90th General Assembly
Status of SB1713
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GEO-KARIS-CRONIN-PHILIP.

(DART-JOHNSON,TOM-SCOTT-SCHOENBERG-BIGGERT)

   5 ILCS 350/1              from Ch. 127, par. 1301                           
   20 ILCS 2605/55a          from Ch. 127, par. 55a                            
   720 ILCS 5/31-6           from Ch. 38, par. 31-6                            
   725 ILCS 120/4.5                                                            
   725 ILCS 207/5                                                              
   725 ILCS 207/10                                                             
   725 ILCS 207/40                                                             
   725 ILCS 207/50                                                             
   725 ILCS 207/55                                                             
   725 ILCS 207/75                                                             
   725 ILCS 207/90 new                                                         
   730 ILCS 5/3-6-4          from Ch. 38, par. 1003-6-4                        

        Amends the State Employee Indemnification Act to include  in  the      
   definition  of  "employee"  individuals or organizations that contract      
   with the Department of Human Services to provide for the treatment and      
   other  services  for  sexually  violent  persons.   Amends  the  Civil      
   Administrative Code to provide that upon request of the Department  of      
   Human  Services,  the  Department  of  State  Police  shall conduct an      
   assessment and evaluation of  a  sexually  violent  person  and  shall      
   furnish  criminal  history  information  maintained  on  the  sexually      
   violent person. Amends the Criminal Code of 1961.  Provides that it is      
   a  Class  2  felony for a person who is committed to the Department of      
   Human Services under the Sexually Violent Persons Commitment Act or in      
   detention with the  Department  of  Human  Services  awaiting  such  a      
   commitment  to intentionally escape from a secure residential facility      
   or from the custody of an employee of the facility.  Amends the Rights      
   of Crime Victims and Witnesses Act to provide that  when  a  defendant      
   who  served his or her sentence is then committed to the Department of      
   Human Services as a sexually violent person, the  releasing  authority      
   shall  inform  the  Department of Human Services that a victim of that      
   defendant has requested notification, if  the  victim  has  made  that      
   request,  of  that  defendant's  release.  Amends the Sexually Violent      
   Persons Commitment  Act  to  provide  that  the  Department  of  Human      
   Services may investigate the financial condition of a sexually violent      
   person committed under the Act, may make determinations of the ability      
   of  each  such  person  to  pay  for treatment services, and may set a      
   standard as a basis of judging the ability of a  committed  person  to      
   person to pay for treatment.  Makes other changes.  Amends the Unified      
   Code of Corrections to include in the definition of "committed person"      
   for  purposes  of the escape statute, a person committed as a sexually      
   violent person and who  is  held  in  a  secure  facility.   Effective      
   immediately.                                                                
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          725 ILCS 207/40                                                      
        Restores provision that requires the Department of Human Services      
   to arrange for control, care, and  treatment  of  a  sexually  violent      
   person  in  the  least  restrictive  manner.  Provides that a sexually      
   violent person  committed  or  detained  under  the  Sexually  Violent      
   Persons  Commitment  Act  who  receives  services provided directly or      
   funded by the Department of Human Services  and  the  estate  of  that      
   person  is  liable  for  the payment  of sums representing charges for      
   services to the person at a rate to be determined by  the  Department.      
   Provides that remittances from intermediate agencies under Title XVIII      
   of  the  Federal Social Security Act for services to committed persons      
   shall be placed in the Mental Health  Fund.   Provides  that  payments      
   received  from  the  Department  of  Public Aid under Title XIX of the      
   Federal Social Security Act for services to committed persons shall be      
   deposited in the General Revenue Fund.                                      
        HOUSE AMENDMENT NO. 1.                                                 
          Adds reference to:                                                   
          20 ILCS 4026/5                                                       
          20 ILCS 4026/10                                                      
          20 ILCS 4026/15                                                      
          725 ILCS 207/15                                                      
          725 ILCS 207/30                                                      
          730 ILCS 5/5-4-3                from Ch. 38, par. 1005-4-3           
          740 ILCS 110/9.3 new                                                 
        Amends the Sex Offender Management Board Act.   Includes  in  the      
   definition  of  "sex  offender"  a  person declared a sexually violent      
   person under the Sexually Violent Persons  Commitment  Act.   Provides      
   that  the  Sex  Offender Management Board shall develop guidelines and      
   standards for a system of programs for the counseling of sex offenders      
   committed to the Department of Human Services.   Amends  the  Sexually      
   Violent  Persons  Commitment  Act.  Provides that a petition to have a      
   person adjudged a sexually violent person must be filed within 30 days      
   of the person's placement onto parole or mandatory supervised  release      
   for  a sexually violent offense.  Provides that if the person named in      
   the petition fails to communicate with or  cooperate  with  an  expert      
   from  the  Department  of  Human  Services, he or she cannot introduce      
   testimony or evidence from another expert.  Amends the  Mental  Health      
   and  Developmental  Disabilities  Confidentiality  Act  to  permit the      
   disclosure of mental health  records  without  a  therapist's  consent      
   under the Sexually Violent Persons Commitment Act.  Amends the Unified      
   Code  of  Corrections  relating to DNA testing of persons convicted of      
   certain sexual offenses. Provides that a person  who  is  required  to      
   provide  a  blood  specimen who commits acts to impede, delay, or stop      
   the  collection  of  the  blood  specimen  is  guilty  of  a  Class  A      
   misdemeanor (rather than contempt of court).                                
        HOUSE AMENDMENT NO. 2. (House recedes May 22, 1998)                    
          Adds reference to:                                                   
          725 ILCS 207/25                                                      
          725 ILCS 207/65                                                      
        Amends the Sexually Violent Persons  Commitment  Act.    Provides      
   that  if  an indigent person is subject to a petition to be declared a      
   sexually violent person, the court  shall  appoint  counsel  from  the      
   Legal  Advocacy  Service  of the Guardianship and Advocacy Commission.      
   Provides that  the  State  shall  be  responsible  for  the  costs  of      
   court-appointed counsel for indigent persons under this Act.                
          CORRECTIONAL NOTE, H-AMS 1 & 2                                       
          Corrections population and fiscal impacts are minimal.               
          JUDICIAL NOTE, H-AMS 1 & 2                                           
          There may be a minimal increase in judicial workloads, but no        
          increase in the need for the number of judges.                       
          FISCAL NOTE, H-AMS 1 & 2 (Dpt. Human Services)                       
          The fiscal impact on the Department is minimal.                      
          FISCAL NOTE, H-am 2 (Guardianship & Advocacy Comm.)                  
          Costs related to 16 new staff total $1.2 million.                    
   98-02-20  S  FIRST READING                                                  
   98-02-20  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   98-02-25  S       ASSIGNED TO COMMITTEE               JUDICIARY             
   98-03-04  S       DO PASS                             009-000-000   SJUD    
   98-03-04  S  PLACED ON CALENDAR ORDER OF 2ND READING  98-03-05              
   98-03-05  S  SECOND READING                                                 
   98-03-05  S  PLACED ON CALENDAR ORDER OF 3RD READING  98-03-10              
   98-03-24  S  FILED WITH SECRETARY                                           
   98-03-24  S                             AMENDMENT NO. 01-GEO-KARIS          
   98-03-24  S                     AMENDMENT REFERRED TO SRUL                  
   98-03-25  S                             AMENDMENT NO. 01-GEO-KARIS          
   98-03-25  S                           RULES REFERS TO SJUD                  
   98-04-01  S                             AMENDMENT NO. 01-GEO-KARIS          
   98-04-01  S             BE APPROVED FOR CONSIDERATION SJUD/010-000-000      
   98-04-01  S  RECALLED TO SECOND READING                                     
   98-04-01  S                             AMENDMENT NO. 01-GEO-KARIS          
   98-04-01  S                                   ADOPTED                       
   98-04-01  S  PLACED ON CALENDAR ORDER OF 3RD READING  98-04-02              
   98-04-02  S  THIRD READING - PASSED                   056-000-000           
   98-04-02  H  ARRIVE IN HOUSE                                                
   98-04-02  H  HOUSE SPONSOR                            DART                  
   98-04-02  H  FIRST READING                                                  
   98-04-02  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   98-04-23  H       ASSIGNED TO COMMITTEE               JUD-CRIMINAL          
   98-04-30  H                             AMENDMENT NO. 01-JUD-CRIMINAL  H    
   98-04-30  H                                   ADOPTED 015-000-000           
   98-04-30  H                             AMENDMENT NO. 02-JUD-CRIMINAL  H    
   98-04-30  H                                   ADOPTED                       
   98-04-30  H  DO PASS AMENDED/SHORT DEBATE             015-000-000   HJUB    
   98-04-30  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   98-04-30  H  FISCAL NOTE REQUESTED AS AMENDED         DANIELS               
   98-04-30  H  CORRECTIONAL NOTE REQUESTED AS AMENDED   DANIELS               
   98-04-30  H  JUDICIAL NOTE REQUESTED AS AMENDED       DANIELS               
   98-04-30  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   98-04-30  H  ADDED AS A JOINT SPONSOR                 JOHNSON,TOM           
   98-05-04  H  CORRECTIONAL NOTE FILED AS AMENDED       BY HA 1 & 2           
   98-05-04  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   98-05-05  H  JUDICIAL NOTE FILED AS AMENDED           BY HA 1 & 2           
   98-05-05  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   98-05-06  H  FISCAL NOTE FILED AS AMENDED             BY HA 1 & 2           
   98-05-06  H  SECOND READING-SHORT DEBATE                                    
   98-05-06  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   98-05-13  H  FISCAL NOTE FILED AS AMENDED             BY HOUSE AMEND #2     
   98-05-13  H  ADDED AS A JOINT SPONSOR                 SCOTT                 
   98-05-13  H  ADDED AS A JOINT SPONSOR                 SCHOENBERG            
   98-05-13  H  ADDED AS A JOINT SPONSOR                 BIGGERT               
   98-05-13  H  THIRD READING/SHORT DEBATE/PASSED        118-000-000           
   98-05-14  S  SECRETARYS DESK - CONCURRENCE            01,02                 
   98-05-14  S  FILED WITH SECRETARY                                           
   98-05-14  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 01,02/GEO-KARIS       
   98-05-14  S                        MOTION REFERRED TO SRUL                  
   98-05-20  S  FILED WITH SECRETARY                                           
   98-05-20  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 1/GEO-KARIS           
   98-05-20  S                        MOTION REFERRED TO SRUL                  
   98-05-20  S  FILED WITH SECRETARY                                           
   98-05-20  S    MOTION NON-CONCUR - HOUSE AMENDMENT NO 02-GEO-KARIS          
   98-05-20  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 01/GEO-KARIS          
   98-05-20  S                           RULES REFERS TO SJUD                  
   98-05-21  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 01/GEO-KARIS          
   98-05-21  S                                BE ADOPTED SJUD/009-000-000      
   98-05-21  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 01/GEO-KARIS          
   98-05-21  S  SEN CONCURS IN HSE AMENDMENTS (NO.)      01/057-000-000        
   98-05-21  S    MOTION NON-CONCUR - HOUSE AMENDMENT NO 02-GEO-KARIS          
   98-05-21  S  SEN NON-CONCURS IN HSE AMENDMENTS (NO.)  02                    
   98-05-22  H  ARRIVE IN HOUSE                                                
   98-05-22  H  PLACED CALENDAR ORDER NON-CONCURRENCE    02                    
   98-05-22  H     MOTION TO RECEDE - HOUSE AMENDMENT NO 02/DART               
   98-05-22  H                     AMENDMENT REFERRED TO HRUL                  
   98-05-22  H             BE APPROVED FOR CONSIDERATION 02/HRUL               
   98-05-22  H  HSE RECEDES FROM AMENDMENT (NO.)         02/118-000-000        
   98-05-22  S  PASSED BOTH HOUSES                                             
   98-06-19  S  SENT TO THE GOVERNOR                                           
   98-08-14  S  GOVERNOR APPROVED                                              
   98-08-14  S                            EFFECTIVE DATE 98-08-14              
   98-08-14  S  PUBLIC ACT.............................. 90-0793               

   END OF INQUIRY 



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