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91_HB3111
LRB9110626RCpk
1 AN ACT to amend the Sexually Violent Persons Commitment
2 Act by changing Sections 25 and 65.
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 25 and 65 as follows:
7 (725 ILCS 207/25)
8 Sec. 25. Rights of persons subject to petition.
9 (a) Any person who is the subject of a petition filed
10 under Section 15 of this Act shall be served with a copy of
11 the petition in accordance with the Civil Practice Law.
12 (b) The circuit court in which a petition under Section
13 15 of this Act is filed shall conduct all hearings under this
14 Act. The court shall give the person who is the subject of
15 the petition reasonable notice of the time and place of each
16 such hearing. The court may designate additional persons to
17 receive these notices.
18 (c) Except as provided in paragraph (b)(1) of Section 65
19 and Section 70 of this Act, at any hearing conducted under
20 this Act, the person who is the subject of the petition has
21 the right to:
22 (1) To be present and to be represented by counsel.
23 If the person is indigent, the court shall appoint
24 counsel from the Legal Advocacy Service of the
25 Guardianship and Advocacy Commission. The State shall be
26 responsible for the costs of court-appointed counsel for
27 indigent persons under this Act.
28 (2) Remain silent.
29 (3) Present and cross-examine witnesses.
30 (4) Have the hearing recorded by a court reporter.
31 (d) The person who is the subject of the petition, the
-2- LRB9110626RCpk
1 person's attorney, the Attorney General or the State's
2 Attorney may request that a trial under Section 35 of this
3 Act be to a jury. A verdict of a jury under this Act is not
4 valid unless it is unanimous.
5 (e) Whenever the person who is the subject of the
6 petition is required to submit to an examination under this
7 Act, he or she may retain experts or professional persons to
8 perform an examination. If the person retains a qualified
9 expert or professional person of his or her own choice to
10 conduct an examination, the examiner shall have reasonable
11 access to the person for the purpose of the examination, as
12 well as to the person's past and present treatment records
13 and patient health care records. If the person is indigent,
14 the court shall, upon the person's request, appoint a
15 qualified and available expert or professional person to
16 perform an examination. Upon the order of the circuit court,
17 the county shall pay, as part of the costs of the action, the
18 costs of a court-appointed expert or professional person to
19 perform an examination and participate in the trial on behalf
20 of an indigent person.
21 (Source: P.A. 90-40, eff. 1-1-98.)
22 (725 ILCS 207/65)
23 Sec. 65. Petition for discharge; procedure.
24 (a)(1) If the Secretary determines at any time that a
25 person committed under this Act is no longer a sexually
26 violent person, the Secretary shall authorize the person to
27 petition the committing court for discharge. The person
28 shall file the petition with the court and serve a copy upon
29 the Attorney General or the State's Attorney's office that
30 filed the petition under subsection (a) of Section 15 of this
31 Act, whichever is applicable. The court, upon receipt of the
32 petition for discharge, shall order a hearing to be held
33 within 45 days after the date of receipt of the petition.
-3- LRB9110626RCpk
1 (2) At a hearing under this subsection, the Attorney
2 General or State's Attorney, whichever filed the original
3 petition, shall represent the State and shall have the right
4 to have the petitioner examined by an expert or professional
5 person of his or her choice. The committed person or the
6 State may elect to have the hearing before a jury. The State
7 has the burden of proving by clear and convincing evidence
8 that the petitioner is still a sexually violent person.
9 (3) If the court is satisfied that the State has not met
10 its burden of proof under paragraph (a)(2) of this Section,
11 the petitioner shall be discharged from the custody or
12 supervision of the Department. If the court is satisfied
13 that the State has met its burden of proof under paragraph
14 (a)(2), the court may proceed under Section 40 of this Act to
15 determine whether to modify the petitioner's existing
16 commitment order.
17 (b)(1) A person may petition the committing court for
18 discharge from custody or supervision without the Secretary's
19 approval. At the time of an examination under subsection (a)
20 of Section 55 of this Act, the Secretary shall provide the
21 committed person with a written notice of the person's right
22 to petition the court for discharge over the Secretary's
23 objection. The notice shall contain a waiver of rights. The
24 Secretary shall forward the notice and waiver form to the
25 court with the report of the Department's examination under
26 Section 55 of this Act. If the person does not affirmatively
27 waive the right to petition, the court shall set a probable
28 cause hearing to determine whether facts exist that warrant a
29 hearing on whether the person is still a sexually violent
30 person. If a person does not file a petition for discharge,
31 yet fails to waive the right to petition under this Section,
32 then the probable cause hearing consists only of a review of
33 the reexamination reports and arguments on behalf of the
34 parties. The committed person has a right to have an attorney
-4- LRB9110626RCpk
1 represent him or her at the probable cause hearing, but the
2 person is not entitled to be present at the probable cause
3 hearing. If the committed person is indigent, he or she has a
4 right to be represented at the probable cause hearing by an
5 attorney from the Legal Advocacy Service of the Guardianship
6 and Advocacy Commission. The probable cause hearing under
7 this Section must be held within 45 days of the filing of the
8 reexamination report under Section 55 of this Act.
9 (2) If the court determines at the probable cause
10 hearing under paragraph (b)(1) of this Section that probable
11 cause exists to believe that the committed person is no
12 longer a sexually violent person, then the court shall set a
13 hearing on the issue. At a hearing under this Section, the
14 committed person is entitled to be present and to the benefit
15 of the protections afforded to the person under Section 25 of
16 this Act. The committed person or the State may elect to have
17 a hearing under this Section before a jury. A verdict of a
18 jury under this Section is not valid unless it is unanimous.
19 The Attorney General or State's Attorney, whichever filed the
20 original petition, shall represent the State at a hearing
21 under this Section. The State has the right to have the
22 committed person evaluated by experts chosen by the State.
23 At the hearing, the State has the burden of proving by clear
24 and 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; 91-227, eff. 1-1-00.)