitment Act
8 is amended by changing Sections 15 and 30 as follows:
9 (725 ILCS 207/15)
10 Sec. 15. Sexually violent person petition; contents;
11 filing.
12 (a) A petition alleging that a person is a sexually
13 violent person may be filed by one of the following:
14 (1) The Attorney General, at the request of the
15 agency with jurisdiction over the person, as defined in
16 subsection (a) of Section 10 of this Act, or on his or
17 her own motion. If the Attorney General, after
18 consulting with and advising the State's Attorney of the
19 county referenced in paragraph (a)(2) of this Section,
20 decides to file a petition under this Section, he or she
21 shall file the petition before the date of the release or
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1 discharge of the person, unless the person is on
2 probation or mandatory supervised release for an offense
3 enumerated in paragraph (e)(1) of Section 5 of this Act,
4 in which case the petition must be filed within the 90
5 days prior to the termination date of the person's
6 probation or mandatory supervised release.
7 (2) If the Attorney General does not file a
8 petition under this Section, the State's Attorney for one
9 of the following:
10 (A) of The county in which the person was
11 convicted of a sexually violent offense, adjudicated
12 delinquent for a sexually violent offense or found
13 not guilty of or not responsible for a sexually
14 violent offense by reason of insanity, mental
15 disease, or mental defect may file a petition; or
16 (B) The county in which the person will reside
17 or be placed upon his or her release from
18 imprisonment or entry into mandatory supervised
19 release from a Department of Corrections
20 correctional facility or juvenile correctional
21 facility or from a commitment order.
22 (3) The Attorney General and either or both of the
23 State's Attorneys referenced in paragraph (a)(2) of this
24 Section jointly.
25 (b) A petition filed under this Section shall allege
26 that all of the following apply to the person alleged to be a
27 sexually violent person:
28 (1) The person satisfies any of the following
29 criteria:
30 (A) The person has been convicted of a
31 sexually violent offense;
32 (B) The person has been found delinquent for a
33 sexually violent offense; or
34 (C) The person has been found not guilty of a
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1 sexually violent offense by reason of insanity,
2 mental disease, or mental defect.
3 (2) The person is within 90 days of discharge or
4 entry into mandatory supervised release from a Department
5 of Corrections correctional facility for a sentence that
6 was imposed upon a conviction for a sexually violent
7 offense or for a sentence that is being served
8 concurrently or consecutively with a sexually violent
9 offense or is within 90 days of the termination date of
10 the person's probation or mandatory supervised release;
11 or
12 (3) The person is within 90 days of discharge or
13 release from a Department of Corrections juvenile
14 correctional facility, if the person was placed in the
15 facility for being adjudicated delinquent under Section
16 5-20 of the Juvenile Court Act of 1987 on the basis of a
17 sexually violent offense or from a commitment order that
18 was entered as a result of a sexually violent offense.
19 (4) The person has a mental disorder.
20 (5) The person is dangerous to others because the
21 person's mental disorder creates a substantial
22 probability that he or she will engage in acts of sexual
23 violence.
24 (c) A petition filed under this Section shall state with
25 particularity essential facts to establish probable cause to
26 believe the person is a sexually violent person. If the
27 petition alleges that a sexually violent offense or act that
28 is a basis for the allegation under paragraph (b)(1) of this
29 Section was an act that was sexually motivated as provided
30 under paragraph (e)(2) of Section 5 of this Act, the petition
31 shall state the grounds on which the offense or act is
32 alleged to be sexually motivated.
33 (d) A petition under this Section shall be filed in
34 either of the following:
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1 (1) The circuit court for the county in which the
2 person was convicted of a sexually violent offense,
3 adjudicated delinquent for a sexually violent offense or
4 found not guilty of a sexually violent offense by reason
5 of insanity, mental disease or mental defect.
6 (2) The circuit court for the county in which the
7 person is in custody under a sentence, a placement to a
8 Department of Corrections correctional facility or
9 juvenile correctional facility, or a commitment order.
10 (Source: P.A. 90-40, eff. 1-1-98.)
11 (725 ILCS 207/30)
12 Sec. 30. Detention; probable cause hearing; transfer for
13 examination.
14 (a) Upon the filing of a petition under Section 15 of
15 this Act, the court shall review the petition to determine
16 whether to issue an order for detention of the person who is
17 the subject of the petition. The person shall be detained
18 only if there is cause to believe that the person is eligible
19 for commitment under subsection (f) of Section 35 of this
20 Act. A person detained under this Section shall be held in a
21 facility approved by the Department. If the person is
22 serving a sentence of imprisonment, is in a Department of
23 Corrections correctional facility or juvenile correctional
24 facility or is committed to institutional care, and the court
25 orders detention under this Section, the court shall order
26 that the person be transferred to a detention facility
27 approved by the Department. A detention order under this
28 Section remains in effect until the person is discharged
29 after a trial under Section 35 of this Act or until the
30 effective date of a commitment order under Section 40 of this
31 Act, whichever is applicable.
32 (b) Whenever a petition is filed under Section 15 of
33 this Act, the court shall hold a hearing to determine whether
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1 there is probable cause to believe that the person named in
2 the petition is a sexually violent person. If the person
3 named in the petition is in custody, the court shall hold the
4 probable cause hearing within 72 hours after the petition is
5 filed, excluding Saturdays, Sundays and legal holidays. The
6 court may grant a continuance of the probable cause hearing
7 for no more than 7 additional days upon the motion of the
8 respondent, for good cause. If the person named in the
9 petition has been released, is on probation, is on mandatory
10 supervised release, or otherwise is not in custody, the court
11 shall hold the probable cause hearing within a reasonable
12 time after the filing of the petition. At the probable cause
13 hearing, the court shall admit and consider all relevant
14 hearsay evidence.
15 (c) If the court determines after a hearing that there
16 is probable cause to believe that the person named in the
17 petition is a sexually violent person, the court shall order
18 that the person be taken into custody if he or she is not in
19 custody and shall order the person to be transferred within a
20 reasonable time to an appropriate facility for an evaluation
21 as to whether the person is a sexually violent person. If
22 the person named in the petition refuses to speak to,
23 communicate with, or otherwise fails to cooperate with the
24 expert from the Department of Human Services who is
25 conducting the evaluation, the person shall be prohibited
26 from introducing testimony or evidence from any expert or
27 professional person who is retained or court appointed to
28 conduct an evaluation of the person. Notwithstanding the
29 provisions of Section 10 of the Mental Health and
30 Developmental Disabilities Confidentiality Act, all
31 evaluations conducted pursuant to this Act and all Illinois
32 Department of Corrections treatment records shall be
33 admissible at all proceedings held pursuant to this Act,
34 including the probable cause hearing and the trial.
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1 If the court determines that probable cause does not
2 exist to believe that the person is a sexually violent
3 person, the court shall dismiss the petition.
4 (d) The Department shall promulgate rules that provide
5 the qualifications for persons conducting evaluations under
6 subsection (c) of this Section.
7 (e) If the person named in the petition claims or
8 appears to be indigent, the court shall, prior to the
9 probable cause hearing under subsection (b) of this Section,
10 appoint counsel.
11 (Source: P.A. 90-40, eff. 1-1-98.)
12 Section 10. The Mental Health and Developmental
13 Disabilities Confidentiality Act is amended by adding Section
14 9.3 as follows:
15 (740 ILCS 110/9.3 new)
16 Sec. 9.3. Disclosure without consent under the Sexually
17 Violent Persons Commitment Act. Disclosure may be made
18 without consent by any therapist providing mental health or
19 developmental disabilities services pursuant to the
20 provisions of the Sexually Violent Persons Commitment Act.
21 The information disclosed may include any records or
22 communications in the possession of the Department of
23 Corrections, if those records or communications were relied
24 upon by the therapist in providing mental health or
25 developmental disabilities services pursuant to the Sexually
26 Violent Persons Commitment Act.
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.".