Illinois General Assembly - Full Text of Public Act 093-0885
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Public Act 093-0885


 

Public Act 0885 93RD GENERAL ASSEMBLY



 


 
Public Act 093-0885
 
SB3166 Enrolled LRB093 18346 RLC 44052 b

    AN ACT concerning sexually violent persons.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Sexually Violent Persons Commitment Act is
amended by changing Sections 55, 60, and 75 as follows:
 
    (725 ILCS 207/55)
    Sec. 55. Periodic reexamination; report.
    (a) If a person has been committed under Section 40 of this
Act and has not been discharged under Section 65 of this Act,
the Department shall submit a written report to the court on
conduct an examination of his or her mental condition within 6
months after an initial commitment under Section 40 and then at
least once every 12 months thereafter from the completion of
the last evaluation for the purpose of determining whether the
person has made sufficient progress to be conditionally
released or discharged. At the time of a reexamination under
this Section, the person who has been committed may retain or,
if he or she is indigent and so requests, the court may appoint
a qualified expert or a professional person to examine him or
her.
    (b) Any examiner conducting an examination under this
Section shall prepare a written report of the examination no
later than 30 days after the date of the examination. The
examiner shall place a copy of the report in the person's
health care records and shall provide a copy of the report to
the court that committed the person under Section 40. The
examination shall be conducted in conformance with the
standards developed under the Sex Offender Management Board Act
and by an evaluator approved by the Board.
    (c) Notwithstanding subsection (a) of this Section, the
court that committed a person under Section 40 may order a
reexamination of the person at any time during the period in
which the person is subject to the commitment order. Any
examiner conducting an examination under this Section shall
prepare a written report of the examination no later than 30
days after the date of the examination.
    (d) Petitions for discharge after reexamination must
follow the procedure outlined in Section 65 of this Act.
(Source: P.A. 93-616, eff. 1-1-04.)
 
    (725 ILCS 207/60)
    Sec. 60. Petition for conditional release.
    (a) Any person who is committed for institutional care in a
secure facility or other facility under Section 40 of this Act
may petition the committing court to modify its order by
authorizing conditional release if at least 6 months have
elapsed since the initial commitment order was entered, the
most recent release petition was denied or the most recent
order for conditional release was revoked. The director of the
facility at which the person is placed may file a petition
under this Section on the person's behalf at any time.
    (b) If the person files a timely petition without counsel,
the court shall serve a copy of the petition on the Attorney
General or State's Attorney, whichever is applicable and,
subject to paragraph (c)(1) of Section 25 of this Act, appoint
counsel. If the person petitions through counsel, his or her
attorney shall serve the Attorney General or State's Attorney,
whichever is applicable.
    (c) Within 20 days after receipt of the petition, the court
shall appoint one or more examiners having the specialized
knowledge determined by the court to be appropriate, who shall
examine the mental condition of the person and furnish a
written report of the examination to the court within 30 days
after appointment. The examiners shall have reasonable access
to the person for purposes of examination and to the person's
past and present treatment records and patient health care
records. If any such examiner believes that the person is
appropriate for conditional release, the examiner shall report
on the type of treatment and services that the person may need
while in the community on conditional release. The State has
the right to have the person evaluated by experts chosen by the
State. Any examination or evaluation conducted under this
Section shall be in conformance with the standards developed
under the Sex Offender Management Board Act and conducted by an
evaluator approved by the Board. The court shall set a probable
cause hearing as soon as practical after the examiner's report
is filed. If the court determines at the probable cause hearing
that cause exists to believe that it is not substantially
probable that the person will engage in acts of sexual violence
if on release or conditional release, the court shall set a
hearing on the issue.
    (d) The court, without a jury, shall hear the petition
within 30 days after the report of the court-appointed examiner
is filed with the court, unless the petitioner waives this time
limit. The court shall grant the petition unless the State
proves by clear and convincing evidence that the person has not
made sufficient progress to be conditionally released. In
making a decision under this subsection, the court must
consider the nature and circumstances of the behavior that was
the basis of the allegation in the petition under paragraph
(b)(1) of Section 15 of this Act, the person's mental history
and present mental condition, where the person will live, how
the person will support himself or herself and what
arrangements are available to ensure that the person has access
to and will participate in necessary treatment.
    (e) Before the court may enter an order directing
conditional release to a less restrictive alternative it must
find the following: (1) the person will be treated by a
Department approved treatment provider, (2) the treatment
provider has presented a specific course of treatment and has
agreed to assume responsibility for the treatment and will
report progress to the Department on a regular basis, and will
report violations immediately to the Department, consistent
with treatment and supervision needs of the respondent, (3)
housing exists that is sufficiently secure to protect the
community, and the person or agency providing housing to the
conditionally released person has agreed in writing to accept
the person, to provide the level of security required by the
court, and immediately to report to the Department if the
person leaves the housing to which he or she has been assigned
without authorization, (4) the person is willing to or has
agreed to comply with the treatment provider, the Department,
and the court, and (5) the person has agreed or is willing to
agree to comply with the behavioral monitoring requirements
imposed by the court and the Department.
    (f) If the court finds that the person is appropriate for
conditional release, the court shall notify the Department. The
Department shall prepare a plan that identifies the treatment
and services, if any, that the person will receive in the
community. The plan shall address the person's need, if any,
for supervision, counseling, medication, community support
services, residential services, vocational services, and
alcohol or other drug abuse treatment. The Department may
contract with a county health department, with another public
agency or with a private agency to provide the treatment and
services identified in the plan. The plan shall specify who
will be responsible for providing the treatment and services
identified in the plan. The plan shall be presented to the
court for its approval within 60 days after the court finding
that the person is appropriate for conditional release, unless
the Department and the person to be released request additional
time to develop the plan.
    (g) The provisions of paragraphs paragraph (b)(4), (b)(5),
and (b)(6) of Section 40 of this Act apply to an order for
conditional release issued under this Section.
(Source: P.A. 92-415, eff. 8-17-01; 93-616, eff. 1-1-04.)
 
    (725 ILCS 207/75)
    Sec. 75. Notice concerning conditional release, or
discharge, escape, death, or court-ordered change in the
custody status of a detainee or civilly committed sexually
violent person.
    (a) As used in this Section, the term:
        (1) "Act of sexual violence" means an act or attempted
    act that is a basis for an allegation made in a petition
    under paragraph (b)(1) of Section 15 of this Act.
        (2) "Member of the family" means spouse, child,
    sibling, parent, or legal guardian.
        (3) "Victim" means a person against whom an act of
    sexual violence has been committed.
    (b) If the court places a civilly committed sexually
violent person on conditional release under Section 40 or 60 of
this Act or discharges a person under Section 60 or 65, or if a
detainee or civilly committed sexually violent person escapes,
dies, or is subject to any court-ordered change in custody
status of the detainee or sexually violent person, the
Department shall make a reasonable attempt, if he or she can be
found, to notify all of the following who have requested
notification under this Act or under the Rights of Crime
Victims and Witnesses Act:
        (1) Whichever of the following persons is appropriate
    in accordance with the provisions of subsection (a)(3):
            (A) The victim of the act of sexual violence.
            (B) An adult member of the victim's family, if the
        victim died as a result of the act of sexual violence.
            (C) The victim's parent or legal guardian, if the
        victim is younger than 18 years old.
        (2) The Department of Corrections.
    (c) The notice under subsection (b) of this Section shall
inform the Department of Corrections and the person notified
under paragraph (b)(1) of this Section of the name of the
person committed under this Act and the date the person is
placed on conditional release, or discharged, or if a detainee
or civilly committed sexually violent person escapes, dies, or
is subject to any court-ordered change in the custody status of
the detainee or sexually violent person. The Department shall
send the notice, postmarked at least 7 days before the date the
person committed under this Act is placed on conditional
release, or discharged, or if a detainee or civilly committed
sexually violent person escapes, dies, or is subject to any
court-ordered change in the custody status of the detainee or
sexually violent person, unless unusual circumstances do not
permit advance written notification, to the Department of
Corrections and the last-known address of the person notified
under paragraph (b)(1) of this Section.
    (d) The Department shall design and prepare cards for
persons specified in paragraph (b)(1) of this Section to send
to the Department. The cards shall have space for these persons
to provide their names and addresses, the name of the person
committed under this Act and any other information the
Department determines is necessary. The Department shall
provide the cards, without charge, to the Attorney General and
State's Attorneys. The Attorney General and State's Attorneys
shall provide the cards, without charge, to persons specified
in paragraph (b)(1) of this Section. These persons may send
completed cards to the Department. All records or portions of
records of the Department that relate to mailing addresses of
these persons are not subject to inspection or copying under
Section 3 of the Freedom of Information Act.
(Source: P.A. 90-40, eff. 1-1-98; 90-793, eff. 8-14-98.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/6/2004