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90_HB3697ham003
LRB9010723RCksam10
1 AMENDMENT TO HOUSE BILL 3697
2 AMENDMENT NO. . Amend House Bill 3697, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT in relation to sex offenders."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Sex Offender Management Board Act is
8 amended by changing Sections 5, 10, and 15 as follows:
9 (20 ILCS 4026/5)
10 Sec. 5. Legislative declaration. The General Assembly
11 hereby declares that the comprehensive evaluation,
12 identification, counseling, and continued monitoring of sex
13 offenders who are subject to the supervision of the criminal
14 or juvenile justice systems or mental health systems is
15 necessary in order to work toward the elimination of
16 recidivism by such offenders. Therefore, the General
17 Assembly hereby creates a program which standardizes the
18 evaluation, identification, counseling, and continued
19 monitoring of sex offenders at each stage of the criminal or
20 juvenile justice systems or mental health systems so that
21 those offenders will curtail recidivistic behavior and the
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1 protection of victims and potential victims will be enhanced.
2 The General Assembly recognizes that some sex offenders
3 cannot or will not respond to counseling and that, in
4 creating the program described in this Act, the General
5 Assembly does not intend to imply that all sex offenders can
6 be successful in counseling.
7 (Source: P.A. 90-133, eff. 7-22-97.)
8 (20 ILCS 4026/10)
9 Sec. 10. Definitions. In this Act, unless the context
10 otherwise requires:
11 (a) "Board" means the Sex Offender Management Board
12 created in Section 15.
13 (b) "Sex offender" means any person who is convicted or
14 found delinquent in the State of Illinois, or under any
15 substantially similar federal law or law of another state, of
16 any sex offense or attempt of a sex offense as defined in
17 subsection (c) of this Section, or any former statute of this
18 State that defined a felony sex offense, or who has been
19 certified as a sexually dangerous person under the Sexually
20 Dangerous Persons Act or declared a sexually violent person
21 under the Sexually Violent Persons Commitment Act, or any
22 substantially similar federal law or law of another state.
23 (c) "Sex offense" means any felony or misdemeanor
24 offense described in this subsection (c) as follows:
25 (1) Indecent solicitation of a child, in violation
26 of Section 11-6 of the Criminal Code of 1961;
27 (2) Indecent solicitation of an adult, in violation
28 of Section 11-6.5 of the Criminal Code of 1961;
29 (3) Public indecency, in violation of Section 11-9
30 of the Criminal Code of 1961;
31 (4) Sexual exploitation of a child, in violation of
32 Section 11-9.1 of the Criminal Code of 1961;
33 (5) Sexual relations within families, in violation
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1 of Section 11-11 of the Criminal Code of 1961;
2 (6) Soliciting for a juvenile prostitute, in
3 violation of Section 11-15.1 of the Criminal Code of
4 1961;
5 (7) Keeping a place of juvenile prostitution, in
6 violation of Section 11-17.1 of the Criminal Code of
7 1961;
8 (8) Patronizing a juvenile prostitute, in violation
9 of Section 11-18.1 of the Criminal Code of 1961;
10 (9) Juvenile pimping, in violation of Section
11 11-19.1 of the Criminal Code of 1961;
12 (10) Exploitation of a child, in violation of
13 Section 11-19.2 of the Criminal Code of 1961;
14 (11) Child pornography, in violation of Section
15 11-20.1 of the Criminal Code of 1961;
16 (12) Harmful material, in violation of Section
17 11-21 of the Criminal Code of 1961;
18 (13) Criminal sexual assault, in violation of
19 Section 12-13 of the Criminal Code of 1961;
20 (14) Aggravated criminal sexual assault, in
21 violation of Section 12-14 of the Criminal Code of 1961;
22 (15) Predatory criminal sexual assault of a child,
23 in violation of Section 12-14.1 of the Criminal Code of
24 1961;
25 (16) Criminal sexual abuse, in violation of Section
26 12-15 of the Criminal Code of 1961;
27 (17) Aggravated criminal sexual abuse, in violation
28 of Section 12-16 of the Criminal Code of 1961;
29 (18) Ritualized abuse of a child, in violation of
30 Section 12-33 of the Criminal Code of 1961;
31 (19) An attempt to commit any of the offenses
32 enumerated in this subsection (c).
33 (d) "Management" means counseling, monitoring, and
34 supervision of any sex offender that conforms to the
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1 standards created by the Board under Section 15.
2 (Source: P.A. 90-133, eff. 7-22-97.)
3 (20 ILCS 4026/15)
4 Sec. 15. Sex Offender Management Board; creation;
5 duties.
6 (a) There is created the Sex Offender Management Board,
7 which shall consist of 20 members. The membership of the
8 Board shall consist of the following persons:
9 (1) Two members appointed by the Governor
10 representing the judiciary, one representing juvenile
11 court matters and one representing adult criminal court
12 matters;
13 (2) One member appointed by the Governor
14 representing Probation Services;
15 (3) One member appointed by the Governor
16 representing the Department of Corrections;
17 (4) One member appointed by the Governor
18 representing the Department of Human Services;
19 (5) One member appointed by the Governor
20 representing the Illinois State Police;
21 (6) One member appointed by the Governor
22 representing the Department of Children and Family
23 Services;
24 (7) One member appointed by the Attorney General
25 representing the Office of the Attorney General;
26 (8) Two members appointed by the Attorney General
27 who are licensed mental health professionals with
28 documented expertise in the treatment of sex offenders;
29 (9) Two members appointed by the Attorney General
30 who are State's Attorneys or assistant State's Attorneys,
31 one representing juvenile court matters and one
32 representing felony court matters;
33 (10) One member being the Cook County State's
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1 Attorney or his or her designee;
2 (11) One member being the Director of the State's
3 Attorneys Appellate Prosecutor or his or her designee;
4 (12) One member being the Cook County Public
5 Defender or his or her designee;
6 (13) Two members appointed by the Governor who are
7 representatives of law enforcement, one juvenile officer
8 and one sex crime investigator;
9 (14) Two members appointed by the Attorney General
10 who are recognized experts in the field of sexual assault
11 and who can represent sexual assault victims and victims'
12 rights organizations; and
13 (15) One member being the State Appellate Defender
14 or his or her designee.
15 (b) The Governor and the Attorney General shall appoint
16 a presiding officer for the Board from among the board
17 members appointed under subsection (a) of this Section, which
18 presiding officer shall serve at the pleasure of the Governor
19 and the Attorney General.
20 (c) Each member of the Board shall demonstrate
21 substantial expertise and experience in the field of sexual
22 assault.
23 (d) (1) Any member of the Board created in subsection
24 (a) of this Section who is appointed under paragraphs (1)
25 through (7) of subsection (a) of this Section shall serve at
26 the pleasure of the official who appointed that member, for a
27 term of 5 years and may be reappointed. The members shall
28 serve without additional compensation.
29 (2) Any member of the Board created in subsection
30 (a) of this Section who is appointed under paragraphs (8)
31 through (14) of subsection (a) of this Section shall
32 serve for a term of 5 years and may be reappointed. The
33 members shall serve without compensation.
34 (3) The travel costs associated with membership on
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1 the Board created in subsection (a) of this Section will
2 be reimbursed subject to availability of funds.
3 (e) The first meeting of this Board shall be held within
4 45 days of the effective date of this Act.
5 (f) The Board shall carry out the following duties:
6 (1) Not later than 18 months after the effective
7 date of this Act, the Board shall develop and prescribe
8 separate standardized procedures for the evaluation and
9 identification of the offender and recommend behavior
10 management, monitoring, and counseling based upon the
11 knowledge that sex offenders are extremely habituated and
12 that there is no known cure for the propensity to commit
13 sex abuse. The Board shall develop and implement
14 measures of success based upon a no-cure policy for
15 intervention. The Board shall develop and implement
16 methods of intervention for sex offenders which have as a
17 priority the physical and psychological safety of victims
18 and potential victims and which are appropriate to the
19 needs of the particular offender, so long as there is no
20 reduction of the safety of victims and potential victims.
21 (2) Not later than 18 months after the effective
22 date of this Act, the Board shall develop separate
23 guidelines and standards for a system of programs for the
24 counseling of both juvenile and adult sex offenders which
25 can be utilized by offenders who are placed on probation,
26 committed to the Department of Corrections or Department
27 of Human Services, or placed on mandatory supervised
28 release or parole. The programs developed under this
29 paragraph (f) shall be as flexible as possible so that
30 the programs may be utilized by each offender to prevent
31 the offender from harming victims and potential victims.
32 The programs shall be structured in such a manner that
33 the programs provide a continuing monitoring process as
34 well as a continuum of counseling programs for each
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1 offender as that offender proceeds through the justice
2 system. Also, the programs shall be developed in such a
3 manner that, to the extent possible, the programs may be
4 accessed by all offenders in the justice system.
5 (3) There is established the Sex Offender
6 Management Board Fund in the State Treasury into which
7 funds received from public or private sources shall be
8 deposited, and from which funds shall be appropriated to
9 the Sex Offender Management Board for planning and
10 research.
11 (4) The Board shall develop and prescribe a plan to
12 research and analyze the effectiveness of the evaluation,
13 identification, and counseling procedures and programs
14 developed under this Act. The Board shall also develop
15 and prescribe a system for implementation of the
16 guidelines and standards developed under paragraph (2) of
17 this subsection (f) and for tracking offenders who have
18 been subjected to evaluation, identification, and
19 counseling under this Act. In addition, the Board shall
20 develop a system for monitoring offender behaviors and
21 offender adherence to prescribed behavioral changes. The
22 results of the tracking and behavioral monitoring shall
23 be a part of any analysis made under this paragraph (4).
24 (g) The Board may promulgate rules as are necessary to
25 carry out the duties of the Board.
26 (h) The Board and the individual members of the Board
27 shall be immune from any liability, whether civil or
28 criminal, for the good faith performance of the duties of the
29 Board as specified in this Section.
30 (Source: P.A. 90-133, eff. 7-22-97.)
31 Section 10. The Sexually Violent Persons Commitment Act
32 is amended by changing Sections 15 and 30 as follows:
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1 (725 ILCS 207/15)
2 Sec. 15. Sexually violent person petition; contents;
3 filing.
4 (a) A petition alleging that a person is a sexually
5 violent person may be filed by one of the following:
6 (1) The Attorney General, at the request of the
7 agency with jurisdiction over the person, as defined in
8 subsection (a) of Section 10 of this Act, or on his or
9 her own motion. If the Attorney General, after
10 consulting with and advising the State's Attorney of the
11 county referenced in paragraph (a)(2) of this Section,
12 decides to file a petition under this Section, he or she
13 shall file the petition before the date of the release or
14 discharge of the person or within 30 days of placement
15 onto parole or mandatory supervised release for an
16 offense enumerated in paragraph (e) of Section 5 of this
17 Act.
18 (2) If the Attorney General does not file a
19 petition under this Section, the State's Attorney of the
20 county in which the person was convicted of a sexually
21 violent offense, adjudicated delinquent for a sexually
22 violent offense or found not guilty of or not responsible
23 for a sexually violent offense by reason of insanity,
24 mental disease, or mental defect may file a petition.
25 (3) The Attorney General and the State's Attorney
26 referenced in paragraph (a)(2) of this Section jointly.
27 (b) A petition filed under this Section shall allege
28 that all of the following apply to the person alleged to be a
29 sexually violent person:
30 (1) The person satisfies any of the following
31 criteria:
32 (A) The person has been convicted of a
33 sexually violent offense;
34 (B) The person has been found delinquent for a
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1 sexually violent offense; or
2 (C) The person has been found not guilty of a
3 sexually violent offense by reason of insanity,
4 mental disease, or mental defect.
5 (2) The person is within 90 days of discharge or
6 entry into mandatory supervised release from a Department
7 of Corrections correctional facility for a sentence that
8 was imposed upon a conviction for a sexually violent
9 offense or for a sentence that is being served
10 concurrently or consecutively with a sexually violent
11 offense or is within the initial 30 days of the person's
12 entry date into parole or mandatory supervised release;
13 or
14 (3) The person is within 90 days of discharge or
15 release from a Department of Corrections juvenile
16 correctional facility, if the person was placed in the
17 facility for being adjudicated delinquent under Section
18 5-20 of the Juvenile Court Act of 1987 on the basis of a
19 sexually violent offense or from a commitment order that
20 was entered as a result of a sexually violent offense.
21 (4) The person has a mental disorder.
22 (5) The person is dangerous to others because the
23 person's mental disorder creates a substantial
24 probability that he or she will engage in acts of sexual
25 violence.
26 (c) A petition filed under this Section shall state with
27 particularity essential facts to establish probable cause to
28 believe the person is a sexually violent person. If the
29 petition alleges that a sexually violent offense or act that
30 is a basis for the allegation under paragraph (b)(1) of this
31 Section was an act that was sexually motivated as provided
32 under paragraph (e)(2) of Section 5 of this Act, the petition
33 shall state the grounds on which the offense or act is
34 alleged to be sexually motivated.
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1 (d) A petition under this Section shall be filed in
2 either of the following:
3 (1) The circuit court for the county in which the
4 person was convicted of a sexually violent offense,
5 adjudicated delinquent for a sexually violent offense or
6 found not guilty of a sexually violent offense by reason
7 of insanity, mental disease or mental defect.
8 (2) The circuit court for the county in which the
9 person is in custody under a sentence, a placement to a
10 Department of Corrections correctional facility or
11 juvenile correctional facility, or a commitment order.
12 (Source: P.A. 90-40, eff. 1-1-98.)
13 (725 ILCS 207/30)
14 Sec. 30. Detention; probable cause hearing; transfer for
15 examination.
16 (a) Upon the filing of a petition under Section 15 of
17 this Act, the court shall review the petition to determine
18 whether to issue an order for detention of the person who is
19 the subject of the petition. The person shall be detained
20 only if there is cause to believe that the person is eligible
21 for commitment under subsection (f) of Section 35 of this
22 Act. A person detained under this Section shall be held in a
23 facility approved by the Department. If the person is
24 serving a sentence of imprisonment, is in a Department of
25 Corrections correctional facility or juvenile correctional
26 facility or is committed to institutional care, and the court
27 orders detention under this Section, the court shall order
28 that the person be transferred to a detention facility
29 approved by the Department. A detention order under this
30 Section remains in effect until the person is discharged
31 after a trial under Section 35 of this Act or until the
32 effective date of a commitment order under Section 40 of this
33 Act, whichever is applicable.
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1 (b) Whenever a petition is filed under Section 15 of
2 this Act, the court shall hold a hearing to determine whether
3 there is probable cause to believe that the person named in
4 the petition is a sexually violent person. If the person
5 named in the petition is in custody, the court shall hold the
6 probable cause hearing within 72 hours after the petition is
7 filed, excluding Saturdays, Sundays and legal holidays. The
8 court may grant a continuance of the probable cause hearing
9 for no more than 7 additional days upon the motion of the
10 respondent, for good cause. If the person named in the
11 petition has been released, is on parole, is on mandatory
12 supervised release, or otherwise is not in custody, the court
13 shall hold the probable cause hearing within a reasonable
14 time after the filing of the petition. At the probable cause
15 hearing, the court shall admit and consider all relevant
16 hearsay evidence.
17 (c) If the court determines after a hearing that there
18 is probable cause to believe that the person named in the
19 petition is a sexually violent person, the court shall order
20 that the person be taken into custody if he or she is not in
21 custody and shall order the person to be transferred within a
22 reasonable time to an appropriate facility for an evaluation
23 as to whether the person is a sexually violent person. If
24 the person named in the petition refuses to speak to,
25 communicate with, or otherwise fails to cooperate with the
26 expert from the Department of Human Services who is
27 conducting the evaluation, the person shall be prohibited
28 from introducing testimony or evidence from any expert or
29 professional person who is retained or court appointed to
30 conduct an evaluation of the person. Notwithstanding the
31 provisions of Section 10 of the Mental Health and
32 Developmental Disabilities Confidentiality Act, all
33 evaluations conducted pursuant to this Act and all Illinois
34 Department of Corrections treatment records shall be
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1 admissible at all proceedings held pursuant to this Act,
2 including the probable cause hearing and the trial.
3 If the court determines that probable cause does not
4 exist to believe that the person is a sexually violent
5 person, the court shall dismiss the petition.
6 (d) The Department shall promulgate rules that provide
7 the qualifications for persons conducting evaluations under
8 subsection (c) of this Section.
9 (e) If the person named in the petition claims or
10 appears to be indigent, the court shall, prior to the
11 probable cause hearing under subsection (b) of this Section,
12 appoint counsel.
13 (Source: P.A. 90-40, eff. 1-1-98.)
14 Section 15. The Unified Code of Corrections is amended
15 by changing Section 5-4-3 as follows:
16 (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
17 Sec. 5-4-3. Persons convicted of, or found delinquent
18 for, sexual offenses or institutionalized as sexually
19 dangerous; blood specimens; genetic marker groups.
20 (a) Any person convicted of, found delinquent for, or
21 who received a disposition of court supervision for, a sexual
22 offense or attempt of a sexual offense or institutionalized
23 as a sexually dangerous person under the Sexually Dangerous
24 Persons Act shall, regardless of the sentence or disposition
25 imposed, be required to submit specimens of blood to the
26 Illinois Department of State Police in accordance with the
27 provisions of this Section, provided such person is:
28 (1) convicted of a sexual offense or attempt of a
29 sexual offense on or after the effective date of this
30 amendatory Act of 1989, and sentenced to a term of
31 imprisonment, periodic imprisonment, fine, probation,
32 conditional discharge or any other form of sentence, or
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1 given a disposition of court supervision for the offense,
2 or
3 (1.5) found delinquent under the Juvenile Court Act
4 of 1987 for a sexual offense or attempt of a sexual
5 offense on or after the effective date of this amendatory
6 Act of 1996, or
7 (2) ordered institutionalized as a sexually
8 dangerous person on or after the effective date of this
9 amendatory Act of 1989, or
10 (3) convicted of a sexual offense or attempt of a
11 sexual offense before the effective date of this
12 amendatory Act of 1989 and is presently confined as a
13 result of such conviction in any State correctional
14 facility or county jail or is presently serving a
15 sentence of probation, conditional discharge or periodic
16 imprisonment as a result of such conviction, or
17 (4) presently institutionalized as a sexually
18 dangerous person or presently institutionalized as a
19 person found guilty but mentally ill of a sexual offense
20 or attempt to commit a sexual offense; or
21 (5) seeking transfer to or residency in Illinois
22 under Sections 3-3-11 through 3-3-11.5 of the Unified
23 Code of Corrections (Interstate Compact for the
24 Supervision of Parolees and Probationers) or the
25 Interstate Agreements on Sexually Dangerous Persons Act.
26 (b) Any person required by paragraphs (a)(1), (a)(1.5),
27 and (a)(2) to provide specimens of blood shall be ordered by
28 the Illinois Department of State Police court to have
29 specimens of blood collected within 45 days after sentencing
30 or disposition at a collection site designated by the
31 Illinois Department of State Police.
32 (c) Any person required by paragraphs (a)(3) and (a)(4)
33 to provide specimens of blood shall be required to provide
34 such samples prior to final discharge, parole, or release at
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1 a collection site designated by the Illinois Department of
2 State Police.
3 (c-5) Any person required by paragraph (a)(5) to provide
4 specimens of blood shall, where feasible, be required to
5 provide the specimens before being accepted for conditioned
6 residency in Illinois under the interstate compact or
7 agreement, but no later than 45 days after arrival in this
8 State.
9 (d) The Illinois Department of State Police shall
10 provide all equipment and instructions necessary for the
11 collection of blood samples. The collection of samples shall
12 be performed in a medically approved manner. Only a
13 physician authorized to practice medicine, a registered nurse
14 or other qualified person approved by the Illinois Department
15 of Public Health may withdraw blood for the purposes of this
16 Act. The samples shall thereafter be forwarded to the
17 Illinois Department of State Police, Division of Forensic
18 Services, for analysis and categorizing into genetic marker
19 groupings.
20 (e) The genetic marker groupings shall be maintained by
21 the Illinois Department of State Police, Division of Forensic
22 Services.
23 (f) The genetic marker grouping analysis information
24 obtained pursuant to this Act shall be confidential and shall
25 be released only to peace officers of the United States, of
26 other states or territories, of the insular possessions of
27 the United States, of foreign countries duly authorized to
28 receive the same, to all peace officers of the State of
29 Illinois and to all prosecutorial agencies. Notwithstanding
30 any other statutory provision to the contrary, all
31 information obtained under this Section shall be maintained
32 in a single data base and may not be subject to expungement.
33 (g) For the purposes of this Section, "sexual offense"
34 means any of the following:
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1 (1) Any violation of Sections 11-6, 11-9.1, 11-11,
2 11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2, 11-20.1,
3 12-13, 12-14, 12-14.1, 12-15, 12-16, or 12-33 of the
4 Criminal Code of 1961, or
5 (2) Any former statute of this State which defined
6 a felony sexual offense, or
7 (3) Any violation of paragraph (10) of subsection
8 (b) of Section 10-5 of the Criminal Code of 1961 when the
9 sentencing court, upon a motion by the State's Attorney
10 or Attorney General, makes a finding that the child
11 luring involved an intent to commit sexual penetration or
12 sexual conduct as defined in Section 12-12 of the
13 Criminal Code of 1961.
14 (h) The Illinois Department of State Police shall be the
15 State central repository for all genetic marker grouping
16 analysis information obtained pursuant to this Act. The
17 Illinois Department of State Police may promulgate rules for
18 the form and manner of the collection of blood samples and
19 other procedures for the operation of this Act. The
20 provisions of the Administrative Review Law shall apply to
21 all actions taken under the rules so promulgated.
22 (i) A person ordered by the Illinois Department of State
23 Police court to provide a blood specimen shall cooperate with
24 the collection of the specimen and any deliberate act by that
25 person intended to impede, delay or stop the collection of
26 the blood specimen is a Class A misdemeanor shall be
27 punishable as contempt of court.
28 (j) Any person required by subsection (a) to submit
29 specimens of blood to the Illinois Department of State Police
30 for analysis and categorization into genetic marker grouping,
31 in addition to any other disposition, penalty, or fine
32 imposed, shall pay an analysis fee of $500. Upon verified
33 petition of the person, the Illinois Department of State
34 Police court may suspend payment of all or part of the fee if
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1 it finds that the person does not have the ability to pay the
2 fee.
3 (k) All analysis and categorization fees provided for by
4 subsection (j) shall be regulated as follows:
5 (1) The State Offender DNA Identification System
6 Fund is hereby created as a special fund in the State
7 Treasury.
8 (2) All fees shall be collected by the Illinois
9 Department of State Police clerk of the court and
10 forwarded to the State Offender DNA Identification System
11 Fund for deposit. The Illinois Department of State
12 Police clerk of the circuit court may retain the amount
13 of $10 from each collected analysis fee to offset
14 administrative costs incurred in carrying out the
15 Department's clerk's responsibilities under this Section.
16 (3) Fees deposited into the State Offender DNA
17 Identification System Fund shall be used by Illinois
18 State Police crime laboratories as designated by the
19 Director of State Police. These funds shall be in
20 addition to any allocations made pursuant to existing
21 laws and shall be designated for the exclusive use of
22 State crime laboratories. These uses may include, but
23 are not limited to, the following:
24 (A) Costs incurred in providing analysis and
25 genetic marker categorization as required by
26 subsection (d).
27 (B) Costs incurred in maintaining genetic
28 marker groupings as required by subsection (e).
29 (C) Costs incurred in the purchase and
30 maintenance of equipment for use in performing
31 analyses.
32 (D) Costs incurred in continuing research and
33 development of new techniques for analysis and
34 genetic marker categorization.
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1 (E) Costs incurred in continuing education,
2 training, and professional development of forensic
3 scientists regularly employed by these laboratories.
4 (Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 12-13-95;
5 89-462, eff. 5-29-96; 89-550, eff. 1-1-97; 90-124, eff.
6 1-1-98; 90-130, eff. 1-1-98; revised 11-14-97.)
7 Section 20. The Mental Health and Developmental
8 Disabilities Confidentiality Act is amended by adding Section
9 9.3 as follows:
10 (740 ILCS 110/9.3 new)
11 Sec. 9.3. Disclosure without consent under the Sexually
12 Violent Persons Commitment Act. Disclosure may be made
13 without consent by any therapist providing mental health or
14 developmental disabilities services pursuant to the
15 provisions of the Sexually Violent Persons Commitment Act.
16 Disclosure may be made to the Attorney General, the State's
17 Attorney participating in the case, the court, and any other
18 party to whom the court directs disclosure to be made. The
19 information disclosed may include any records or
20 communications in the possession of the Department of
21 Corrections, if those records or communications were relied
22 upon by the therapist in providing mental health or
23 developmental disabilities services pursuant to the Sexually
24 Violent Persons Commitment Act.
25 Section 99. Effective date. This Act takes effect upon
26 becoming law.".