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| Public Act 097-1075 | ||||
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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 65 and adding Section | ||||
21 as follows: | ||||
(725 ILCS 207/21 new) | ||||
Sec. 21. Service of petitions. If a person alleged to be a | ||||
sexually violent person is in the custody of or is being | ||||
supervised on parole or mandatory supervised release by the | ||||
Department of Corrections or Department of Juvenile Justice, a | ||||
petition filed under this Act may be served on the person by | ||||
personnel of the Department of Corrections or Department of | ||||
Juvenile Justice. Service may be proved by affidavit of the | ||||
person making service. The affidavit shall be returned to the | ||||
Attorney General or State's Attorney of the county where the | ||||
petition is pending for filing with the court.
Service provided | ||||
for in this Section is in addition to other manners of service | ||||
provided for in Section 20 of this Act and the Code of Civil | ||||
Procedure. | ||||
(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 | ||
his or her mental
condition within 6 months after an initial | ||
commitment under
Section 40 and then at least once every 12 | ||
months after an initial commitment under Section 40 thereafter | ||
for
the purpose of determining whether: (1) the person has made | ||
sufficient
progress in treatment to be conditionally released | ||
and (2) whether the person's condition has so changed since the | ||
most recent periodic reexamination (or initial commitment, if | ||
there has not yet been a periodic reexamination) that he or she | ||
is no longer a sexually violent person 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; 93-885, eff. 8-6-04.)
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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 12 6 months have | ||
elapsed since the
initial commitment order was entered, an | ||
order continuing commitment was entered pursuant to Section 65, | ||
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.
If the | ||
evaluator on behalf of the Department recommends that the | ||
committed person is appropriate for conditional release, then | ||
the director or designee shall, within 30 days of receipt of | ||
the evaluator's report, file with the committing court notice | ||
of his or her intention whether or not to petition for | ||
conditional release on the committed person's behalf.
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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, upon the | ||
request of the committed person or on the court's own motion, | ||
the court may
appoint an examiner 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
examiners' reports | ||
are filed. The probable cause hearing shall consist of a review | ||
of the examining evaluators' reports and arguments on behalf of | ||
the parties. If the court finds probable cause to believe the | ||
person has made sufficient progress in treatment to the point | ||
where he or she is no longer substantially probable to engage | ||
in acts of sexual violence if on conditional release If the | ||
court determines at the probable cause
hearing that cause | ||
exists to believe that it is not substantially probable that
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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 as | ||
soon as practical after the reports of all examiners are filed
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with the court. The
court shall grant the petition unless the | ||
State proves by clear
and convincing evidence that the person | ||
has not made sufficient progress in treatment to the point | ||
where he or she is no longer substantially probable to engage | ||
in acts of sexual violence if on conditional release to
be | ||
conditionally released. In making a decision under
this | ||
subsection, the court must consider the nature and
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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, and what
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 (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. 96-1128, eff. 1-1-11.)
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(725 ILCS 207/65)
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Sec. 65. Petition for discharge; procedure.
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(a)(1) If the Secretary determines at any time that a | ||
person
committed under this Act is no longer a sexually violent | ||
person,
the Secretary shall authorize the person to petition | ||
the
committing court for discharge. If the evaluator on behalf | ||
of the Department recommends that the committed person is no | ||
longer a sexually violent person, then the Secretary or | ||
designee shall, within 30 days of receipt of the evaluator's | ||
report, file with the committing court notice of his or her | ||
determination whether or not to authorize the committed person | ||
to petition the committing court for discharge. The person | ||
shall file the
petition with the court and serve a copy upon | ||
the Attorney General
or the State's Attorney's office that | ||
filed the petition under
subsection (a) of Section 15 of this | ||
Act, whichever is applicable. The court,
upon receipt of the | ||
petition for discharge, shall order a hearing
to be held as | ||
soon as practical after the date of receipt of the
petition.
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(2) At a hearing under this subsection, the Attorney | ||
General
or State's Attorney, whichever filed the original | ||
petition, shall
represent the State. The State has the right to | ||
have the person evaluated by experts chosen by the State and | ||
shall have the right to have the
petitioner examined by an | ||
expert or professional person of his or
her choice. 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. The
committed person | ||
or the State may elect to have the hearing
before a jury.
The | ||
State has the burden of proving by clear and convincing
| ||
evidence that the petitioner is still a sexually violent | ||
person.
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(3) If the court or jury is satisfied that the State has | ||
not met its
burden of proof under paragraph (a)(2) of this | ||
Section, the
petitioner shall be discharged from the custody or | ||
supervision of
the Department. If the court is satisfied that | ||
the State has met
its burden of proof under paragraph (a)(2), | ||
the court may proceed
under Section 40 of this Act to determine | ||
whether to modify the
petitioner's existing commitment order.
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(b)(1) A person may petition the committing court for | ||
discharge
from custody or supervision without the Secretary's | ||
approval. At
the time of an examination under subsection (a) of | ||
Section 55 of this Act, the
Secretary shall provide the | ||
committed person with a written notice
of the person's right to | ||
petition the court for discharge over the
Secretary's | ||
objection. The notice shall contain a waiver of
rights. The | ||
Secretary shall forward the notice and waiver form to
the court | ||
with the report of the Department's examination under
Section | ||
55 of this Act. If the person does not affirmatively
waive the | ||
right to petition, the court shall set a probable cause
hearing | ||
to determine whether facts exist to believe that since the most | ||
recent periodic reexamination (or initial commitment, if there | ||
has not yet been a periodic reexamination), the condition of | ||
the committed person has so changed that he or she is no longer | ||
a sexually violent person. However, if a person has previously | ||
filed a petition for discharge without the Secretary's approval | ||
and the court determined, either upon review of the petition or | ||
following a hearing, that the person's petition was frivolous | ||
or that the person was still a sexually violent person, then | ||
the court shall deny any subsequent petition under this Section | ||
without a hearing unless the petition contains facts upon which | ||
a court could reasonably find that the condition of the person | ||
had so changed that a hearing was warranted that warrant a | ||
hearing on
whether the person is still a sexually violent | ||
person.
If a
person does not file a petition for discharge, yet | ||
fails to waive the right to
petition under
this Section, then | ||
the probable cause hearing consists only of a review of
the
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reexamination reports and arguments on behalf of the parties.
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The
committed person has a right to have an attorney represent | ||
him or
her at the probable cause hearing, but the person is not | ||
entitled
to be present at the probable cause hearing.
The
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probable cause hearing under this Section must be held as soon | ||
as practical after the
filing of the
reexamination report under | ||
Section 55 of this Act.
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(2) If the court determines at the probable cause hearing
| ||
under paragraph (b)(1) of this Section that probable cause | ||
exists
to believe that since the most recent periodic | ||
reexamination (or initial commitment, if there has not yet been | ||
a periodic reexamination), the condition of the committed | ||
person has so changed that he or she is no longer a sexually
| ||
violent person, then the court shall set a hearing on the | ||
issue.
At a hearing under this Section, the committed person is | ||
entitled
to be present and to the benefit of the protections | ||
afforded to
the person under Section 25 of this Act.
The
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committed person or the State may elect to have a hearing under | ||
this Section
before a
jury. A verdict of a jury under this | ||
Section is not valid unless it is
unanimous.
The Attorney | ||
General or
State's Attorney, whichever filed the original | ||
petition, shall
represent the State at a hearing under this | ||
Section. The State has the right
to have the committed person | ||
evaluated by experts chosen by the
State.
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. At the hearing, the State has the burden | ||
of proving by
clear and convincing evidence that the committed | ||
person is still a
sexually violent person.
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(3) If the court or jury is satisfied that the State has | ||
not met its
burden of proof under paragraph (b)(2) of this | ||
Section, the
person shall be discharged from the custody or | ||
supervision of the
Department. If the court or jury is | ||
satisfied that the State has met its
burden of proof under | ||
paragraph (b)(2) of this Section, the court
may proceed under | ||
Section 40 of this Act to determine whether to
modify the | ||
person's existing commitment order.
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(c) This Section applies to petitions pending on the | ||
effective date of this amendatory Act of the 97th General | ||
Assembly and to petitions filed on or after that date. This | ||
provision is severable from the other provisions of this | ||
Section under Section 1.31 of the Statute on Statutes. | ||
(Source: P.A. 96-1128, eff. 1-1-11.)
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(725 ILCS 207/70 rep.)
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Section 10. The Sexually Violent Persons Commitment Act is | ||
amended by repealing Section 70. | ||
Section 15. The Unified Code of Corrections is amended by | ||
changing Sections 3-3-4 and 3-3-5 as follows:
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(730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
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Sec. 3-3-4. Preparation for Parole Hearing.
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(a) The Prisoner Review Board shall consider the parole
of | ||
each eligible person committed to the Adult Division at
least | ||
30 days prior to the date he shall first become
eligible for | ||
parole, and shall consider the parole of each
person committed | ||
to the Department of Juvenile Justice as a delinquent
at least | ||
30 days prior to the expiration of the first year
of | ||
confinement.
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(b) A person eligible for parole shall, no less than 15 | ||
days in advance of
his parole interview, prepare a parole plan | ||
in accordance
with the rules of the Prisoner Review Board. The | ||
person
shall be assisted in preparing his parole plan by | ||
personnel
of the Department of Corrections, or the Department | ||
of Juvenile Justice in the case of a person committed to that | ||
Department, and may, for this purpose, be released
on furlough | ||
under Article 11 or on authorized absence under
Section 3-9-4. | ||
The appropriate Department shall also provide
assistance in | ||
obtaining information and records helpful to
the individual for | ||
his parole hearing. If the person eligible for parole has a | ||
petition or any written submissions prepared on his or her | ||
behalf by an attorney or other representative, the attorney or | ||
representative for the person eligible for parole must serve by | ||
certified mail the State's Attorney of the county where he or | ||
she was prosecuted with the petition or any written submissions | ||
15 days after his or her parole interview. The State's Attorney | ||
shall provide the attorney for the person eligible for parole | ||
with a copy of his or her letter in opposition to parole via | ||
certified mail within 5 business days of the en banc hearing.
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(c) Any member of the Board shall have access at all
| ||
reasonable times to any committed person and to his master
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record file within the Department, and the Department shall
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furnish such a report to the Board
concerning the conduct and | ||
character of any such person prior to his or her parole | ||
interview.
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(d) In making its determination of parole, the Board
shall | ||
consider:
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(1) material transmitted to the Department of Juvenile | ||
Justice by the
clerk of the committing court under Section | ||
5-4-1 or Section
5-10 of the Juvenile Court Act or Section | ||
5-750 of the Juvenile
Court Act of 1987;
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(2) the report under Section 3-8-2 or 3-10-2;
| ||
(3) a report by the Department and any report by the
| ||
chief administrative officer of the institution or | ||
facility;
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(4) a parole progress report;
| ||
(5) a medical and psychological report, if requested
by | ||
the Board;
| ||
(6) material in writing, or on film, video tape or | ||
other electronic
means in the form of a recording submitted | ||
by the person whose parole
is being considered; and
| ||
(7) material in writing, or on film, video tape or | ||
other electronic
means in the form of a recording or | ||
testimony submitted by the State's
Attorney and the victim | ||
or a concerned citizen pursuant to the Rights of Crime | ||
Victims and Witnesses Act; and .
| ||
(8) the person's eligibility for commitment under the | ||
Sexually Violent Persons Commitment Act. | ||
(e) The prosecuting State's Attorney's office shall | ||
receive from the Board reasonable
written notice not less than | ||
30 days prior to the parole interview and may
submit relevant | ||
information by oral argument or testimony of victims and | ||
concerned citizens, or both, in writing, or on film, video tape | ||
or other
electronic means or in the form of a recording to the | ||
Board for its
consideration. Upon written request of the | ||
State's Attorney's office, the Prisoner Review Board shall hear | ||
protests to parole, except in counties of 1,500,000 or more | ||
inhabitants where there shall be standing objections to all | ||
such petitions. If a State's Attorney who represents a county | ||
of less than 1,500,000 inhabitants requests a protest hearing, | ||
the inmate's counsel or other representative shall also receive | ||
notice of such request.
This hearing shall take place the month | ||
following the inmate's parole interview. If the inmate's parole | ||
interview is rescheduled then the Prisoner Review Board shall | ||
promptly notify the State's Attorney of the new date. The | ||
person eligible for parole shall be heard at the next scheduled | ||
en banc hearing date. If the case is to be continued, the | ||
State's Attorney's office and the attorney or representative | ||
for the person eligible for parole will be notified of any | ||
continuance within 5 business days. The State's Attorney may | ||
waive the written notice.
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(f) The victim of the violent crime for which the prisoner | ||
has been
sentenced shall receive notice of a parole hearing as | ||
provided in paragraph
(4) of subsection (d) of Section 4.5 of | ||
the Rights of Crime Victims and Witnesses
Act.
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(g) Any recording considered under the provisions of | ||
subsection (d)(6),
(d)(7) or (e) of this Section shall be in | ||
the form designated by the Board.
Such recording shall be both | ||
visual and aural. Every voice on the
recording and person | ||
present shall be identified and the recording shall
contain | ||
either a visual or aural statement of the person submitting | ||
such
recording, the date of the recording and the name of the | ||
person whose
parole eligibility is being considered. Such | ||
recordings shall be retained by
the Board and shall be deemed | ||
to be submitted at any subsequent parole hearing
if the victim | ||
or State's Attorney submits in writing a declaration clearly
| ||
identifying such recording as representing the present | ||
position of the
victim or State's Attorney regarding the issues | ||
to be considered at the parole
hearing.
| ||
(h) The Board shall not release any material to the inmate, | ||
the inmate's attorney, any third party, or any other person | ||
containing any information from the victim or from a person | ||
related to the victim by blood, adoption, or marriage who has | ||
written objections, testified at any hearing, or submitted | ||
audio or visual objections to the inmate's parole, unless | ||
provided with a waiver from that objecting party. | ||
(Source: P.A. 96-875, eff. 1-22-10; 97-523, eff. 1-1-12.)
| ||
(730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
| ||
Sec. 3-3-5. Hearing and Determination.
| ||
(a) The Prisoner
Review Board shall meet as often as need | ||
requires to consider
the cases of persons eligible for parole. | ||
Except as otherwise
provided in paragraph (2) of subsection (a) | ||
of Section 3-3-2
of this Act, the Prisoner Review Board may | ||
meet and
order its actions in panels of 3 or more members. The | ||
action
of a majority of the panel shall be the action of the | ||
Board.
In consideration of persons committed to the Department | ||
of Juvenile Justice,
the panel shall have at least a majority | ||
of members experienced
in juvenile matters.
| ||
(b) If the person under consideration for parole is in the
| ||
custody of the Department, at least one member of the Board
| ||
shall interview him, and a report of that interview shall be
| ||
available for the Board's consideration. However, in the
| ||
discretion of the Board, the interview need not be conducted
if | ||
a psychiatric examination determines that the person could
not | ||
meaningfully contribute to the Board's consideration. The
| ||
Board may in its discretion parole a person who is then outside
| ||
the jurisdiction on his record without an interview. The Board
| ||
need not hold a hearing or interview a person who is paroled
| ||
under paragraphs (d) or (e) of this Section or released on
| ||
Mandatory release under Section 3-3-10.
| ||
(c) The Board shall not parole a person eligible for
parole | ||
if it determines that:
| ||
(1) there is a substantial risk that he will not
| ||
conform to reasonable conditions of parole; or
| ||
(2) his release at that time would deprecate the
| ||
seriousness of his offense or promote disrespect for the | ||
law; or
| ||
(3) his release would have a substantially adverse
| ||
effect on institutional discipline.
| ||
(d) A person committed under the Juvenile Court Act
or the | ||
Juvenile Court Act of 1987
who has not been sooner released | ||
shall be paroled on or before
his 20th birthday to begin | ||
serving a period of parole under
Section 3-3-8.
| ||
(e) A person who has served the maximum term of
| ||
imprisonment imposed at the time of sentencing less time
credit | ||
for good behavior shall be released on parole to
serve a period | ||
of parole under Section 5-8-1.
| ||
(f) The Board shall render its decision within a
reasonable | ||
time after hearing and shall state the basis
therefor both in | ||
the records of the Board and in written
notice to the person on | ||
whose application it has acted.
In its decision, the Board | ||
shall set the person's time
for parole, or if it denies parole | ||
it shall provide for
a rehearing not less frequently than once | ||
every
year, except that the Board may,
after denying parole,
| ||
schedule a rehearing no later than 5 years from the date of the | ||
parole
denial, if the Board finds that it is not reasonable to | ||
expect that parole
would be granted at a hearing prior to the | ||
scheduled rehearing date. If the
Board shall parole a person, | ||
and, if he is not released within 90 days from
the effective | ||
date of the order granting parole, the matter shall be
returned | ||
to the Board for review.
| ||
(f-1) If the Board paroles a person who is eligible for | ||
commitment as a sexually violent person, the effective date of | ||
the Board's order shall be stayed for 90 days for the purpose | ||
of evaluation and proceedings under the Sexually Violent | ||
Persons Commitment Act. | ||
(g) The Board shall maintain a registry of decisions in | ||
which parole
has been granted, which shall include the name and | ||
case number of the
prisoner, the highest charge for which the | ||
prisoner was sentenced, the
length of sentence imposed, the | ||
date of the sentence, the date of the
parole, and the basis for | ||
the decision of the Board to grant parole and the
vote of the | ||
Board on any such decisions. The registry shall be made | ||
available
for public inspection and copying during business | ||
hours and shall be a public
record pursuant to the provisions | ||
of the Freedom of Information Act.
| ||
(h) The Board shall promulgate rules regarding the exercise
| ||
of its discretion under this Section.
| ||
(Source: P.A. 96-875, eff. 1-22-10; 97-522, eff. 1-1-12.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||