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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
91_HB1098eng HB1098 Engrossed LRB9100797RCks 1 AN ACT to amend the Sexually Violent Persons Commitment 2 Act by changing Sections 15, 45, 55, 65, and 70. 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 15, 45, 55, 65, and 70 as 7 follows: 8 (725 ILCS 207/15) 9 Sec. 15. Sexually violent person petition; contents; 10 filing. 11 (a) A petition alleging that a person is a sexually 12 violent person may be filed by: 13 (1) The Attorney General, at the request of the 14 agency with jurisdiction over the person, as defined in 15 subsection (a) of Section 10 of this Act, or on his or 16 her own motion. If the Attorney General, after 17 consulting with and advising the State's Attorney of the 18 county referenced in paragraph (a)(2) of this Section, 19 decides to file a petition under this Section, he or she 20 shall file the petition before the date of the release or 21 discharge of the person or within 30 days of placement 22 onto parole or mandatory supervised release for an 23 offense enumerated in paragraph (e) of Section 5 of this 24 Act. 25 (2) If the Attorney General does not file a 26 petition under this Section, the State's Attorney of the 27 county in which the person was convicted of a sexually 28 violent offense, adjudicated delinquent for a sexually 29 violent offense or found not guilty of or not responsible 30 for a sexually violent offense by reason of insanity, 31 mental disease, or mental defect may file a petition. HB1098 Engrossed -2- LRB9100797RCks 1 (3) The Attorney General and the State's Attorney 2 referenced in paragraph (a)(2) of this Section jointly. 3 (b) A petition filed under this Section shall allege 4 that all of the following apply to the person alleged to be a 5 sexually violent person: 6 (1) The person satisfies any of the following 7 criteria: 8 (A) The person has been convicted of a 9 sexually violent offense; 10 (B) The person has been found delinquent for a 11 sexually violent offense; or 12 (C) The person has been found not guilty of a 13 sexually violent offense by reason of insanity, 14 mental disease, or mental defect. 15 (2) (Blank;)The person is within 90 days of16discharge or entry into mandatory supervised release from17a Department of Corrections correctional facility for a18sentence that was imposed upon a conviction for a19sexually violent offense or for a sentence that is being20served concurrently or consecutively with a sexually21violent offense or is within the initial 30 days of the22person's entry date into parole or mandatory supervised23release; or24 (3) (Blank;)The person is within 90 days of25discharge or release from a Department of Corrections26juvenile correctional facility, if the person was placed27in the facility for being adjudicated delinquent under28Section 5-20 of the Juvenile Court Act of 1987 (now29repealed) or found guilty under Section 5-620 of that30Act, on the basis of a sexually violent offense or from a31commitment order that was entered as a result of a32sexually violent offense.33 (4) The person has a mental disorder. 34 (5) The person is dangerous to others because the HB1098 Engrossed -3- LRB9100797RCks 1 person's mental disorder creates a substantial 2 probability that he or she will engage in acts of sexual 3 violence. 4 (b-5) The petition must be filed: 5 (1) No more than 90 days before discharge or entry 6 into mandatory supervised release from a Department of 7 Corrections correctional facility for a sentence that was 8 imposed upon a conviction for a sexually violent offense, 9 or for a sentence that is being served concurrently or 10 consecutively with a sexually violent offense, and no 11 more than 30 days after the person's entry into parole or 12 mandatory supervised release; or 13 (2) No more than 90 days before discharge or 14 release: 15 (A) from a Department of Corrections juvenile 16 correctional facility if the person was placed in 17 the facility for being adjudicated delinquent under 18 Section 5-20 of the Juvenile Court Act of 1987 or 19 found guilty under Section 5-620 of that Act on the 20 basis of a sexually violent offense; or 21 (B) from a commitment order that was entered 22 as a result of a sexually violent offense. 23 (c) A petition filed under this Section shall state with 24 particularity essential facts to establish probable cause to 25 believe the person is a sexually violent person. If the 26 petition alleges that a sexually violent offense or act that 27 is a basis for the allegation under paragraph (b)(1) of this 28 Section was an act that was sexually motivated as provided 29 under paragraph (e)(2) of Section 5 of this Act, the petition 30 shall state the grounds on which the offense or act is 31 alleged to be sexually motivated. 32 (d) A petition under this Section shall be filed in 33 either of the following: 34 (1) The circuit court for the county in which the HB1098 Engrossed -4- LRB9100797RCks 1 person was convicted of a sexually violent offense, 2 adjudicated delinquent for a sexually violent offense or 3 found not guilty of a sexually violent offense by reason 4 of insanity, mental disease or mental defect. 5 (2) The circuit court for the county in which the 6 person is in custody under a sentence, a placement to a 7 Department of Corrections correctional facility or 8 juvenile correctional facility, or a commitment order. 9 (Source: P.A. 90-40, eff. 1-1-98; 90-793, eff. 8-14-98; 10 revised 8-26-98.) 11 (725 ILCS 207/45) 12 Sec. 45. Deoxyribonucleic acid analysis requirements. 13 (a)(1) If a person is found to be a sexually violent 14 person under this Act, the court shall require the person 15 to provide a biological specimen for deoxyribonucleic 16 acid analysis in accordance with Section 5-4-3 of the 17 Unified Code of Corrections. 18 (2) The results from deoxyribonucleic acid analysis 19 of a specimen under paragraph (a)(1) of this Section may 20 be used only as authorized by Section 5-4-3 of the 21 Unified Code of Corrections. 22 (b) TheAttorney General shall promulgaterules adopted 23 by the Illinois Department of State Police under Section 24 5-4-3 of the Unified Code of Corrections are theproviding25forprocedures that must be followed for persons to provide 26 specimens under paragraph (a)(1) of this Section. 27 (Source: P.A. 90-40, eff. 1-1-98.) 28 (725 ILCS 207/55) 29 Sec. 55. Periodic reexamination; report. 30 (a) If a person has been committed under Section 40 of 31 this Act and has not been discharged under Section 65 of this 32 Act, the Department shall conduct an examination of his or HB1098 Engrossed -5- LRB9100797RCks 1 her mental condition within 6 months after an initial 2 commitment under Section 40 and again thereafter at least 3 once each 12 months for the purpose of determining whether 4 the person has made sufficient progress to be conditionally 5 released or discharged. At the time of a reexamination under 6 this Section, the person who has been committed may retain 7 or, if he or she is indigent and so requests, the court may 8 appoint a qualified expert or a professional person to 9 examine him or her. 10 (b) Any examiner conducting an examination under this 11 Section shall prepare a written report of the examination no 12 later than 30 days after the date of the examination. The 13 examiner shall place a copy of the report in the person's 14 health care records and shall provide a copy of the report to 15 the court that committed the person under Section 40. 16 (c) Notwithstanding subsection (a) of this Section, the 17 court that committed a person under Section 40 may order a 18 reexamination of the person at any time during the period in 19 which the person is subject to the commitment order. 20 (d) Petitions for discharge after reexamination must 21 follow the procedure outlined in Section 65 of this Act. 22 (Source: P.A. 90-40, eff. 1-1-98; 90-793, eff. 8-14-98.) 23 (725 ILCS 207/65) 24 Sec. 65. Petition for discharge; procedure. 25 (a)(1) If the Secretary determines at any time that a 26 person committed under this Act is no longer a sexually 27 violent person, the Secretary shall authorize the person to 28 petition the committing court for discharge. The person 29 shall file the petition with the court and serve a copy upon 30 the Attorney General or the State's Attorney's office that 31 filed the petition under subsection (a) of Section 15 of this 32 Act, whichever is applicable. The court, upon receipt of the 33 petition for discharge, shall order a hearing to be held HB1098 Engrossed -6- LRB9100797RCks 1 within 45 days after the date of receipt of the petition. 2 (2) At a hearing under this subsection, the Attorney 3 General or State's Attorney, whichever filed the original 4 petition, shall represent the State and shall have the right 5 to have the petitioner examined by an expert or professional 6 person of his or her choice. The committed person or the 7 State may elect to have the hearing before a jury.The8hearing shall be before the court without a jury.The State 9 has the burden of proving by clear and convincing evidence 10 that the petitioner is still a sexually violent person. 11 (3) If the court is satisfied that the State has not met 12 its burden of proof under paragraph (a)(2) of this Section, 13 the petitioner shall be discharged from the custody or 14 supervision of the Department. If the court is satisfied 15 that the State has met its burden of proof under paragraph 16 (a)(2), the court may proceed under Section 40 of this Act to 17 determine whether to modify the petitioner's existing 18 commitment order. 19 (b)(1) A person may petition the committing court for 20 discharge from custody or supervision without the Secretary's 21 approval. At the time of an examination under subsection (a) 22 of Section 55 of this Act, the Secretary shall provide the 23 committed person with a written notice of the person's right 24 to petition the court for discharge over the Secretary's 25 objection. The notice shall contain a waiver of rights. The 26 Secretary shall forward the notice and waiver form to the 27 court with the report of the Department's examination under 28 Section 55 of this Act. If the person does not affirmatively 29 waive the right to petition, the court shall set a probable 30 cause hearing to determine whether facts exist that warrant a 31 hearing on whether the person is still a sexually violent 32 person. If a person does not file a petition for discharge, 33 yet fails to waive the right to petition under this Section, 34 then the probable cause hearing consists only of a review of HB1098 Engrossed -7- LRB9100797RCks 1 the reexamination reports and arguments on behalf of the 2 parties. The committed person has a right to have an attorney 3 represent him or her at the probable cause hearing, but the 4 person is not entitled to be present at the probable cause 5 hearing. The probable cause hearing under this Section must 6 be held within 45 days of the filing of the reexamination 7 report under Section 55 of this Act. 8 (2) If the court determines at the probable cause 9 hearing under paragraph (b)(1) of this Section that probable 10 cause exists to believe that the committed person is no 11 longer a sexually violent person, then the court shall set a 12 hearing on the issue. At a hearing under this Section, the 13 committed person is entitled to be present and to the benefit 14 of the protections afforded to the person under Section 25 of 15 this Act. The committed person or the State may elect to have 16 a hearing under this Section before a jury. A verdict of a 17 jury under this Section is not valid unless it is unanimous. 18 The Attorney General or State's Attorney, whichever filed the 19 original petition, shall represent the State at a hearing 20 under this Section.The hearing under this Section shall be21to the court.The State has the right to have the committed 22 person evaluated by experts chosen by the State. At the 23 hearing, the State has the burden of proving by clear and 24 convincing evidence that the committed person is still a 25 sexually violent person. 26 (3) If the court is satisfied that the State has not met 27 its burden of proof under paragraph (b)(2) of this Section, 28 the person shall be discharged from the custody or 29 supervision of the Department. If the court is satisfied 30 that the State has met its burden of proof under paragraph 31 (b)(2) of this Section, the court may proceed under Section 32 40 of this Act to determine whether to modify the person's 33 existing commitment order. 34 (Source: P.A. 90-40, eff. 1-1-98.) HB1098 Engrossed -8- LRB9100797RCks 1 (725 ILCS 207/70) 2 Sec. 70. Additional discharge petitions. In addition to 3 the procedures under Section 65 of this Act, a committed 4 person may petition the committing court for discharge at any 5 time, and the court must set the matter for a probable cause 6 hearing; however,butif a person has previously filed a 7 petition for discharge without the Secretary's approval and 8 the court determined, either upon review of the petition or 9 following a hearing, that the person's petition was frivolous 10 or that the person was still a sexually violent person, then 11 the court shall deny any subsequent petition under this 12 Section without a hearing unless the petition contains facts 13 upon which a court could find that the condition of the 14 person had so changed that a hearing was warranted. If the 15 court finds that a hearing is warranted, the court shall set 16 a probable cause hearingin accordance with paragraph (b)(1)17of Section 65 of this Actand continue proceedings under 18 paragraph (b)(2) of Section 65, if appropriate. If the 19 person has not previously filed a petition for discharge 20 without the Secretary's approval, the court shall set a 21 probable cause hearingin accordance with paragraph (b)(1) of22Section 65and continue proceedings under paragraph (b)(2) of 23 Section 65, if appropriate. 24 (Source: P.A. 90-40, eff. 1-1-98.)