State of Illinois
91st General Assembly
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[ Introduced ][ Enrolled ][ House Amendment 001 ]

91_HB4116eng

 
HB4116 Engrossed                               LRB9112288RCpc

 1        AN ACT to amend the Sexually Violent  Persons  Commitment
 2    Act by changing Sections 5, 35, 40, 55, and 60.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Sexually Violent Persons  Commitment  Act
 6    is  amended  by  changing  Sections  5, 35, 40, 55, and 60 as
 7    follows:

 8        (725 ILCS 207/5)
 9        Sec. 5.  Definitions. As used in this Act, the term:
10        (a)  "Department" means the Department of Human Services.
11        (b)  "Mental disorder" means  a  congenital  or  acquired
12    condition affecting the emotional or volitional capacity that
13    predisposes a person to engage in acts of sexual violence.
14        (c)  "Secretary" means the Secretary of Human Services.
15        (d)  "Sexually  motivated" means that one of the purposes
16    for  an  act  is  for   the   actor's   sexual   arousal   or
17    gratification.
18        (e)  "Sexually   violent   offense"   means  any  of  the
19    following:
20             (1)  Any crime specified in  Section  12-13,  12-14,
21        12-14.1, or 12-16 of the Criminal Code of 1961; or
22             (1.5)  Any  former  law  of  this State specified in
23        Section 11-1 (rape), 11-3 (deviate sexual assault),  11-4
24        (indecent  liberties  with  a  child) or 11-4 (aggravated
25        indecent liberties with a child) of the Criminal Code  of
26        1961; or
27             (2)  First degree murder, if it is determined by the
28        agency with jurisdiction to have been sexually motivated;
29        or
30             (3)  Any  solicitation,  conspiracy  or  attempt  to
31        commit  a  crime under paragraph (e)(1) or (e)(2) of this
 
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 1        Section.
 2        (f)  "Sexually violent person" means  a  person  who  has
 3    been  convicted  of  a  sexually  violent  offense,  has been
 4    adjudicated delinquent for a sexually violent offense, or has
 5    been found not guilty of a sexually violent offense by reason
 6    of insanity and who is dangerous because he  or  she  suffers
 7    from  a  mental disorder that makes it substantially probable
 8    that the person will engage in acts of sexual violence.
 9    (Source: P.A. 90-40, eff. 1-1-98; 90-793, eff. 8-14-98.)

10        (725 ILCS 207/35)
11        Sec. 35.  Trial.
12        (a)  A trial to determine whether the person who  is  the
13    subject  of  a  petition  under  Section  15 of this Act is a
14    sexually violent person shall commence no later than 45  days
15    after the date of the probable cause hearing under Section 30
16    of  this Act.  The court may grant a continuance of the trial
17    date for good cause upon its own motion, the  motion  of  any
18    party  or  the  stipulation of the parties, provided that any
19    continuance granted shall be subject to Section 103-5 of  the
20    Code of Criminal Procedure of 1963.
21        (b)  At  the trial to determine whether the person who is
22    the subject of a petition under Section 15 of this Act  is  a
23    sexually  violent  person,  all rules of evidence in criminal
24    actions apply.  All  constitutional  rights  available  to  a
25    defendant  in  a  criminal  proceeding  are  available to the
26    person.  At the trial on the petition it shall  be  competent
27    to  introduce evidence of the commission by the respondent of
28    any number of crimes together with whatever  punishments,  if
29    any,  were  imposed.    The  petitioner  may  present  expert
30    testimony  from  both  the Illinois Department of Corrections
31    evaluator and the Department of Human Services psychologist.
32        (c)  The person who is the subject of the  petition,  the
33    person's  attorney,  the  Attorney  General  or  the  State's
 
HB4116 Engrossed            -3-                LRB9112288RCpc
 1    Attorney  may request that a trial under this Section be by a
 2    jury.  A request for a jury trial under this subsection shall
 3    be made within 10 days after the probable cause hearing under
 4    Section 30 of this Act.  If no request  is  made,  the  trial
 5    shall  be by the court.  The person, the person's attorney or
 6    the  Attorney  General  or  State's  Attorney,  whichever  is
 7    applicable, may withdraw his or her request for a jury trial.
 8        (d) (1)  At a trial on a petition  under  this  Act,  the
 9        petitioner  has  the burden of proving the allegations in
10        the petition beyond a reasonable doubt.
11             (2)  If the State alleges that the sexually  violent
12        offense  or act that forms the basis for the petition was
13        an  act  that  was  sexually  motivated  as  provided  in
14        paragraph (e)(2) of Section 5 of this Act, the  State  is
15        required  to  prove  beyond  a  reasonable doubt that the
16        alleged sexually violent act was sexually motivated.
17        (e)  Evidence that the person who is  the  subject  of  a
18    petition  under  Section  15 of this Act was convicted for or
19    committed sexually violent  offenses  before  committing  the
20    offense  or  act  on  which  the  petition  is  based  is not
21    sufficient to establish beyond a reasonable  doubt  that  the
22    person has a mental disorder.
23        (f)  If  the court or jury determines that the person who
24    is the subject of a petition under Section 15 is  a  sexually
25    violent  person,  the  court  shall  enter a judgment on that
26    finding and shall commit the person as provided under Section
27    40 of this Act.  If the court or jury is not satisfied beyond
28    a reasonable doubt that the  person  is  a  sexually  violent
29    person,  the court shall dismiss the petition and direct that
30    the person be released unless he or she is under  some  other
31    lawful restriction.
32        (g)  A  judgment  entered  under  subsection  (f) of this
33    Section on the finding that the person who is the subject  of
34    a  petition  under Section 15 is a sexually violent person is
 
HB4116 Engrossed            -4-                LRB9112288RCpc
 1    interlocutory to a commitment order under Section 40  and  is
 2    reviewable on appeal.
 3    (Source: P.A. 90-40, eff. 1-1-98.)

 4        (725 ILCS 207/40)
 5        Sec. 40.  Commitment.
 6        (a)  If a court or jury determines that the person who is
 7    the  subject  of a petition under Section 15 of this Act is a
 8    sexually violent person, the court shall order the person  to
 9    be  committed  to  the custody of the Department for control,
10    care and treatment until such time as the person is no longer
11    a sexually violent person.
12        (b) (1)  The court  shall  enter  an  initial  commitment
13        order  under  this  Section pursuant to a hearing held as
14        soon as practicable after the judgment  is  entered  that
15        the person who is the subject of a petition under Section
16        15  is  a  sexually  violent  person.  If the court lacks
17        sufficient information to make the determination required
18        by paragraph (b)(2) of  this  Section  immediately  after
19        trial,   it   may  adjourn  the  hearing  and  order  the
20        Department to conduct a predisposition investigation or a
21        supplementary mental examination, or both, to assist  the
22        court  in framing the commitment order.   A supplementary
23        mental examination under this Section shall be  conducted
24        in accordance with Section 3-804 of the Mental Health and
25        Developmental Disabilities Code.
26             (2)  An  order  for  commitment  under  this Section
27        shall specify  either  institutional  care  in  a  secure
28        facility,  as  provided  under Section 50 of this Act, or
29        conditional release.  In determining  whether  commitment
30        shall  be for institutional care in a secure  facility or
31        for conditional release, the court must may consider  the
32        nature  and  circumstances  of  the behavior that was the
33        basis of the allegation in the petition  under  paragraph
 
HB4116 Engrossed            -5-                LRB9112288RCpc
 1        (b)(1)  of  Section  15,  the person's mental history and
 2        present mental condition, where the person will live, how
 3        the person will support  himself  or  herself,  and  what
 4        arrangements  are available to ensure that the person has
 5        access to and will participate  in  necessary  treatment.
 6        The  Department  shall  arrange  for  control,  care  and
 7        treatment  of  the person in the least restrictive manner
 8        consistent with the requirements of  the  person  and  in
 9        accordance with the court's commitment order.
10             (3)  If   the   court   finds  that  the  person  is
11        appropriate for  conditional  release,  the  court  shall
12        notify  the  Department.   The Department shall prepare a
13        plan that identifies the treatment and services, if  any,
14        that the person will receive in the community.   The plan
15        shall address the person's need, if any, for supervision,
16        counseling,   medication,   community  support  services,
17        residential services, vocational services, and alcohol or
18        other drug abuse treatment.  The Department may  contract
19        with  a  county  health  department,  with another public
20        agency or with a private agency to provide the  treatment
21        and  services  identified  in  the  plan.  The plan shall
22        specify  who  will  be  responsible  for  providing   the
23        treatment  and services identified in the plan.  The plan
24        shall be presented to the court for its  approval  within
25        60  21  days  after  the court finding that the person is
26        appropriate   for   conditional   release,   unless   the
27        Department  and  the  person  to  be   released   request
28        additional time to develop the plan.
29             (4)  An  order  for  conditional  release places the
30        person in the custody and control of the  Department.   A
31        person   on   conditional   release  is  subject  to  the
32        conditions set by the court  and  to  the  rules  of  the
33        Department.   Before  a  person  is placed on conditional
34        release by the court under this Section, the court  shall
 
HB4116 Engrossed            -6-                LRB9112288RCpc
 1        so  notify  the  municipal  police  department and county
 2        sheriff for the municipality  and  county  in  which  the
 3        person  will  be  residing.  The notification requirement
 4        under this Section does not apply if a  municipal  police
 5        department  or  county  sheriff  submits  to  the court a
 6        written statement waiving the right to be  notified.   If
 7        the   Department  alleges  that  a  released  person  has
 8        violated any condition or rule, or  that  the  safety  of
 9        others  requires  that conditional release be revoked, he
10        or she may be taken into custody under the rules  of  the
11        Department.
12             At   any   time   during  which  the  person  is  on
13        conditional release, if the  Department  determines  that
14        the  person  has  violated any condition or rule, or that
15        the safety of others requires that conditional release be
16        revoked, the Department may request the Attorney  General
17        or  State's  Attorney  to  request  the court to issue an
18        emergency ex parte order directing  any  law  enforcement
19        officer to take the person into custody and transport the
20        person  to  the county jail.  The Department may request,
21        or the Attorney General or State's Attorney  may  request
22        independently  of  the  Department,  that  a  petition to
23        revoke conditional release be filed.  When a petition  is
24        filed,  the  court  may  order  the Department to issue a
25        notice to the person to be present at the  Department  or
26        other  agency designated by the court, order a summons to
27        the person to be present, or order a body attachment  for
28        all  law  enforcement  officers  to  take the person into
29        custody and transport him or  her  to  the  county  jail,
30        hospital,  or  treatment  facility.  The Department shall
31        submit  a  statement  showing  probable  cause   of   the
32        detention   and  a  petition  to  revoke  the  order  for
33        conditional release to the  committing  court  within  48
34        hours  after  the  detention.   The  court shall hear the
 
HB4116 Engrossed            -7-                LRB9112288RCpc
 1        petition within 30  days,  unless  the  hearing  or  time
 2        deadline  is  waived by the detained person.  Pending the
 3        revocation hearing, the Department may detain the  person
 4        in  a  jail,  in  a  hospital or treatment facility.  The
 5        State has the burden of proving by clear  and  convincing
 6        evidence  that  any rule or condition of release has been
 7        violated, or that the safety of others requires that  the
 8        conditional  release be revoked.  If the court determines
 9        after hearing that any rule or condition of  release  has
10        been violated, or that the safety of others requires that
11        conditional  release  be revoked, it may revoke the order
12        for conditional  release  and  order  that  the  released
13        person  be placed in an appropriate institution until the
14        person is discharged from the commitment under Section 65
15        of this Act or until again placed on conditional  release
16        under Section 60 of this Act.
17             (5)  An  order  for  conditional  release places the
18        person  in  the  custody,  care,  and  control   of   the
19        Department.   The court shall order the person be subject
20        to  the  following  rules  of  conditional  release,   in
21        addition  to any other conditions ordered, and the person
22        shall be given a certificate setting forth the conditions
23        of conditional release.  These conditions shall  be  that
24        the person:
25                  (A)  not  violate  any  criminal statute of any
26             jurisdiction;
27                  (B)  report to or appear in person before  such
28             person  or  agency  as directed by the court and the
29             Department;
30                  (C)  refrain from possession of  a  firearm  or
31             other dangerous weapon;
32                  (D)  not leave the State without the consent of
33             the  court  or, in circumstances in which the reason
34             for the absence is of such an emergency nature, that
 
HB4116 Engrossed            -8-                LRB9112288RCpc
 1             prior consent by the court is not  possible  without
 2             the   prior   notification   and   approval  of  the
 3             Department;
 4                  (E)  at the direction of the Department, notify
 5             third parties of the risks that may be occasioned by
 6             his or  her  criminal  record  or  sexual  offending
 7             history   or   characteristics,   and   permit   the
 8             supervising   officer   or   agent   to   make   the
 9             notification requirement;
10                  (F)  attend    and    fully    participate   in
11             assessment,  treatment,  and   behavior   monitoring
12             including,    but    not    limited   to,   medical,
13             psychological or psychiatric treatment  specific  to
14             sexual  offending, drug addiction, or alcoholism, to
15             the extent appropriate to the person based upon  the
16             recommendation  and  findings made in the Department
17             evaluation   or   based    upon    any    subsequent
18             recommendations by the Department;
19                  (G)  waive  confidentiality  allowing the court
20             and Department access  to  assessment  or  treatment
21             results or both;
22                  (H)  work  regularly  at  a Department approved
23             occupation or pursue a course of study or vocational
24             training and notify the Department within  72  hours
25             of any change in employment, study, or training;
26                  (I)  not  be  employed  or  participate  in any
27             volunteer  activity  that  involves   contact   with
28             children,  except  under  circumstances  approved in
29             advance and in writing by the Department officer;
30                  (J)  submit to the search of his or her person,
31             residence, vehicle, or any personal or real property
32             under  his  or  her  control  at  any  time  by  the
33             Department;
34                  (K)  financially support his or her  dependents
 
HB4116 Engrossed            -9-                LRB9112288RCpc
 1             and  provide  the Department access to any requested
 2             financial information;
 3                  (L)  serve a  term  of  home  confinement,  the
 4             conditions of which shall be that the person:
 5                       (i)  remain  within  the interior premises
 6                  of  the  place  designated  for  his   or   her
 7                  confinement  during the hours designated by the
 8                  Department;
 9                       (ii)  admit any person or agent designated
10                  by the Department into the offender's place  of
11                  confinement   at   any  time  for  purposes  of
12                  verifying  the  person's  compliance  with  the
13                  condition of his or her confinement;
14                       (iii)  if   deemed   necessary   by    the
15                  Department,   be   placed   on   an  electronic
16                  monitoring device;
17                  (M)  comply with the terms and conditions of an
18             order of protection issued by the court pursuant  to
19             the  Illinois Domestic Violence Act of 1986.  A copy
20             of the order of protection shall be  transmitted  to
21             the Department by the clerk of the court;
22                  (N)  refrain  from  entering  into a designated
23             geographic area except  upon  terms  the  Department
24             finds    appropriate.    The   terms   may   include
25             consideration of the purpose of the entry, the  time
26             of  day, others accompanying the person, and advance
27             approval by the Department;
28                  (O)  refrain from having any contact, including
29             written  or   oral   communications,   directly   or
30             indirectly,    with    certain   specified   persons
31             including, but not limited to,  the  victim  or  the
32             victim's  family,  and report any incidental contact
33             with the  victim  or  the  victim's  family  to  the
34             Department  within  72  hours; refrain from entering
 
HB4116 Engrossed            -10-               LRB9112288RCpc
 1             onto the premises of, traveling past,  or  loitering
 2             near the victim's residence, place of employment, or
 3             other places frequented by the victim;
 4                  (P)  refrain from having any contact, including
 5             written   or   oral   communications,   directly  or
 6             indirectly,  with  particular  types   of   persons,
 7             including  but  not  limited  to  members  of street
 8             gangs, drug users, drug dealers, or prostitutes;
 9                  (Q)  refrain  from  all  contact,   direct   or
10             indirect,   personally,  by  telephone,  letter,  or
11             through another person, with minor children  without
12             prior identification and approval of the Department;
13                  (R)  refrain from having in his or her body the
14             presence  of  alcohol or any illicit drug prohibited
15             by  the  Cannabis  Control  Act  or   the   Illinois
16             Controlled  Substances  Act,  unless prescribed by a
17             physician, and submit samples of his or her  breath,
18             saliva,  blood,  or urine for tests to determine the
19             presence of alcohol or any illicit drug;
20                  (S)  not  establish  a  dating,  intimate,   or
21             sexual  relationship  with  a  person  without prior
22             written notification to the Department;
23                  (T)  neither possess or have under his  or  her
24             control  any material that is pornographic, sexually
25             oriented, or sexually stimulating, or  that  depicts
26             or  alludes  to  sexual  activity  or depicts minors
27             under the age of 18, including but  not  limited  to
28             visual,  auditory,  telephonic, electronic media, or
29             any matter obtained through access to  any  computer
30             or material linked to computer access use;
31                  (U)  not   patronize   any  business  providing
32             sexually   stimulating    or    sexually    oriented
33             entertainment  nor  utilize "900" or adult telephone
34             numbers or any other sex-related telephone numbers;
 
HB4116 Engrossed            -11-               LRB9112288RCpc
 1                  (V)  not reside near, visit, or be in or  about
 2             parks,  schools,  day  care centers, swimming pools,
 3             beaches, theaters, or any other places  where  minor
 4             children  congregate without advance approval of the
 5             Department and report any  incidental  contact  with
 6             minor children to the Department within 72 hours;
 7                  (W)  not  establish  any  living arrangement or
 8             residence without prior approval of the Department;
 9                  (X)  not publish any  materials  or  print  any
10             advertisements  without  providing  a  copy  of  the
11             proposed  publications to the Department officer and
12             obtaining permission prior to publication;
13                  (Y)  not leave the  county  except  with  prior
14             permission   of   the  Department  and  provide  the
15             Department officer  or  agent  with  written  travel
16             routes  to  and  from  work and any other designated
17             destinations;
18                  (Z)  not possess  or  have  under  his  or  her
19             control   certain   specified  items  of  contraband
20             related to the incidence of sexually offending items
21             including video or still camera items or  children's
22             toys;
23                  (AA)  provide a written daily log of activities
24             as directed by the Department;
25                  (BB)  comply  with all other special conditions
26             that the Department may  impose  that  restrict  the
27             person from high-risk situations and limit access or
28             potential victims.
29             (6)  A  person placed on conditional release and who
30        during the  term  undergoes  mandatory  drug  or  alcohol
31        testing  or  is  assigned  to  be  placed  on an approved
32        electronic monitoring device may be ordered  to  pay  all
33        costs incidental to the mandatory drug or alcohol testing
34        and  all  costs  incidental  to  the  approved electronic
 
HB4116 Engrossed            -12-               LRB9112288RCpc
 1        monitoring in accordance with the person's ability to pay
 2        those costs.  The  Department  may  establish  reasonable
 3        fees for the cost of maintenance, testing, and incidental
 4        expenses related to the mandatory drug or alcohol testing
 5        and   all   costs   incidental   to  approved  electronic
 6        monitoring.
 7    (Source: P.A. 90-40, eff. 1-1-98.)

 8        (725 ILCS 207/55)
 9        Sec. 55.  Periodic reexamination; report.
10        (a)  If a person has been committed under Section  40  of
11    this Act and has not been discharged under Section 65 of this
12    Act,  the  Department  shall conduct an examination of his or
13    her  mental  condition  within  6  months  after  an  initial
14    commitment under Section 40 and then at least once  every  12
15    months  from  the  completion  of  the  last evaluation again
16    thereafter at least once each 12 months for  the  purpose  of
17    determining  whether  the person has made sufficient progress
18    to be conditionally released or discharged.  At the time of a
19    reexamination under this Section, the  person  who  has  been
20    committed  may  retain  or,  if  he or she is indigent and so
21    requests, the court may  appoint  a  qualified  expert  or  a
22    professional person to examine him or her.
23        (b)  Any  examiner  conducting  an examination under this
24    Section shall prepare a written report of the examination  no
25    later  than  30  days after the date of the examination.  The
26    examiner shall place a copy of the  report  in  the  person's
27    health care records and shall provide a copy of the report to
28    the court that committed the person under Section 40.
29        (c)  Notwithstanding  subsection (a) of this Section, the
30    court that committed a person under Section 40  may  order  a
31    reexamination  of the person at any time during the period in
32    which the person is subject to the commitment order.
33        (d)  Petitions for  discharge  after  reexamination  must
 
HB4116 Engrossed            -13-               LRB9112288RCpc
 1    follow the procedure outlined in Section 65 of this Act.
 2    (Source:  P.A.  90-40,  eff.  1-1-98;  90-793,  eff. 8-14-98;
 3    91-227, eff. 1-1-00.)

 4        (725 ILCS 207/60)
 5        Sec. 60.  Petition for conditional release.
 6        (a)  Any person who is committed for  institutional  care
 7    in  a  secure  facility or other facility under Section 40 of
 8    this Act may petition the  committing  court  to  modify  its
 9    order by authorizing conditional release if at least 6 months
10    have  elapsed since the initial commitment order was entered,
11    the most recent release  petition  was  denied  or  the  most
12    recent  order  for  conditional  release  was  revoked.   The
13    director  of  the  facility at which the person is placed may
14    file a petition under this Section on the person's behalf  at
15    any time.
16        (b)  If  the  person  files  a  timely  petition  without
17    counsel,  the court shall serve a copy of the petition on the
18    Attorney General or State's Attorney, whichever is applicable
19    and, subject to paragraph (c)(1) of Section 25 of  this  Act,
20    appoint  counsel.   If  the person petitions through counsel,
21    his or her attorney  shall  serve  the  Attorney  General  or
22    State's Attorney, whichever is applicable.
23        (c)  Within  20  days  after receipt of the petition, the
24    court  shall  appoint  one  or  more  examiners  having   the
25    specialized   knowledge   determined   by  the  court  to  be
26    appropriate, who shall  examine  the  person  and  furnish  a
27    written report of the examination to the court within 30 days
28    after  appointment.   The  examiners  shall  have  reasonable
29    access  to  the person for purposes of examination and to the
30    person's past  and  present  treatment  records  and  patient
31    health  care records.  If any such examiner believes that the
32    person is appropriate for conditional release,  the  examiner
33    shall  report  on the type of treatment and services that the
 
HB4116 Engrossed            -14-               LRB9112288RCpc
 1    person  may  need  while  in  the  community  on  conditional
 2    release.   The  State  has  the  right  to  have  the  person
 3    evaluated by experts chosen by the State.   The  court  shall
 4    set  a  probable cause hearing as soon as practical after the
 5    examiner's report is filed.  If the court determines  at  the
 6    probable  cause  hearing that cause exists to believe that it
 7    is not substantially probable that the person will engage  in
 8    acts of sexual violence if on release or conditional release,
 9    the court shall set a hearing on the issue.
10        (d)  The  court,  without a jury, shall hear the petition
11    within 30  days  after  the  report  of  the  court-appointed
12    examiner  is  filed  with  the  court,  unless the petitioner
13    waives this time limit.  The court shall grant  the  petition
14    unless the State proves by clear and convincing evidence that
15    the  person is still a sexually violent person and that it is
16    still substantially probable that the person will  engage  in
17    acts  of  sexual  violence if the person is not confined in a
18    secure facility.  In making a decision under this subsection,
19    the court may consider the nature and  circumstances  of  the
20    behavior that was the basis of the allegation in the petition
21    under  paragraph  (b)(1)  of  Section  15  of  this  Act, the
22    person's mental history and present mental  condition,  where
23    the  person will live, how the person will support himself or
24    herself and what arrangements are available  to  ensure  that
25    the  person  has  access to and will participate in necessary
26    treatment.
27        (e)  Before  the  court  may  enter  an  order  directing
28    conditional release to a less restrictive alternative it must
29    find the following: (1) the  person  will  be  treated  by  a
30    Department  approved  treatment  provider,  (2) the treatment
31    provider has presented a specific course of treatment and has
32    agreed to assume responsibility for the  treatment  and  will
33    report  progress  to  the  Department on a regular basis, and
34    will  report  violations  immediately  to   the   Department,
 
HB4116 Engrossed            -15-               LRB9112288RCpc
 1    consistent  with  treatment  and  supervision  needs  of  the
 2    respondent, (3) housing exists that is sufficiently secure to
 3    protect  the  community,  and  the person or agency providing
 4    housing to the conditionally released person  has  agreed  in
 5    writing  to  accept  the  person,  to  provide  the  level of
 6    security required by the court, and immediately to report  to
 7    the  Department  if the person leaves the housing to which he
 8    or she has  been  assigned  without  authorization,  (4)  the
 9    person  is  willing  to  or  has  agreed  to  comply with the
10    treatment provider, the Department, and the  court,  and  (5)
11    the  person  has agreed or is willing to agree to comply with
12    the behavioral monitoring requirements imposed by  the  court
13    and the Department.
14        (f)(e)  If the court finds that the person is appropriate
15    for   conditional   release,   the  court  shall  notify  the
16    Department.   The  Department  shall  prepare  a  plan   that
17    identifies  the  treatment  and  services,  if  any, that the
18    person will receive in the community.  The plan shall address
19    the person's  need,  if  any,  for  supervision,  counseling,
20    medication, community support services, residential services,
21    vocational   services,   and  alcohol  or  other  drug  abuse
22    treatment.  The Department may contract with a county  health
23    department,  with  another  public  agency  or with a private
24    agency to provide the treatment and  services  identified  in
25    the plan.  The plan shall specify who will be responsible for
26    providing  the treatment and services identified in the plan.
27    The plan shall be presented to the  court  for  its  approval
28    within  60  days  after  the court finding that the person is
29    appropriate for conditional release,  unless  the  Department
30    and  the  person  to  be  released request additional time to
31    develop the plan.
32        (g)(f)  The provisions of paragraph (b)(4) of Section  40
33    of  this Act apply to an order for conditional release issued
34    under this Section.
 
HB4116 Engrossed            -16-               LRB9112288RCpc
 1    (Source: P.A. 90-40, eff. 1-1-98.)

 2        Section 99.  Effective date.  This Act takes effect  upon
 3    becoming law.

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