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90_SB0006enr
New Act
Creates the Sexually Violent Persons Commitment Act
(short title only).
LRB9000977RCsb
SB6 Enrolled LRB9000977RCsb
1 AN ACT in relation to sexually violent persons.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Sexually Violent Persons Commitment Act.
6 Section 5. Definitions. As used in this Act, the term:
7 (a) "Department" means the Department of Human Services.
8 (b) "Mental disorder" means a congenital or acquired
9 condition affecting the emotional or volitional capacity that
10 predisposes a person to engage in acts of sexual violence.
11 (c) "Secretary" means the Secretary of Human Services.
12 (d) "Sexually motivated" means that one of the purposes
13 for an act is for the actor's sexual arousal or
14 gratification.
15 (e) "Sexually violent offense" means any of the
16 following:
17 (1) Any crime specified in Section 12-13, 12-14,
18 12-14.1, or 12-16 of the Criminal Code of 1961; or
19 (2) First degree murder, if it is determined by the
20 agency with jurisdiction to have been sexually motivated;
21 or
22 (3) Any solicitation, conspiracy or attempt to
23 commit a crime under paragraph (e)(1) or (e)(2) of this
24 Section.
25 (f) "Sexually violent person" means a person who has
26 been convicted of a sexually violent offense, has been
27 adjudicated delinquent for a sexually violent offense, or has
28 been found not guilty of or not responsible for a sexually
29 violent offense by reason of insanity, mental disease or
30 mental defect, and who is dangerous because he or she suffers
31 from a mental disorder that makes it substantially probable
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1 that the person will engage in acts of sexual violence.
2 Section 10. Notice to the Attorney General and State's
3 Attorney.
4 (a) In this Act, "agency with jurisdiction" means the
5 agency with the authority or duty to release or discharge the
6 person.
7 (b) If an agency with jurisdiction has control or
8 custody over a person who may meet the criteria for
9 commitment as a sexually violent person, the agency with
10 jurisdiction shall inform the Attorney General and the
11 State's Attorney in a position to file a petition under
12 paragraph (a)(2) of Section 15 of this Act regarding the
13 person as soon as possible beginning 3 months prior to the
14 applicable date of the following:
15 (1) The anticipated release from imprisonment or
16 the anticipated entry into mandatory supervised release
17 of a person who has been convicted of a sexually violent
18 offense.
19 (2) The anticipated release from a Department of
20 Corrections correctional facility or juvenile
21 correctional facility of a person adjudicated delinquent
22 under Section 5-20 of the Juvenile Court Act of 1987 on
23 the basis of a sexually violent offense.
24 (3) The discharge or conditional release of a
25 person who has been found not guilty of a sexually
26 violent offense by reason of insanity, mental disease or
27 mental defect under Section 5-2-4 of the Unified Code of
28 Corrections.
29 (c) The agency with jurisdiction shall provide the
30 Attorney General and the State's Attorney with all of the
31 following:
32 (1) The person's name, identifying factors,
33 anticipated future residence and offense history;
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1 (2) A comprehensive evaluation of the person's
2 mental condition, the basis upon which a determination
3 has been made that the person is subject to commitment
4 under subsection (b) of Section 15 of this Act and a
5 recommendation for action in furtherance of the purposes
6 of this Act; and
7 (3) If applicable, documentation of any treatment
8 and the person's adjustment to any institutional
9 placement.
10 (d) Any agency or officer, employee or agent of an
11 agency is immune from criminal or civil liability for any
12 acts or omissions as the result of a good faith effort to
13 comply with this Section.
14 Section 15. Sexually violent person petition; contents;
15 filing.
16 (a) A petition alleging that a person is a sexually
17 violent person may be filed by one of the following:
18 (1) The Attorney General, at the request of the
19 agency with jurisdiction over the person, as defined in
20 subsection (a) of Section 10 of this Act, or on his or
21 her own motion. If the Attorney General, after
22 consulting with and advising the State's Attorney of the
23 county referenced in paragraph (a)(2) of this Section,
24 decides to file a petition under this Section, he or she
25 shall file the petition before the date of the release or
26 discharge of the person.
27 (2) If the Attorney General does not file a
28 petition under this Section, the State's Attorney of the
29 county in which the person was convicted of a sexually
30 violent offense, adjudicated delinquent for a sexually
31 violent offense or found not guilty of or not responsible
32 for a sexually violent offense by reason of insanity,
33 mental disease, or mental defect may file a petition.
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1 (b) A petition filed under this Section shall allege
2 that all of the following apply to the person alleged to be a
3 sexually violent person:
4 (1) The person satisfies any of the following
5 criteria:
6 (A) The person has been convicted of a
7 sexually violent offense;
8 (B) The person has been found delinquent for a
9 sexually violent offense; or
10 (C) The person has been found not guilty of a
11 sexually violent offense by reason of insanity,
12 mental disease, or mental defect.
13 (2) The person is within 90 days of discharge or
14 entry into mandatory supervised release from a Department
15 of Corrections correctional facility for a sentence that
16 was imposed upon a conviction for a sexually violent
17 offense; or
18 (3) The person is within 90 days of discharge or
19 release from a Department of Corrections juvenile
20 correctional facility, if the person was placed in the
21 facility for being adjudicated delinquent under Section
22 5-20 of the Juvenile Court Act of 1987 on the basis of a
23 sexually violent offense or from a commitment order that
24 was entered as a result of a sexually violent offense.
25 (4) The person has a mental disorder.
26 (5) The person is dangerous to others because the
27 person's mental disorder creates a substantial
28 probability that he or she will engage in acts of sexual
29 violence.
30 (c) A petition filed under this Section shall state with
31 particularity essential facts to establish probable cause to
32 believe the person is a sexually violent person. If the
33 petition alleges that a sexually violent offense or act that
34 is a basis for the allegation under paragraph (b)(1) of this
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1 Section was an act that was sexually motivated as provided
2 under paragraph (e)(2) of Section 5 of this Act, the petition
3 shall state the grounds on which the offense or act is
4 alleged to be sexually motivated.
5 (d) A petition under this Section shall be filed in
6 either of the following:
7 (1) The circuit court for the county in which the
8 person was convicted of a sexually violent offense,
9 adjudicated delinquent for a sexually violent offense or
10 found not guilty of a sexually violent offense by reason
11 of insanity, mental disease or mental defect.
12 (2) The circuit court for the county in which the
13 person is in custody under a sentence, a placement to a
14 Department of Corrections correctional facility or
15 juvenile correctional facility, or a commitment order.
16 Section 20. Civil nature of proceedings. The proceedings
17 under this Act shall be civil in nature. The provisions of
18 the Civil Practice Law, and all existing and future
19 amendments of that Law shall apply to all proceedings
20 hereunder except as otherwise provided in this Act.
21 Section 25. Rights of persons subject to petition.
22 (a) Any person who is the subject of a petition filed
23 under Section 15 of this Act shall be served with a copy of
24 the petition in accordance with the Civil Practice Law.
25 (b) The circuit court in which a petition under Section
26 15 of this Act is filed shall conduct all hearings under this
27 Act. The court shall give the person who is the subject of
28 the petition reasonable notice of the time and place of each
29 such hearing. The court may designate additional persons to
30 receive these notices.
31 (c) Except as provided in paragraph (b)(1) of Section 65
32 and Section 70 of this Act, at any hearing conducted under
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1 this Act, the person who is the subject of the petition has
2 the right to:
3 (1) To be present and to be represented by counsel.
4 If the person is indigent, the court shall appoint
5 counsel.
6 (2) Remain silent.
7 (3) Present and cross-examine witnesses.
8 (4) Have the hearing recorded by a court reporter.
9 (d) The person who is the subject of the petition, the
10 person's attorney, the Attorney General or the State's
11 Attorney may request that a trial under Section 35 of this
12 Act be to a jury. A verdict of a jury under this Act is not
13 valid unless it is unanimous.
14 (e) Whenever the person who is the subject of the
15 petition is required to submit to an examination under this
16 Act, he or she may retain experts or professional persons to
17 perform an examination. If the person retains a qualified
18 expert or professional person of his or her own choice to
19 conduct an examination, the examiner shall have reasonable
20 access to the person for the purpose of the examination, as
21 well as to the person's past and present treatment records
22 and patient health care records. If the person is indigent,
23 the court shall, upon the person's request, appoint a
24 qualified and available expert or professional person to
25 perform an examination. Upon the order of the circuit court,
26 the county shall pay, as part of the costs of the action, the
27 costs of a court-appointed expert or professional person to
28 perform an examination and participate in the trial on behalf
29 of an indigent person.
30 Section 30. Detention; probable cause hearing; transfer
31 for examination.
32 (a) Upon the filing of a petition under Section 15 of
33 this Act, the court shall review the petition to determine
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1 whether to issue an order for detention of the person who is
2 the subject of the petition. The person shall be detained
3 only if there is cause to believe that the person is eligible
4 for commitment under subsection (f) of Section 35 of this
5 Act. A person detained under this Section shall be held in a
6 facility approved by the Department. If the person is
7 serving a sentence of imprisonment, is in a Department of
8 Corrections correctional facility or juvenile correctional
9 facility or is committed to institutional care, and the court
10 orders detention under this Section, the court shall order
11 that the person be transferred to a detention facility
12 approved by the Department. A detention order under this
13 Section remains in effect until the person is discharged
14 after a trial under Section 35 of this Act or until the
15 effective date of a commitment order under Section 40 of this
16 Act, whichever is applicable.
17 (b) Whenever a petition is filed under Section 15 of
18 this Act, the court shall hold a hearing to determine whether
19 there is probable cause to believe that the person named in
20 the petition is a sexually violent person. If the person
21 named in the petition is in custody, the court shall hold the
22 probable cause hearing within 72 hours after the petition is
23 filed, excluding Saturdays, Sundays and legal holidays. If
24 the person named in the petition is not in custody, the court
25 shall hold the probable cause hearing within a reasonable
26 time after the filing of the petition.
27 (c) If the court determines after a hearing that there
28 is probable cause to believe that the person named in the
29 petition is a sexually violent person, the court shall order
30 that the person be taken into custody if he or she is not in
31 custody and shall order the person to be transferred within a
32 reasonable time to an appropriate facility for an evaluation
33 as to whether the person is a sexually violent person. If
34 the court determines that probable cause does not exist to
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1 believe that the person is a sexually violent person, the
2 court shall dismiss the petition.
3 (d) The Department shall promulgate rules that provide
4 the qualifications for persons conducting evaluations under
5 subsection (c) of this Section.
6 (e) If the person named in the petition claims or
7 appears to be indigent, the court shall, prior to the
8 probable cause hearing under subsection (b) of this Section,
9 appoint counsel.
10 Section 35. Trial.
11 (a) A trial to determine whether the person who is the
12 subject of a petition under Section 15 of this Act is a
13 sexually violent person shall commence no later than 45 days
14 after the date of the probable cause hearing under Section 30
15 of this Act. The court may grant a continuance of the trial
16 date for good cause upon its own motion, the motion of any
17 party or the stipulation of the parties, provided that any
18 continuance granted shall be subject to Section 103-5 of the
19 Code of Criminal Procedure of 1963.
20 (b) At the trial to determine whether the person who is
21 the subject of a petition under Section 15 of this Act is a
22 sexually violent person, all rules of evidence in criminal
23 actions apply. All constitutional rights available to a
24 defendant in a criminal proceeding are available to the
25 person.
26 (c) The person who is the subject of the petition, the
27 person's attorney, the Attorney General or the State's
28 Attorney may request that a trial under this Section be by a
29 jury. A request for a jury trial under this subsection shall
30 be made within 10 days after the probable cause hearing under
31 Section 30 of this Act. If no request is made, the trial
32 shall be by the court. The person, the person's attorney or
33 the Attorney General or State's Attorney, whichever is
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1 applicable, may withdraw his or her request for a jury trial.
2 (d) (1) At a trial on a petition under this Act, the
3 petitioner has the burden of proving the allegations in
4 the petition beyond a reasonable doubt.
5 (2) If the State alleges that the sexually violent
6 offense or act that forms the basis for the petition was
7 an act that was sexually motivated as provided in
8 paragraph (e)(2) of Section 5 of this Act, the State is
9 required to prove beyond a reasonable doubt that the
10 alleged sexually violent act was sexually motivated.
11 (e) Evidence that the person who is the subject of a
12 petition under Section 15 of this Act was convicted for or
13 committed sexually violent offenses before committing the
14 offense or act on which the petition is based is not
15 sufficient to establish beyond a reasonable doubt that the
16 person has a mental disorder.
17 (f) If the court or jury determines that the person who
18 is the subject of a petition under Section 15 is a sexually
19 violent person, the court shall enter a judgment on that
20 finding and shall commit the person as provided under Section
21 40 of this Act. If the court or jury is not satisfied beyond
22 a reasonable doubt that the person is a sexually violent
23 person, the court shall dismiss the petition and direct that
24 the person be released unless he or she is under some other
25 lawful restriction.
26 (g) A judgment entered under subsection (f) of this
27 Section on the finding that the person who is the subject of
28 a petition under Section 15 is a sexually violent person is
29 interlocutory to a commitment order under Section 40 and is
30 reviewable on appeal.
31 Section 40. Commitment.
32 (a) If a court or jury determines that the person who is
33 the subject of a petition under Section 15 of this Act is a
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1 sexually violent person, the court shall order the person to
2 be committed to the custody of the Department for control,
3 care and treatment until such time as the person is no longer
4 a sexually violent person.
5 (b) (1) The court shall enter an initial commitment
6 order under this Section pursuant to a hearing held as
7 soon as practicable after the judgment is entered that
8 the person who is the subject of a petition under Section
9 15 is a sexually violent person. If the court lacks
10 sufficient information to make the determination required
11 by paragraph (b)(2) of this Section immediately after
12 trial, it may adjourn the hearing and order the
13 Department to conduct a predisposition investigation or a
14 supplementary mental examination, or both, to assist the
15 court in framing the commitment order. A supplementary
16 mental examination under this Section shall be conducted
17 in accordance with Section 3-804 of the Mental Health and
18 Developmental Disabilities Code.
19 (2) An order for commitment under this Section
20 shall specify either institutional care in a secure
21 facility, as provided under Section 50 of this Act, or
22 conditional release. In determining whether commitment
23 shall be for institutional care in a secure facility or
24 for conditional release, the court may consider the
25 nature and circumstances of the behavior that was the
26 basis of the allegation in the petition under paragraph
27 (b)(1) of Section 15, the person's mental history and
28 present mental condition, where the person will live, how
29 the person will support himself or herself, and what
30 arrangements are available to ensure that the person has
31 access to and will participate in necessary treatment.
32 The Department shall arrange for control, care and
33 treatment of the person in the least restrictive manner
34 consistent with the requirements of the person and in
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1 accordance with the court's commitment order.
2 (3) If the court finds that the person is
3 appropriate for conditional release, the court shall
4 notify the Department. The Department shall prepare a
5 plan that identifies the treatment and services, if any,
6 that the person will receive in the community. The plan
7 shall address the person's need, if any, for supervision,
8 counseling, medication, community support services,
9 residential services, vocational services, and alcohol or
10 other drug abuse treatment. The Department may contract
11 with a county health department, with another public
12 agency or with a private agency to provide the treatment
13 and services identified in the plan. The plan shall
14 specify who will be responsible for providing the
15 treatment and services identified in the plan. The plan
16 shall be presented to the court for its approval within
17 21 days after the court finding that the person is
18 appropriate for conditional release, unless the
19 Department and the person to be released request
20 additional time to develop the plan.
21 (4) An order for conditional release places the
22 person in the custody and control of the Department. A
23 person on conditional release is subject to the
24 conditions set by the court and to the rules of the
25 Department. Before a person is placed on conditional
26 release by the court under this Section, the court shall
27 so notify the municipal police department and county
28 sheriff for the municipality and county in which the
29 person will be residing. The notification requirement
30 under this Section does not apply if a municipal police
31 department or county sheriff submits to the court a
32 written statement waiving the right to be notified. If
33 the Department alleges that a released person has
34 violated any condition or rule, or that the safety of
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1 others requires that conditional release be revoked, he
2 or she may be taken into custody under the rules of the
3 Department. The Department shall submit a statement
4 showing probable cause of the detention and a petition to
5 revoke the order for conditional release to the
6 committing court within 48 hours after the detention.
7 The court shall hear the petition within 30 days, unless
8 the hearing or time deadline is waived by the detained
9 person. Pending the revocation hearing, the Department
10 may detain the person in a jail, in a hospital or
11 treatment facility. The State has the burden of proving
12 by clear and convincing evidence that any rule or
13 condition of release has been violated, or that the
14 safety of others requires that the conditional release be
15 revoked. If the court determines after hearing that any
16 rule or condition of release has been violated, or that
17 the safety of others requires that conditional release be
18 revoked, it may revoke the order for conditional release
19 and order that the released person be placed in an
20 appropriate institution until the person is discharged
21 from the commitment under Section 65 of this Act or until
22 again placed on conditional release under Section 60 of
23 this Act.
24 Section 45. Deoxyribonucleic acid analysis requirements.
25 (a)(1) If a person is found to be a sexually violent
26 person under this Act, the court shall require the person
27 to provide a biological specimen for deoxyribonucleic
28 acid analysis.
29 (2) The results from deoxyribonucleic acid analysis
30 of a specimen under paragraph (a)(1) of this Section may
31 be used only as authorized.
32 (b) The Attorney General shall promulgate rules
33 providing for procedures for persons to provide specimens
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1 under paragraph (a)(1) of this Section.
2 Section 50. Secure facility for sexually violent
3 persons.
4 (a) The Department shall place a person committed to a
5 secure facility under paragraph (b)(2) of Section 40 of this
6 Act at a facility provided by the Department of Corrections
7 under subsection (b) of this Section.
8 (b) The Department may enter into an agreement with the
9 Department of Corrections for the provision of a secure
10 facility for persons committed under paragraph (b)(2) of
11 Section 40 of this Act to a facility. The Department shall
12 operate the facility provided by the Department of
13 Corrections under this subsection and shall provide by rule
14 for the nature of the facility, the level of care to be
15 provided in the facility, and the custody and discipline of
16 persons placed in the facility. The facility operated under
17 this Section shall not be subject to the provisions of the
18 Mental Health and Developmental Disabilities Code.
19 Section 55. Periodic reexamination; report.
20 (a) If a person has been committed under Section 40 of
21 this Act and has not been discharged under Section 65 of this
22 Act, the Department shall conduct an examination of his or
23 her mental condition within 6 months after an initial
24 commitment under Section 40 and again thereafter at least
25 once each 12 months for the purpose of determining whether
26 the person has made sufficient progress to be entitled to
27 transfer to a less restrictive facility, to conditional
28 release or to discharge. At the time of a reexamination
29 under this Section, the person who has been committed may
30 retain or, if he or she is indigent and so requests, the
31 court may appoint a qualified expert or a professional person
32 to examine him or her.
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1 (b) Any examiner conducting an examination under this
2 Section shall prepare a written report of the examination no
3 later than 30 days after the date of the examination. The
4 examiner shall place a copy of the report in the person's
5 health care records and shall provide a copy of the report to
6 the court that committed the person under Section 40.
7 (c) Notwithstanding subsection (a) of this Section, the
8 court that committed a person under Section 40 may order a
9 reexamination of the person at any time during the period in
10 which the person is subject to the commitment order.
11 Section 60. Petition for conditional release.
12 (a) Any person who is committed for institutional care
13 in a secure facility or other facility under Section 40 of
14 this Act may petition the committing court to modify its
15 order by authorizing conditional release if at least 6 months
16 have elapsed since the initial commitment order was entered,
17 the most recent release petition was denied or the most
18 recent order for conditional release was revoked. The
19 director of the facility at which the person is placed may
20 file a petition under this Section on the person's behalf at
21 any time.
22 (b) If the person files a timely petition without
23 counsel, the court shall serve a copy of the petition on the
24 Attorney General or State's Attorney, whichever is applicable
25 and, subject to paragraph (c)(1) of Section 25 of this Act,
26 appoint counsel. If the person petitions through counsel,
27 his or her attorney shall serve the Attorney General or
28 State's Attorney, whichever is applicable.
29 (c) Within 20 days after receipt of the petition, the
30 court shall appoint one or more examiners having the
31 specialized knowledge determined by the court to be
32 appropriate, who shall examine the person and furnish a
33 written report of the examination to the court within 30 days
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1 after appointment. The examiners shall have reasonable
2 access to the person for purposes of examination and to the
3 person's past and present treatment records and patient
4 health care records. If any such examiner believes that the
5 person is appropriate for conditional release, the examiner
6 shall report on the type of treatment and services that the
7 person may need while in the community on conditional
8 release.
9 (d) The court, without a jury, shall hear the petition
10 within 30 days after the report of the court-appointed
11 examiner is filed with the court, unless the petitioner
12 waives this time limit. The court shall grant the petition
13 unless the State proves by clear and convincing evidence that
14 the person is still a sexually violent person and that it is
15 still substantially probable that the person will engage in
16 acts of sexual violence if the person is not confined in a
17 secure facility. In making a decision under this subsection,
18 the court may consider the nature and circumstances of the
19 behavior that was the basis of the allegation in the petition
20 under paragraph (b)(1) of Section 15 of this Act, the
21 person's mental history and present mental condition, where
22 the person will live, how the person will support himself or
23 herself and what arrangements are available to ensure that
24 the person has access to and will participate in necessary
25 treatment.
26 (e) If the court finds that the person is appropriate
27 for conditional release, the court shall notify the
28 Department. The Department shall prepare a plan that
29 identifies the treatment and services, if any, that the
30 person will receive in the community. The plan shall address
31 the person's need, if any, for supervision, counseling,
32 medication, community support services, residential services,
33 vocational services, and alcohol or other drug abuse
34 treatment. The Department may contract with a county health
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1 department, with another public agency or with a private
2 agency to provide the treatment and services identified in
3 the plan. The plan shall specify who will be responsible for
4 providing the treatment and services identified in the plan.
5 The plan shall be presented to the court for its approval
6 within 60 days after the court finding that the person is
7 appropriate for conditional release, unless the Department
8 and the person to be released request additional time to
9 develop the plan.
10 (f) The provisions of paragraph (b)(4) of Section 40 of
11 this Act apply to an order for conditional release issued
12 under this Section.
13 Section 65. Petition for discharge; procedure.
14 (a) (1) If the Secretary determines at any time that a
15 person committed under this Act is no longer a sexually
16 violent person, the Secretary shall authorize the person
17 to petition the committing court for discharge. The
18 person shall file the petition with the court and serve a
19 copy upon the Attorney General or the State's Attorney's
20 office that filed the petition under subsection (a) of
21 Section 15 of this Act, whichever is applicable. The
22 court, upon receipt of the petition for discharge, shall
23 order a hearing to be held within 45 days after the date
24 of receipt of the petition.
25 (2) At a hearing under this subsection, the
26 Attorney General or State's Attorney, whichever filed the
27 original petition, shall represent the State and shall
28 have the right to have the petitioner examined by an
29 expert or professional person of his or her choice. The
30 hearing shall be before the court without a jury. The
31 State has the burden of proving by clear and convincing
32 evidence that the petitioner is still a sexually violent
33 person.
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1 (3) If the court is satisfied that the State has
2 not met its burden of proof under paragraph (a)(2) of
3 this Section, the petitioner shall be discharged from the
4 custody or supervision of the Department. If the court
5 is satisfied that the State has met its burden of proof
6 under paragraph (a)(2), the court may proceed under
7 Section 40 of this Act to determine whether to modify the
8 petitioner's existing commitment order.
9 (b)(1) A person may petition the committing court for
10 discharge from custody or supervision without the
11 Secretary's approval. At the time of an examination
12 under subsection (a) of Section 55 of this Act, the
13 Secretary shall provide the committed person with a
14 written notice of the person's right to petition the
15 court for discharge over the Secretary's objection. The
16 notice shall contain a waiver of rights. The Secretary
17 shall forward the notice and waiver form to the court
18 with the report of the Department's examination under
19 Section 55 of this Act. If the person does not
20 affirmatively waive the right to petition, the court
21 shall set a probable cause hearing to determine whether
22 facts exist that warrant a hearing on whether the person
23 is still a sexually violent person. The committed person
24 has a right to have an attorney represent him or her at
25 the probable cause hearing, but the person is not
26 entitled to be present at the probable cause hearing.
27 (2) If the court determines at the probable cause
28 hearing under paragraph (b)(1) of this Section that
29 probable cause exists to believe that the committed
30 person is no longer a sexually violent person, then the
31 court shall set a hearing on the issue. At a hearing
32 under this Section, the committed person is entitled to
33 be present and to the benefit of the protections afforded
34 to the person under Section 25 of this Act. The Attorney
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1 General or State's Attorney, whichever filed the original
2 petition, shall represent the State at a hearing under
3 this Section. The hearing under this Section shall be to
4 the court. The State has the right to have the committed
5 person evaluated by experts chosen by the State. At the
6 hearing, the State has the burden of proving by clear and
7 convincing evidence that the committed person is still a
8 sexually violent person.
9 (3) If the court is satisfied that the State has
10 not met its burden of proof under paragraph (b)(2) of
11 this Section, the person shall be discharged from the
12 custody or supervision of the Department. If the court
13 is satisfied that the State has met its burden of proof
14 under paragraph (b)(2) of this Section, the court may
15 proceed under Section 40 of this Act to determine whether
16 to modify the person's existing commitment order.
17 Section 70. Additional discharge petitions. In addition
18 to the procedures under Section 65 of this Act, a committed
19 person may petition the committing court for discharge at any
20 time, but if a person has previously filed a petition for
21 discharge without the Secretary's approval and the court
22 determined, either upon review of the petition or following a
23 hearing, that the person's petition was frivolous or that the
24 person was still a sexually violent person, then the court
25 shall deny any subsequent petition under this Section without
26 a hearing unless the petition contains facts upon which a
27 court could find that the condition of the person had so
28 changed that a hearing was warranted. If the court finds
29 that a hearing is warranted, the court shall set a probable
30 cause hearing in accordance with paragraph (b)(1) of Section
31 65 of this Act and continue proceedings under paragraph
32 (b)(2) of Section 65, if appropriate. If the person has not
33 previously filed a petition for discharge without the
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1 Secretary's approval, the court shall set a probable cause
2 hearing in accordance with paragraph (b)(1) of Section 65 and
3 continue proceedings under paragraph (b)(2) of Section 65, if
4 appropriate.
5 Section 75. Notice concerning conditional release or
6 discharge.
7 (a) As used in this Section, the term:
8 (1) "Act of sexual violence" means an act or
9 attempted act that is a basis for an allegation made in a
10 petition under paragraph (b)(1) of Section 15 of this
11 Act.
12 (2) "Member of the family" means spouse, child,
13 sibling, parent, or legal guardian.
14 (3) "Victim" means a person against whom an act of
15 sexual violence has been committed.
16 (b) If the court places a person on conditional release
17 under Section 40 of this Act or discharges a person under
18 Section 60 or 65, the Department shall notify all of the
19 following:
20 (1) Whichever of the following persons is
21 appropriate in accordance with the provisions of
22 subsection (a)(3):
23 (A) The victim of the act of sexual violence.
24 (B) An adult member of the victim's family, if
25 the victim died as a result of the act of sexual
26 violence.
27 (C) The victim's parent or legal guardian, if
28 the victim is younger than 18 years old.
29 (2) The Department of Corrections.
30 (c) The notice under subsection (b) of this Section
31 shall inform the Department of Corrections and the person
32 notified under paragraph (b)(1) of this Section of the name
33 of the person committed under this Act and the date the
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1 person is placed on conditional release or discharged. The
2 Department shall send the notice, postmarked at least 7 days
3 before the date the person committed under this Act is placed
4 on conditional release or discharged, to the Department of
5 Corrections and the last-known address of the person notified
6 under paragraph (b)(1) of this Section.
7 (d) The Department shall design and prepare cards for
8 persons specified in paragraph (b)(1) of this Section to send
9 to the Department. The cards shall have space for these
10 persons to provide their names and addresses, the name of the
11 person committed under this Act and any other information the
12 Department determines is necessary. The Department shall
13 provide the cards, without charge, to the Attorney General
14 and State's Attorneys. The Attorney General and State's
15 Attorneys shall provide the cards, without charge, to persons
16 specified in paragraph (b)(1) of this Section. These persons
17 may send completed cards to the Department. All records or
18 portions of records of the Department that relate to mailing
19 addresses of these persons are not subject to inspection or
20 copying under Section 3 of the Freedom of Information Act.
21 Section 80. Applicability. This Act applies to a
22 sexually violent person regardless of whether the person
23 engaged in acts of sexual violence before, on, or after the
24 effective date of this Act.
25 Section 99. Effective date. This Act takes effect
26 January 1, 1998.