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92_SB2197eng SB2197 Engrossed LRB9213482RCcd 1 AN ACT in relation to sexually dangerous persons. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Sexually Dangerous Persons Act is 5 amended by changing Sections 8 and 9 as follows: 6 (725 ILCS 205/8) (from Ch. 38, par. 105-8) 7 Sec. 8. If the respondent is found to be a sexually 8 dangerous person then the court shall appoint the Director of 9 Corrections guardian of the person found to be sexually 10 dangerous and such person shall stand committed to the 11 custody of such guardian. The Director of Corrections as 12 guardian shall keep safely the person so committed until the 13 person has recovered and is released as hereinafter provided. 14 The Director of Corrections as guardian shall provide care 15 and treatment for the person committed to him designed to 16 effect recovery. The Director may place that ward in any 17 facility in the Department of Corrections or portion thereof 18 set aside for the care and treatment of sexually dangerous 19 persons. The Department of Corrections may also request 20 another state Department or Agency to examine such person 21patientand upon such request, such Department or Agency 22 shall make such examination and the Department of Corrections 23 may, with the consent of the chief executive officer of such 24 other Department or Agency, thereupon place such person 25patientin the care and treatment of such other Department or 26 Agency. 27 (Source: P.A. 77-2477.) 28 (725 ILCS 205/9) (from Ch. 38, par. 105-9) 29 Sec. 9. An application in writing setting forth facts 30 showing that such sexually dangerous person or criminal SB2197 Engrossed -2- LRB9213482RCcd 1 sexual psychopathic person has recovered may be filed before 2 the committing court. Upon receipt thereof, the clerk of the 3 court shall cause a copy of the application to be sent to the 4 Director of the Department of Corrections. The Director shall 5 then cause to be prepared and sent to the court a 6 socio-psychiatric report concerning the applicant. The report 7 shall be prepared by a social worker and psychologist under 8 the supervision of a licensedthepsychiatrist, sociologist,9psychologist and warden of, orassigned to, the institution 10 wherein such applicant is confined. The court shall set a 11 date for the hearing upon such application and shall consider 12 the report so prepared under the direction of the Director of 13 the Department of Corrections and any other relevant 14 information submitted by or on behalf of such applicant. If 15 the personpatientis found to be no longer dangerous, the 16 court shall order that he be discharged. If the court finds 17 that the personpatientappears no longer to be dangerous but 18 that it is impossible to determine with certainty under 19 conditions of institutional care that such person has fully 20 recovered, the court shall enter an order permitting such 21 person to go at large subject to such conditions and such 22 supervision by the Director as in the opinion of the court 23 will adequately protect the public. In the event the person 24 violates any of the conditions of such order, the court shall 25 revoke such conditional release and recommit the person 26 pursuant to Section 5-6-4 of the Unified Code of Corrections 27 under the terms of the original commitment. Upon an order of 28 discharge every outstanding information and indictment, the 29 basis of which was the reason for the present detention, 30 shall be quashed. 31 (Source: P.A. 77-2477.) 32 Section 99. Effective date. This Act takes effect upon 33 becoming law.