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| Public Act 093-0885 |
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AN ACT concerning sexually violent persons.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Sexually Violent Persons Commitment Act is | ||||
amended by changing Sections 55, 60, and 75 as follows: | ||||
(725 ILCS 207/55)
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Sec. 55. Periodic reexamination; report.
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(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
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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.
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(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.
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(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.
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(d) Petitions for discharge after reexamination must | ||
follow the
procedure
outlined in
Section 65 of this Act.
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(Source: P.A. 93-616, eff. 1-1-04.)
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(725 ILCS 207/60)
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Sec. 60. Petition for conditional release.
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(a) Any person who is committed for institutional care in a
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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.
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(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.
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(c) Within 20 days after receipt of the petition, the court
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shall appoint one or more examiners having the specialized
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knowledge determined by the court to be appropriate, who shall
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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.
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(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
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arrangements are available to ensure that the person has access | ||
to
and will participate in necessary treatment.
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(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
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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
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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,
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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.
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(f) If the court finds that the person is appropriate for
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conditional release, the court shall notify the Department. The
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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.
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(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.
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(Source: P.A. 92-415, eff. 8-17-01; 93-616, eff. 1-1-04.)
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(725 ILCS 207/75)
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Sec. 75. Notice concerning conditional release,
or
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discharge, escape, death, or court-ordered change in the | ||
custody status of a detainee or civilly committed sexually | ||
violent person.
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(a) As used in this Section, the term:
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(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.
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(2) "Member of the family" means spouse, child, | ||
sibling,
parent, or legal guardian.
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(3) "Victim" means a person against whom an act of | ||
sexual
violence has been committed.
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(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
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notification under this Act or under the Rights of Crime | ||
Victims and Witnesses
Act:
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(1) Whichever of the following persons is appropriate | ||
in
accordance with the provisions of subsection (a)(3):
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(A) The victim of the act of sexual violence.
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(B) An adult member of the victim's family, if the | ||
victim
died as a result of the act of sexual violence.
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(C) The victim's parent or legal guardian, if the | ||
victim
is younger than 18 years old.
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(2) The Department of Corrections.
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(c) The notice under subsection (b) of this Section shall
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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
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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
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send the notice, postmarked at least 7 days before the date the
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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.
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(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
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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.
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(Source: P.A. 90-40, eff. 1-1-98; 90-793, eff. 8-14-98.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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