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90_SB0006ham001
LRB9000977RCmbam01
1 AMENDMENT TO SENATE BILL 6
2 AMENDMENT NO. . Amend Senate Bill 6 by replacing the
3 title with the following:
4 "AN ACT in relation to sexually violent persons."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 1. Short title. This Act may be cited as the
8 Sexually Violent Persons Commitment Act.
9 Section 5. Definitions. As used in this Act, the term:
10 (a) "Department" means the Department of Human Services.
11 (b) "Mental disorder" means a congenital or acquired
12 condition affecting the emotional or volitional capacity that
13 predisposes a person to engage in acts of sexual violence.
14 (c) "Secretary" means the Secretary of Human Services.
15 (d) "Sexually motivated" means that one of the purposes
16 for an act is for the actor's sexual arousal or
17 gratification.
18 (e) "Sexually violent offense" means any of the
19 following:
20 (1) Any crime specified in Section 12-13, 12-14,
21 12-14.1, or 12-16 of the Criminal Code of 1961; or
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1 (2) First degree murder, if it is determined by the
2 agency with jurisdiction to have been sexually motivated;
3 or
4 (3) Any solicitation, conspiracy or attempt to
5 commit a crime under paragraph (e)(1) or (e)(2) of this
6 Section.
7 (f) "Sexually violent person" means a person who has
8 been convicted of a sexually violent offense, has been
9 adjudicated delinquent for a sexually violent offense, or has
10 been found not guilty of or not responsible for a sexually
11 violent offense by reason of insanity, mental disease or
12 mental defect, and who is dangerous because he or she suffers
13 from a mental disorder that makes it substantially probable
14 that the person will engage in acts of sexual violence.
15 Section 10. Notice to the Attorney General and State's
16 Attorney.
17 (a) In this Act, "agency with jurisdiction" means the
18 agency with the authority or duty to release or discharge the
19 person.
20 (b) If an agency with jurisdiction has control or
21 custody over a person who may meet the criteria for
22 commitment as a sexually violent person, the agency with
23 jurisdiction shall inform the Attorney General and the
24 State's Attorney in a position to file a petition under
25 paragraph (a)(2) of Section 15 of this Act regarding the
26 person as soon as possible beginning 3 months prior to the
27 applicable date of the following:
28 (1) The anticipated release from imprisonment or
29 the anticipated entry into mandatory supervised release
30 of a person who has been convicted of a sexually violent
31 offense.
32 (2) The anticipated release from a Department of
33 Corrections correctional facility or juvenile
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1 correctional facility of a person adjudicated delinquent
2 under Section 5-20 of the Juvenile Court Act of 1987 on
3 the basis of a sexually violent offense.
4 (3) The discharge or conditional release of a
5 person who has been found not guilty of a sexually
6 violent offense by reason of insanity, mental disease or
7 mental defect under Section 5-2-4 of the Unified Code of
8 Corrections.
9 (c) The agency with jurisdiction shall provide the
10 Attorney General and the State's Attorney with all of the
11 following:
12 (1) The person's name, identifying factors,
13 anticipated future residence and offense history;
14 (2) A comprehensive evaluation of the person's
15 mental condition, the basis upon which a determination
16 has been made that the person is subject to commitment
17 under subsection (b) of Section 15 of this Act and a
18 recommendation for action in furtherance of the purposes
19 of this Act; and
20 (3) If applicable, documentation of any treatment
21 and the person's adjustment to any institutional
22 placement.
23 (d) Any agency or officer, employee or agent of an
24 agency is immune from criminal or civil liability for any
25 acts or omissions as the result of a good faith effort to
26 comply with this Section.
27 Section 15. Sexually violent person petition; contents;
28 filing.
29 (a) A petition alleging that a person is a sexually
30 violent person may be filed by one of the following:
31 (1) The Attorney General, at the request of the
32 agency with jurisdiction over the person, as defined in
33 subsection (a) of Section 10 of this Act, or on his or
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1 her own motion. If the Attorney General, after
2 consulting with and advising the State's Attorney of the
3 county referenced in paragraph (a)(2) of this Section,
4 decides to file a petition under this Section, he or she
5 shall file the petition before the date of the release or
6 discharge of the person.
7 (2) If the Attorney General does not file a
8 petition under this Section, the State's Attorney of the
9 county in which the person was convicted of a sexually
10 violent offense, adjudicated delinquent for a sexually
11 violent offense or found not guilty of or not responsible
12 for a sexually violent offense by reason of insanity,
13 mental disease, or mental defect may file a petition.
14 (b) A petition filed under this Section shall allege
15 that all of the following apply to the person alleged to be a
16 sexually violent person:
17 (1) The person satisfies any of the following
18 criteria:
19 (A) The person has been convicted of a
20 sexually violent offense.
21 (B) The person has been found delinquent for a
22 sexually violent offense.
23 (C) The person has been found not guilty of a
24 sexually violent offense by reason of insanity,
25 mental disease, or mental defect.
26 (2) The person is within 90 days of discharge or
27 entry into mandatory supervised release from a Department
28 of Corrections correctional facility for a sentence that
29 was imposed upon a conviction for a sexually violent
30 offense.
31 (3) The person is within 90 days of discharge or
32 release from a Department of Corrections juvenile
33 correctional facility, if the person was placed in the
34 facility for being adjudicated delinquent under Section
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1 5-20 of the Juvenile Court Act of 1987 on the basis of a
2 sexually violent offense or from a commitment order that
3 was entered as a result of a sexually violent offense.
4 (4) The person has a mental disorder.
5 (5) The person is dangerous to others because the
6 person's mental disorder creates a substantial
7 probability that he or she will engage in acts of sexual
8 violence.
9 (c) A petition filed under this Section shall state with
10 particularity essential facts to establish probable cause to
11 believe the person is a sexually violent person. If the
12 petition alleges that a sexually violent offense or act that
13 is a basis for the allegation under paragraph (b)(1) of this
14 Section was an act that was sexually motivated as provided
15 under paragraph (e)(2) of Section 5 of this Act, the petition
16 shall state the grounds on which the offense or act is
17 alleged to be sexually motivated.
18 (d) A petition under this Section shall be filed in
19 either of the following:
20 (1) The circuit court for the county in which the
21 person was convicted of a sexually violent offense,
22 adjudicated delinquent for a sexually violent offense or
23 found not guilty of a sexually violent offense by reason
24 of insanity, mental disease or mental defect.
25 (2) The circuit court for the county in which the
26 person is in custody under a sentence, a placement to a
27 Department of Corrections correctional facility or
28 juvenile correctional facility, or a commitment order.
29 Section 20. Civil nature of proceedings. The proceedings
30 under this Act shall be civil in nature. The provisions of
31 the Civil Practice Law, and all existing and future
32 amendments of that Law shall apply to all proceedings
33 hereunder except as otherwise provided in this Act.
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1 Section 25. Rights of persons subject to petition.
2 (a) Any person who is the subject of a petition filed
3 under Section 15 of this Act shall be served with a copy of
4 the petition.
5 (b) The circuit court in which a petition under Section
6 15 of this Act is filed shall conduct all hearings under this
7 Act. The court shall give the person who is the subject of
8 the petition reasonable notice of the time and place of each
9 such hearing. The court may designate additional persons to
10 receive these notices.
11 (c) Except as provided in paragraph (b)(1) of Section 65
12 and Section 70 of this Act, at any hearing conducted under
13 this Act, the person who is the subject of the petition has
14 the right to:
15 (1) Counsel. If the person is indigent, the court
16 shall appoint counsel.
17 (2) Remain silent.
18 (3) Present and cross-examine witnesses.
19 (4) Have the hearing recorded by a court reporter.
20 (d) The person who is the subject of the petition, the
21 person's attorney, the Attorney General or the State's
22 Attorney may request that a trial under Section 35 of this
23 Act be to a jury. A verdict of a jury under this Act is not
24 valid unless it is unanimous.
25 (e) Whenever the person who is the subject of the
26 petition is required to submit to an examination under this
27 Act, he or she may retain experts or professional persons to
28 perform an examination. If the person retains a qualified
29 expert or professional person of his or her own choice to
30 conduct an examination, the examiner shall have reasonable
31 access to the person for the purpose of the examination, as
32 well as to the person's past and present treatment records
33 and patient health care records. If the person is indigent,
34 the court shall, upon the person's request, appoint a
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1 qualified and available expert or professional person to
2 perform an examination. Upon the order of the circuit court,
3 the county shall pay, as part of the costs of the action, the
4 costs of a court-appointed expert or professional person to
5 perform an examination and participate in the trial on behalf
6 of an indigent person.
7 (f) Upon a showing by the proponent of good cause,
8 testimony may be received into the record of a hearing under
9 this Section by telephone or live audio-visual means.
10 Section 30. Detention; probable cause hearing; transfer
11 for examination.
12 (a) Upon the filing of a petition under Section 15 of
13 this Act, the court shall review the petition to determine
14 whether to issue an order for detention of the person who is
15 the subject of the petition. The person shall be detained
16 only if there is cause to believe that the person is eligible
17 for commitment under subsection (f) of Section 35 of this
18 Act. A person detained under this Section shall be held in a
19 facility approved by the Department. If the person is
20 serving a sentence of imprisonment, is in a Department of
21 Corrections correctional facility or juvenile correctional
22 facility or is committed to institutional care, and the court
23 orders detention under this Section, the court shall order
24 that the person be transferred to a detention facility
25 approved by the Department. A detention order under this
26 Section remains in effect until the person is discharged
27 after a trial under Section 35 of this Act or until the
28 effective date of a commitment order under Section 40 of this
29 Act, whichever is applicable.
30 (b) Whenever a petition is filed under Section 15 of
31 this Act, the court shall hold a hearing to determine whether
32 there is probable cause to believe that the person named in
33 the petition is a sexually violent person. If the person
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1 named in the petition is in custody, the court shall hold the
2 probable cause hearing within 72 hours after the petition is
3 filed, excluding Saturdays, Sundays and legal holidays. If
4 the person named in the petition is not in custody, the court
5 shall hold the probable cause hearing within a reasonable
6 time after the filing of the petition.
7 (c) If the court determines after a hearing that there
8 is probable cause to believe that the person named in the
9 petition is a sexually violent person, the court shall order
10 that the person be taken into custody if he or she is not in
11 custody and shall order the person to be transferred within a
12 reasonable time to an appropriate facility for an evaluation
13 as to whether the person is a sexually violent person. If
14 the court determines that probable cause does not exist to
15 believe that the person is a sexually violent person, the
16 court shall dismiss the petition.
17 (d) The Department shall promulgate rules that provide
18 the qualifications for persons conducting evaluations under
19 subsection (c) of this Section.
20 (e) If the person named in the petition claims or
21 appears to be indigent, the court shall, prior to the
22 probable cause hearing under subsection (b) of this Section,
23 appoint counsel.
24 Section 35. Trial.
25 (a) A trial to determine whether the person who is the
26 subject of a petition under Section 15 of this Act is a
27 sexually violent person shall commence no later than 45 days
28 after the date of the probable cause hearing under Section 30
29 of this Act. The court may grant a continuance of the trial
30 date for good cause upon its own motion, the motion of any
31 party or the stipulation of the parties.
32 (b) At the trial to determine whether the person who is
33 the subject of a petition under Section 15 of this Act is a
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1 sexually violent person, all rules of evidence in criminal
2 actions apply. All constitutional rights available to a
3 defendant in a criminal proceeding are available to the
4 person.
5 (c) The person who is the subject of the petition, the
6 person's attorney, the Attorney General or the State's
7 Attorney may request that a trial under this Section be by a
8 jury. A request for a jury trial under this subsection shall
9 be made within 10 days after the probable cause hearing under
10 Section 30 of this Act. If no request is made, the trial
11 shall be by the court. The person, the person's attorney or
12 the Attorney General or State's Attorney, whichever is
13 applicable, may withdraw his or her request for a jury trial
14 if the party that did not make the request consents to the
15 withdrawal.
16 (d) (1) At a trial on a petition under this Act, the
17 petitioner has the burden of proving the allegations in
18 the petition beyond a reasonable doubt.
19 (2) It shall be competent to introduce evidence of
20 the commission by the respondent of any number of crimes
21 together with whatever punishments, if any, were
22 inflicted.
23 (3) If the state alleges that the sexually violent
24 offense or act that forms the basis for the petition was
25 an act that was sexually motivated as provided in
26 paragraph (e)(2) of Section 5 of this Act, the state is
27 required to prove beyond a reasonable doubt that the
28 alleged sexually violent act was sexually motivated.
29 (e) Evidence that the person who is the subject of a
30 petition under Section 15 of this Act was convicted for or
31 committed sexually violent offenses before committing the
32 offense or act on which the petition is based is not
33 sufficient to establish beyond a reasonable doubt that the
34 person has a mental disorder.
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1 (f) If the court or jury determines that the person who
2 is the subject of a petition under Section 15 is a sexually
3 violent person, the court shall enter a judgment on that
4 finding and shall commit the person as provided under Section
5 40 of this Act. If the court or jury is not satisfied beyond
6 a reasonable doubt that the person is a sexually violent
7 person, the court shall dismiss the petition and direct that
8 the person be released unless he or she is under some other
9 lawful restriction.
10 (g) A judgment entered under subsection (f) of this
11 Section on the finding that the person who is the subject of
12 a petition under Section 15 is a sexually violent person is
13 interlocutory to a commitment order under Section 40 and is
14 reviewable on appeal.
15 Section 40. Commitment.
16 (a) If a court or jury determines that the person who is
17 the subject of a petition under Section 15 of this Act is a
18 sexually violent person, the court shall order the person to
19 be committed to the custody of the Department for control,
20 care and treatment until such time as the person is no longer
21 a sexually violent person.
22 (b) (1) The court shall enter an initial commitment
23 order under this Section pursuant to a hearing held as
24 soon as practicable after the judgment is entered that
25 the person who is the subject of a petition under Section
26 15 is a sexually violent person. If the court lacks
27 sufficient information to make the determination required
28 by paragraph (b)(2) of this Section immediately after
29 trial, it may adjourn the hearing and order the
30 Department to conduct a predisposition investigation or a
31 supplementary mental examination, or both, to assist the
32 court in framing the commitment order. A supplementary
33 mental examination under this Section shall be conducted
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1 in accordance with Section 3-804 of the Mental Health and
2 Developmental Disabilities Code.
3 (2) An order for commitment under this Section
4 shall specify either institutional care in a secure
5 facility, as provided under Section 50 of this Act, or
6 conditional release. In determining whether commitment
7 shall be for institutional care in a secure facility or
8 for conditional release, the court may consider the
9 nature and circumstances of the behavior that was the
10 basis of the allegation in the petition under paragraph
11 (b)(1) of Section 15, the person's mental history and
12 present mental condition, where the person will live, how
13 the person will support himself or herself, and what
14 arrangements are available to ensure that the person has
15 access to and will participate in necessary treatment.
16 The Department shall arrange for control, care and
17 treatment of the person in the least restrictive manner
18 consistent with the requirements of the person and in
19 accordance with the court's commitment order.
20 (3) If the court finds that the person is
21 appropriate for conditional release, the court shall
22 notify the Department. The Department shall prepare a
23 plan that identifies the treatment and services, if any,
24 that the person will receive in the community. The plan
25 shall address the person's need, if any, for supervision,
26 counseling, medication, community support services,
27 residential services, vocational services, and alcohol or
28 other drug abuse treatment. The Department may contract
29 with a county health department, with another public
30 agency or with a private agency to provide the treatment
31 and services identified in the plan. The plan shall
32 specify who will be responsible for providing the
33 treatment and services identified in the plan. The plan
34 shall be presented to the court for its approval within
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1 21 days after the court finding that the person is
2 appropriate for conditional release, unless the
3 Department and the person to be released request
4 additional time to develop the plan.
5 (4) An order for conditional release places the
6 person in the custody and control of the Department. A
7 person on conditional release is subject to the
8 conditions set by the court and to the rules of the
9 Department. Before a person is placed on conditional
10 release by the court under this Section, the court shall
11 so notify the municipal police department and county
12 sheriff for the municipality and county in which the
13 person will be residing. The notification requirement
14 under this Section does not apply if a municipal police
15 department or county sheriff submits to the court a
16 written statement waiving the right to be notified. If
17 the Department alleges that a released person has
18 violated any condition or rule, or that the safety of
19 others requires that conditional release be revoked, he
20 or she may be taken into custody under the rules of the
21 Department. The Department shall submit a statement
22 showing probable cause of the detention and a petition to
23 revoke the order for conditional release to the
24 committing court within 48 hours after the detention.
25 The court shall hear the petition within 30 days, unless
26 the hearing or time deadline is waived by the detained
27 person. Pending the revocation hearing, the Department
28 may detain the person in a jail, in a hospital or
29 treatment facility. The State has the burden of proving
30 by clear and convincing evidence that any rule or
31 condition of release has been violated, or that the
32 safety of others requires that the conditional release be
33 revoked. If the court determines after hearing that any
34 rule or condition of release has been violated, or that
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1 the safety of others requires that conditional release be
2 revoked, it may revoke the order for conditional release
3 and order that the released person be placed in an
4 appropriate institution until the person is discharged
5 from the commitment under Section 65 of this Act or until
6 again placed on conditional release under Section 60 of
7 this Act.
8 Section 45. Deoxyribonucleic acid analysis requirements.
9 (a)(1) If a person is found to be a sexually violent
10 person under this Act, the court shall require the person
11 to provide a biological specimen for deoxyribonucleic
12 acid analysis.
13 (2) The results from deoxyribonucleic acid analysis
14 of a specimen under paragraph (a)(1) of this Section may
15 be used only as authorized.
16 (b) The Attorney General shall promulgate rules
17 providing for procedures for persons to provide specimens
18 under paragraph (a)(1) of this Section.
19 Section 50. Secure facility for sexually violent
20 persons.
21 (a) The Department shall place a person committed to a
22 secure facility under paragraph (b)(2) of Section 40 of this
23 Act at a facility provided by the Department of Corrections
24 under subsection (b) of this Section.
25 (b) The Department may enter into an agreement with the
26 Department of Corrections for the provision of a secure
27 facility for persons committed under paragraph (b)(2) of
28 Section 40 of this Act to a facility. The Department shall
29 operate the facility provided by the Department of
30 Corrections under this subsection and shall provide by rule
31 for the nature of the facility, the level of care to be
32 provided in the facility, and the custody and discipline of
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1 persons placed in the facility. The facility operated under
2 this Section shall not be subject to the provisions of the
3 Mental Health and Developmental Disabilities Code.
4 Section 55. Periodic reexamination; report.
5 (a) If a person has been committed under Section 40 of
6 this Act and has not been discharged under Section 65 of this
7 Act, the Department shall conduct an examination of his or
8 her mental condition within 6 months after an initial
9 commitment under Section 40 and again thereafter at least
10 once each 12 months for the purpose of determining whether
11 the person has made sufficient progress to be entitled to
12 transfer to a less restrictive facility, to conditional
13 release or to discharge. At the time of a reexamination
14 under this Section, the person who has been committed may
15 retain or, if he or she is indigent and so requests, the
16 court may appoint a qualified expert or a professional person
17 to examine him or her.
18 (b) Any examiner conducting an examination under this
19 Section shall prepare a written report of the examination no
20 later than 30 days after the date of the examination. The
21 examiner shall place a copy of the report in the person's
22 health care records and shall provide a copy of the report to
23 the court that committed the person under Section 40.
24 (c) Notwithstanding subsection (a) of this Section, the
25 court that committed a person under Section 40 may order a
26 reexamination of the person at any time during the period in
27 which the person is subject to the commitment order.
28 Section 60. Petition for conditional release.
29 (a) Any person who is committed for institutional care
30 in a secure facility or other facility under Section 40 of
31 this Act may petition the committing court to modify its
32 order by authorizing conditional release if at least 6 months
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1 have elapsed since the initial commitment order was entered,
2 the most recent release petition was denied or the most
3 recent order for conditional release was revoked. The
4 director of the facility at which the person is placed may
5 file a petition under this Section on the person's behalf at
6 any time.
7 (b) If the person files a timely petition without
8 counsel, the court shall serve a copy of the petition on the
9 Attorney General or State's Attorney, whichever is applicable
10 and, subject to paragraph (c)(1) of Section 25 of this Act,
11 appoint counsel. If the person petitions through counsel,
12 his or her attorney shall serve the Attorney General or
13 State's Attorney, whichever is applicable.
14 (c) Within 20 days after receipt of the petition, the
15 court shall appoint one or more examiners having the
16 specialized knowledge determined by the court to be
17 appropriate, who shall examine the person and furnish a
18 written report of the examination to the court within 30 days
19 after appointment. The examiners shall have reasonable
20 access to the person for purposes of examination and to the
21 person's past and present treatment records and patient
22 health care records. If any such examiner believes that the
23 person is appropriate for conditional release, the examiner
24 shall report on the type of treatment and services that the
25 person may need while in the community on conditional
26 release.
27 (d) The court, without a jury, shall hear the petition
28 within 30 days after the report of the court-appointed
29 examiner is filed with the court, unless the petitioner
30 waives this time limit. The court shall grant the petition
31 unless the state proves by clear and convincing evidence that
32 the person is still a sexually violent person and that it is
33 still substantially probable that the person will engage in
34 acts of sexual violence if the person is not confined in a
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1 secure facility. In making a decision under this subsection,
2 the court may consider the nature and circumstances of the
3 behavior that was the basis of the allegation in the petition
4 under paragraph (b)(1) of Section 15 of this Act, the
5 person's mental history and present mental condition, where
6 the person will live, how the person will support himself or
7 herself and what arrangements are available to ensure that
8 the person has access to and will participate in necessary
9 treatment.
10 (e) If the court finds that the person is appropriate
11 for conditional release, the court shall notify the
12 Department. The Department shall prepare a plan that
13 identifies the treatment and services, if any, that the
14 person will receive in the community. The plan shall address
15 the person's need, if any, for supervision, counseling,
16 medication, community support services, residential services,
17 vocational services, and alcohol or other drug abuse
18 treatment. The Department may contract with a county health
19 department, with another public agency or with a private
20 agency to provide the treatment and services identified in
21 the plan. The plan shall specify who will be responsible for
22 providing the treatment and services identified in the plan.
23 The plan shall be presented to the court for its approval
24 within 60 days after the court finding that the person is
25 appropriate for conditional release, unless the Department
26 and the person to be released request additional time to
27 develop the plan.
28 (f) The provisions of paragraph (b)(4) of Section 40 of
29 this Act apply to an order for conditional release issued
30 under this Section.
31 Section 65. Petition for discharge; procedure.
32 (a) (1) If the Secretary determines at any time that a
33 person committed under this Act is no longer a sexually
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1 violent person, the Secretary shall authorize the person
2 to petition the committing court for discharge. The
3 person shall file the petition with the court and serve a
4 copy upon the Attorney General or the State's Attorney's
5 office that filed the petition under subsection (a) of
6 Section 15 of this Act, whichever is applicable. The
7 court, upon receipt of the petition for discharge, shall
8 order a hearing to be held within 45 days after the date
9 of receipt of the petition.
10 (2) At a hearing under this subsection, the
11 Attorney General or State's Attorney, whichever filed the
12 original petition, shall represent the State and shall
13 have the right to have the petitioner examined by an
14 expert or professional person of his or her choice. The
15 hearing shall be before the court without a jury. The
16 State has the burden of proving by clear and convincing
17 evidence that the petitioner is still a sexually violent
18 person.
19 (3) If the court is satisfied that the State has
20 not met its burden of proof under paragraph (a)(2) of
21 this Section, the petitioner shall be discharged from the
22 custody or supervision of the Department. If the court
23 is satisfied that the State has met its burden of proof
24 under paragraph (a)(2), the court may proceed under
25 Section 40 of this Act to determine whether to modify the
26 petitioner's existing commitment order.
27 (b)(1) A person may petition the committing court for
28 discharge from custody or supervision without the
29 Secretary's approval. At the time of an examination
30 under subsection (a) of Section 55 of this Act, the
31 Secretary shall provide the committed person with a
32 written notice of the person's right to petition the
33 court for discharge over the Secretary's objection. The
34 notice shall contain a waiver of rights. The Secretary
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1 shall forward the notice and waiver form to the court
2 with the report of the Department's examination under
3 Section 55 of this Act. If the person does not
4 affirmatively waive the right to petition, the court
5 shall set a probable cause hearing to determine whether
6 facts exist that warrant a hearing on whether the person
7 is still a sexually violent person. The committed person
8 has a right to have an attorney represent him or her at
9 the probable cause hearing, but the person is not
10 entitled to be present at the probable cause hearing.
11 (2) If the court determines at the probable cause
12 hearing under paragraph (b)(1) of this Section that
13 probable cause exists to believe that the committed
14 person is no longer a sexually violent person, then the
15 court shall set a hearing on the issue. At a hearing
16 under this Section, the committed person is entitled to
17 be present and to the benefit of the protections afforded
18 to the person under Section 25 of this Act. The Attorney
19 General or State's Attorney, whichever filed the original
20 petition, shall represent the State at a hearing under
21 this Section. The hearing under this Section shall be to
22 the court. The State has the right to have the committed
23 person evaluated by experts chosen by the State. At the
24 hearing, the State has the burden of proving by clear and
25 convincing evidence that the committed person is still a
26 sexually violent person.
27 (3) If the court is satisfied that the State has
28 not met its burden of proof under paragraph (b)(2) of
29 this Section, the person shall be discharged from the
30 custody or supervision of the Department. If the court
31 is satisfied that the State has met its burden of proof
32 under paragraph (b)(2) of this Section, the court may
33 proceed under Section 40 of this Act to determine whether
34 to modify the person's existing commitment order.
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1 Section 70. Additional discharge petitions. In addition
2 to the procedures under Section 65 of this Act, a committed
3 person may petition the committing court for discharge at any
4 time, but if a person has previously filed a petition for
5 discharge without the Secretary's approval and the court
6 determined, either upon review of the petition or following a
7 hearing, that the person's petition was frivolous or that the
8 person was still a sexually violent person, then the court
9 shall deny any subsequent petition under this Section without
10 a hearing unless the petition contains facts upon which a
11 court could find that the condition of the person had so
12 changed that a hearing was warranted. If the court finds
13 that a hearing is warranted, the court shall set a probable
14 cause hearing in accordance with paragraph (b)(1) of Section
15 65 of this Act and continue proceedings under paragraph
16 (b)(2) of Section 65, if appropriate. If the person has not
17 previously filed a petition for discharge without the
18 Secretary's approval, the court shall set a probable cause
19 hearing in accordance with paragraph (b)(1) of Section 65 and
20 continue proceedings under paragraph (b)(2) of Section 65, if
21 appropriate.
22 Section 75. Notice concerning conditional release or
23 discharge.
24 (a) As used in this Section, the term:
25 (1) "Act of sexual violence" means an act or
26 attempted act that is a basis for an allegation made in a
27 petition under paragraph (b)(1) of Section 15 of this
28 Act.
29 (2) "Member of the family" means spouse, child,
30 sibling, parent, or legal guardian.
31 (3) "Victim" means a person against whom an act of
32 sexual violence has been committed.
33 (b) If the court places a person on conditional release
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1 under Section 40 of this Act or discharges a person under
2 Section 60 or 65, the Department shall notify all of the
3 following:
4 (1) Whichever of the following persons is
5 appropriate in accordance with the provisions of
6 subsection (a)(3):
7 (A) The victim of the act of sexual violence.
8 (B) An adult member of the victim's family, if
9 the victim died as a result of the act of sexual
10 violence.
11 (C) The victim's parent or legal guardian, if
12 the victim is younger than 18 years old.
13 (2) The Department of Corrections.
14 (c) The notice under subsection (b) of this Section
15 shall inform the Department of Corrections and the person
16 notified under paragraph (b)(1) of this Section of the name
17 of the person committed under this Act and the date the
18 person is placed on conditional release or discharged. The
19 Department shall send the notice, postmarked at least 7 days
20 before the date the person committed under this Act is placed
21 on conditional release or discharged, to the Department of
22 Corrections and the last-known address of the person notified
23 under paragraph (b)(1) of this Section.
24 (d) The Department shall design and prepare cards for
25 persons specified in paragraph (b)(1) of this Section to send
26 to the Department. The cards shall have space for these
27 persons to provide their names and addresses, the name of the
28 person committed under this Act and any other information the
29 Department determines is necessary. The Department shall
30 provide the cards, without charge, to the Attorney General
31 and State's Attorneys. The Attorney General and State's
32 Attorneys shall provide the cards, without charge, to persons
33 specified in paragraph (b)(1) of this Section. These persons
34 may send completed cards to the Department. All records or
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1 portions of records of the Department that relate to mailing
2 addresses of these persons are not subject to inspection or
3 copying under Section 3 of the Freedom of Information Act.
4 Section 80. Applicability. This Act applies to a
5 sexually violent person regardless of whether the person
6 engaged in acts of sexual violence before, on, or after the
7 effective date of this Act.
8 Section 99. Effective date. This Act takes effect
9 January 1, 1998.".