093_SB1577

 
                                     LRB093 11028 RLC 11705 b

 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 amended
 5    by changing Section 9 as follows:

 6        (725 ILCS 205/9) (from Ch. 38, par. 105-9)
 7        Sec. 9.  Application showing recovery.
 8        (a)  Any  person who is committed as a sexually dangerous
 9    person under this Act, may file  an  application  in  writing
10    before  the committing court setting forth facts showing that
11    such   sexually   dangerous   person   or   criminal   sexual
12    psychopathic person has recovered if at least 6  months  have
13    elapsed  since  the initial commitment order was entered, the
14    most recent application showing recovery was denied,  or  the
15    most  recent  order  for conditional release was revoked. The
16    Director of  Corrections  may  file  a  petition  under  this
17    Section  on  a  person's  behalf  at  any time. A copy of the
18    application showing recovery shall  be served on the  State's
19    Attorney of the committing county.
20        (b)  Within 30 days of receipt of the application showing
21    recovery,  the  court  shall  examine the application showing
22    recovery and determine if the  application  showing  recovery
23    has  been  filed  in  accordance  with  the  requirements  of
24    subsection  (a) of this Section. If the court determines that
25    this application showing  recovery  has  not  been  filed  in
26    accordance  with  the provisions of subsection (a), the court
27    may enter  its  order  denying  the  applicant's  application
28    showing recovery without further hearing.
29        (c)  If the court determines that the application showing
30    recovery  meets  the requirements of subsection (a), then the
 
                            -2-      LRB093 11028 RLC 11705 b
 1    court shall direct the clerk of the court to cause a copy  of
 2    the  application  to  be sent to the Director of Corrections.
 3    The Director shall then cause to be prepared and sent to  the
 4    court  a  socio-psychiatric  report concerning the applicant.
 5    The  report  shall   be   prepared   by   the   psychiatrist,
 6    sociologist, psychologist, and warden of, or assigned to, the
 7    institution where the applicant is confined.
 8        (d)  The court shall set a probable cause hearing as soon
 9    as  practical  after  the socio-psychiatric report concerning
10    the applicant is  filed.  If  the  court  determines  at  the
11    probable  cause  hearing that cause exists to believe that it
12    is not substantially probable that the person will engage  in
13    acts  of  sexual  assault  or  acts  of sexual molestation of
14    children if discharged or conditionally released,  the  court
15    shall  set a hearing on the issue. If the court determines at
16    the probable cause hearing that cause exists to believe  that
17    it  is  substantially probable that the person will engage in
18    acts of sexual assault  or  acts  of  sexual  molestation  of
19    children, the court shall deny the application for recovery.
20        (e)  The   court,   with   or  without  a  jury,  at  the
21    applicant's   election,   shall   set   for   hearing   those
22    applications for recovery that  have  been  timely  filed  in
23    accordance with the provisions of subsection (a) and in which
24    the  court  has determined at the probable cause hearing that
25    cause exists to believe that it is not substantially probable
26    that the person will engage in acts of sexual assault or acts
27    of sexual molestation of children,  in  accordance  with  the
28    speedy  trial  provisions  under Section 103-5 of the Code of
29    Criminal  Procedure  of  1963.  However,  the  speedy   trial
30    provisions  do  not  commence until the court at the probable
31    cause hearing has determined that  cause  exists  to  believe
32    that  it  is  not substantially probable that the person will
33    engage  in  acts  of  sexual  assault  or  acts   of   sexual
34    molestation of children.
 
                            -3-      LRB093 11028 RLC 11705 b
 1        (f)  A jury, or the court without a jury if the applicant
 2    has  waived  a  jury,  shall  grant  the  application showing
 3    recovery unless the State  proves  by  clear  and  convincing
 4    evidence  that  the  person  is  still  a  sexually dangerous
 5    person. In making a decision under this subsection  (f),  the
 6    court  or  jury  may consider the nature and circumstances of
 7    the behavior that was the basis for the  original  commitment
 8    as  a  sexually dangerous person, the person's mental history
 9    and present mental condition, where the person will live, how
10    the person will support himself or herself, what arrangements
11    are available to insure that the person  has  access  to  and
12    will  participate  in  necessary  treatment,  and  any  other
13    relevant  evidence.  An  application in writing setting forth
14    facts showing that such sexually dangerous person or criminal
15    sexual psychopathic person has recovered may be filed  before
16    the  committing court. Upon receipt thereof, the clerk of the
17    court shall cause a copy of the application to be sent to the
18    Director of the Department of Corrections. The Director shall
19    then  cause  to  be  prepared  and  sent  to  the   court   a
20    socio-psychiatric report concerning the applicant. The report
21    shall  be  prepared by a social worker and psychologist under
22    the supervision of a licensed psychiatrist assigned  to,  the
23    institution  wherein  such  applicant  is confined. The court
24    shall set a date for the hearing upon  such  application  and
25    shall  consider the report so prepared under the direction of
26    the Director of the Department of Corrections and  any  other
27    relevant  information  submitted  by  or  on  behalf  of such
28    applicant. If the person is found to be no longer  dangerous,
29    the  court  shall  order  that he be discharged. If the court
30    finds that the person appears no longer to be  dangerous  but
31    that  it  is  impossible  to  determine  with certainty under
32    conditions of institutional care that such person  has  fully
33    recovered,  the  court  shall  enter an order permitting such
34    person to go at large subject to  such  conditions  and  such
 
                            -4-      LRB093 11028 RLC 11705 b
 1    supervision  by  the  Director as in the opinion of the court
 2    will adequately protect the public. In the event  the  person
 3    violates any of the conditions of such order, the court shall
 4    revoke  such  conditional  release  and  recommit  the person
 5    pursuant to Section 5-6-4 of the Unified Code of  Corrections
 6    under  the terms of the original commitment. Upon an order of
 7    discharge every outstanding information and  indictment,  the
 8    basis  of  which  was  the  reason for the present detention,
 9    shall be quashed.
10    (Source: P.A. 92-786, eff. 8-6-02.)