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91_HB1098ham001
LRB9100797RCksam
1 AMENDMENT TO HOUSE BILL 1098
2 AMENDMENT NO. . Amend House Bill 1098, on page 1,
3 lines 2 and 6, by changing "Section 45" wherever it appears
4 to "Sections 15, 45, 55, 65, and 70"; and
5 on page 1, by inserting between lines 6 and 7 the following:
6 "(725 ILCS 207/15)
7 Sec. 15. Sexually violent person petition; contents;
8 filing.
9 (a) A petition alleging that a person is a sexually
10 violent person may be filed by:
11 (1) The Attorney General, at the request of the
12 agency with jurisdiction over the person, as defined in
13 subsection (a) of Section 10 of this Act, or on his or
14 her own motion. If the Attorney General, after
15 consulting with and advising the State's Attorney of the
16 county referenced in paragraph (a)(2) of this Section,
17 decides to file a petition under this Section, he or she
18 shall file the petition before the date of the release or
19 discharge of the person or within 30 days of placement
20 onto parole or mandatory supervised release for an
21 offense enumerated in paragraph (e) of Section 5 of this
22 Act.
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1 (2) If the Attorney General does not file a
2 petition under this Section, the State's Attorney of the
3 county in which the person was convicted of a sexually
4 violent offense, adjudicated delinquent for a sexually
5 violent offense or found not guilty of or not responsible
6 for a sexually violent offense by reason of insanity,
7 mental disease, or mental defect may file a petition.
8 (3) The Attorney General and the State's Attorney
9 referenced in paragraph (a)(2) of this Section jointly.
10 (b) A petition filed under this Section shall allege
11 that all of the following apply to the person alleged to be a
12 sexually violent person:
13 (1) The person satisfies any of the following
14 criteria:
15 (A) The person has been convicted of a
16 sexually violent offense;
17 (B) The person has been found delinquent for a
18 sexually violent offense; or
19 (C) The person has been found not guilty of a
20 sexually violent offense by reason of insanity,
21 mental disease, or mental defect.
22 (2) (Blank;) The person is within 90 days of
23 discharge or entry into mandatory supervised release from
24 a Department of Corrections correctional facility for a
25 sentence that was imposed upon a conviction for a
26 sexually violent offense or for a sentence that is being
27 served concurrently or consecutively with a sexually
28 violent offense or is within the initial 30 days of the
29 person's entry date into parole or mandatory supervised
30 release; or
31 (3) (Blank;) The person is within 90 days of
32 discharge or release from a Department of Corrections
33 juvenile correctional facility, if the person was placed
34 in the facility for being adjudicated delinquent under
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1 Section 5-20 of the Juvenile Court Act of 1987 (now
2 repealed) or found guilty under Section 5-620 of that
3 Act, on the basis of a sexually violent offense or from a
4 commitment order that was entered as a result of a
5 sexually violent offense.
6 (4) The person has a mental disorder.
7 (5) The person is dangerous to others because the
8 person's mental disorder creates a substantial
9 probability that he or she will engage in acts of sexual
10 violence.
11 (b-5) The petition must be filed:
12 (1) No more than 90 days before discharge or entry
13 into mandatory supervised release from a Department of
14 Corrections correctional facility for a sentence that was
15 imposed upon a conviction for a sexually violent offense,
16 or for a sentence that is being served concurrently or
17 consecutively with a sexually violent offense, and no
18 more than 30 days after the person's entry into parole or
19 mandatory supervised release; or
20 (2) No more than 90 days before discharge or
21 release:
22 (A) from a Department of Corrections juvenile
23 correctional facility if the person was placed in
24 the facility for being adjudicated delinquent under
25 Section 5-20 of the Juvenile Court Act of 1987 or
26 found guilty under Section 5-620 of that Act on the
27 basis of a sexually violent offense; or
28 (B) from a commitment order that was entered
29 as a result of a sexually violent offense.
30 (c) A petition filed under this Section shall state with
31 particularity essential facts to establish probable cause to
32 believe the person is a sexually violent person. If the
33 petition alleges that a sexually violent offense or act that
34 is a basis for the allegation under paragraph (b)(1) of this
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1 Section was an act that was sexually motivated as provided
2 under paragraph (e)(2) of Section 5 of this Act, the petition
3 shall state the grounds on which the offense or act is
4 alleged to be sexually motivated.
5 (d) A petition under this Section shall be filed in
6 either of the following:
7 (1) The circuit court for the county in which the
8 person was convicted of a sexually violent offense,
9 adjudicated delinquent for a sexually violent offense or
10 found not guilty of a sexually violent offense by reason
11 of insanity, mental disease or mental defect.
12 (2) The circuit court for the county in which the
13 person is in custody under a sentence, a placement to a
14 Department of Corrections correctional facility or
15 juvenile correctional facility, or a commitment order.
16 (Source: P.A. 90-40, eff. 1-1-98; 90-793, eff. 8-14-98;
17 revised 8-26-98.)"; and
18 on page 1, by inserting after line 23 the following:
19 "(725 ILCS 207/55)
20 Sec. 55. Periodic reexamination; report.
21 (a) If a person has been committed under Section 40 of
22 this Act and has not been discharged under Section 65 of this
23 Act, the Department shall conduct an examination of his or
24 her mental condition within 6 months after an initial
25 commitment under Section 40 and again thereafter at least
26 once each 12 months for the purpose of determining whether
27 the person has made sufficient progress to be conditionally
28 released or discharged. At the time of a reexamination under
29 this Section, the person who has been committed may retain
30 or, if he or she is indigent and so requests, the court may
31 appoint a qualified expert or a professional person to
32 examine him or her.
33 (b) Any examiner conducting an examination under this
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1 Section shall prepare a written report of the examination no
2 later than 30 days after the date of the examination. The
3 examiner shall place a copy of the report in the person's
4 health care records and shall provide a copy of the report to
5 the court that committed the person under Section 40.
6 (c) Notwithstanding subsection (a) of this Section, the
7 court that committed a person under Section 40 may order a
8 reexamination of the person at any time during the period in
9 which the person is subject to the commitment order.
10 (d) Petitions for discharge after reexamination must
11 follow the procedure outlined in Section 65 of this Act.
12 (Source: P.A. 90-40, eff. 1-1-98; 90-793, eff. 8-14-98.)
13 (725 ILCS 207/65)
14 Sec. 65. Petition for discharge; procedure.
15 (a)(1) If the Secretary determines at any time that a
16 person committed under this Act is no longer a sexually
17 violent person, the Secretary shall authorize the person to
18 petition the committing court for discharge. The person
19 shall file the petition with the court and serve a copy upon
20 the Attorney General or the State's Attorney's office that
21 filed the petition under subsection (a) of Section 15 of this
22 Act, whichever is applicable. The court, upon receipt of the
23 petition for discharge, shall order a hearing to be held
24 within 45 days after the date of receipt of the petition.
25 (2) At a hearing under this subsection, the Attorney
26 General or State's Attorney, whichever filed the original
27 petition, shall represent the State and shall have the right
28 to have the petitioner examined by an expert or professional
29 person of his or her choice. The committed person or the
30 State may elect to have the hearing before a jury. The
31 hearing shall be before the court without a jury. The State
32 has the burden of proving by clear and convincing evidence
33 that the petitioner is still a sexually violent person.
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1 (3) If the court is satisfied that the State has not met
2 its burden of proof under paragraph (a)(2) of this Section,
3 the petitioner shall be discharged from the custody or
4 supervision of the Department. If the court is satisfied
5 that the State has met its burden of proof under paragraph
6 (a)(2), the court may proceed under Section 40 of this Act to
7 determine whether to modify the petitioner's existing
8 commitment order.
9 (b)(1) A person may petition the committing court for
10 discharge from custody or supervision without the Secretary's
11 approval. At the time of an examination under subsection (a)
12 of Section 55 of this Act, the Secretary shall provide the
13 committed person with a written notice of the person's right
14 to petition the court for discharge over the Secretary's
15 objection. The notice shall contain a waiver of rights. The
16 Secretary shall forward the notice and waiver form to the
17 court with the report of the Department's examination under
18 Section 55 of this Act. If the person does not affirmatively
19 waive the right to petition, the court shall set a probable
20 cause hearing to determine whether facts exist that warrant a
21 hearing on whether the person is still a sexually violent
22 person. If a person does not file a petition for discharge,
23 yet fails to waive the right to petition under this Section,
24 then the probable cause hearing consists only of a review of
25 the reexamination reports and arguments on behalf of the
26 parties. The committed person has a right to have an attorney
27 represent him or her at the probable cause hearing, but the
28 person is not entitled to be present at the probable cause
29 hearing. The probable cause hearing under this Section must
30 be held within 45 days of the filing of the reexamination
31 report under Section 55 of this Act.
32 (2) If the court determines at the probable cause
33 hearing under paragraph (b)(1) of this Section that probable
34 cause exists to believe that the committed person is no
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1 longer a sexually violent person, then the court shall set a
2 hearing on the issue. At a hearing under this Section, the
3 committed person is entitled to be present and to the benefit
4 of the protections afforded to the person under Section 25 of
5 this Act. The committed person or the State may elect to have
6 a hearing under this Section before a jury. A verdict of a
7 jury under this Section is not valid unless it is unanimous.
8 The Attorney General or State's Attorney, whichever filed the
9 original petition, shall represent the State at a hearing
10 under this Section. The hearing under this Section shall be
11 to the court. The State has the right to have the committed
12 person evaluated by experts chosen by the State. At the
13 hearing, the State has the burden of proving by clear and
14 convincing evidence that the committed person is still a
15 sexually violent person.
16 (3) If the court is satisfied that the State has not met
17 its burden of proof under paragraph (b)(2) of this Section,
18 the person shall be discharged from the custody or
19 supervision of the Department. If the court is satisfied
20 that the State has met its burden of proof under paragraph
21 (b)(2) of this Section, the court may proceed under Section
22 40 of this Act to determine whether to modify the person's
23 existing commitment order.
24 (Source: P.A. 90-40, eff. 1-1-98.)
25 (725 ILCS 207/70)
26 Sec. 70. Additional discharge petitions. In addition to
27 the procedures under Section 65 of this Act, a committed
28 person may petition the committing court for discharge at any
29 time, and the court must set the matter for a probable cause
30 hearing; however, but if a person has previously filed a
31 petition for discharge without the Secretary's approval and
32 the court determined, either upon review of the petition or
33 following a hearing, that the person's petition was frivolous
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1 or that the person was still a sexually violent person, then
2 the court shall deny any subsequent petition under this
3 Section without a hearing unless the petition contains facts
4 upon which a court could find that the condition of the
5 person had so changed that a hearing was warranted. If the
6 court finds that a hearing is warranted, the court shall set
7 a probable cause hearing in accordance with paragraph (b)(1)
8 of Section 65 of this Act and continue proceedings under
9 paragraph (b)(2) of Section 65, if appropriate. If the
10 person has not previously filed a petition for discharge
11 without the Secretary's approval, the court shall set a
12 probable cause hearing in accordance with paragraph (b)(1) of
13 Section 65 and continue proceedings under paragraph (b)(2) of
14 Section 65, if appropriate.
15 (Source: P.A. 90-40, eff. 1-1-98.)".