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093_SB1577eng
SB1577 Engrossed 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15 most recent order for conditional release was revoked.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
SB1577 Engrossed -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, social
6 worker, psychologist, and warden of, or assigned to, the
7 institution where the applicant is confined.
8 (d) Upon receipt of the socio-psychiatric report, the
9 court shall appoint counsel for the applicant if he or she is
10 not already represented. If the applicant has refused to
11 participate in the socio-psychiatric evaluation, the court
12 shall set a probable cause hearing as soon as practical and
13 shall conduct the probable cause hearing using the Department
14 of Corrections report and witnesses. If the applicant has
15 participated in the socio-psychiatric evaluation, the court,
16 within 30 days after receipt of the socio-psychiatric report,
17 shall appoint an examiner having the specialized knowledge
18 determined by the court to be appropriate, who shall examine
19 the mental condition of the person and furnish a written
20 report of the examination to the court within 45 days after
21 appointment. The examiner shall have reasonable access to the
22 person for purposes of examination and to the person's past
23 and present treatment records and other Department of
24 Corrections records. If any such examiner believes that the
25 person is appropriate for conditional release, the examiner
26 shall report on the type of treatment and services that the
27 person will need while in the community on conditional
28 release. The State has the right to have the person evaluated
29 by experts chosen by the State. The court shall set a
30 probable cause hearing as soon as practical after the
31 examiner's report is filed. If the court determines at the
32 probable cause hearing that cause exists to believe that the
33 applicant has recovered and is no longer a sexually dangerous
34 person or that while he or she remains a sexually dangerous
SB1577 Engrossed -3- LRB093 11028 RLC 11705 b
1 person, he or she can safely be released under appropriate
2 conditions and supervision, the court shall set a hearing on
3 the issue. If the court does not find probable cause to
4 believe that the applicant has recovered or that he or she
5 can safely be conditionally released, the court shall deny
6 the application for recovery.
7 (e) The court, with or without a jury, at the
8 applicant's election, shall set for trial those applications
9 for recovery that have been timely filed in accordance with
10 the provisions of subsection (a) and in which the court has
11 determined at the probable cause hearing that cause exists to
12 believe that the applicant has recovered and is no longer a
13 sexually dangerous person or that while he or she remains a
14 sexually dangerous person, the applicant can safely be
15 released under appropriate conditions and supervision, in
16 accordance with the speedy trial provisions under Section
17 103-5 of the Code of Criminal Procedure of 1963. However, the
18 speedy trial provisions do not commence until the court at
19 the probable cause hearing has determined that cause exists
20 to believe that the applicant has recovered or can safely be
21 conditionally released.
22 (f) A jury, or the court without a jury if the applicant
23 has waived a jury, shall make one of 3 findings following a
24 trial:
25 (1) If the State proves by clear and convincing
26 evidence that the person has not recovered and is still a
27 sexually dangerous person, the petition shall be denied.
28 (2) If the State proves by clear and convincing
29 evidence that the person has only recovered substantially
30 and that he can be allowed safely to go at large only if
31 he or she is subject to conditions and supervision, then
32 the petition shall be granted subject to such conditions
33 and supervision as are imposed by the court following the
34 finding of substantial recovery.
SB1577 Engrossed -4- LRB093 11028 RLC 11705 b
1 (3) If the State fails to prove by clear and
2 convincing evidence that the person has not recovered and
3 is still a sexually dangerous person and also fails to
4 prove by clear and convincing evidence that the person
5 has only recovered substantially and requires conditions
6 and supervision, the petition shall be granted and the
7 person discharged.
8 In making a decision under this subsection (f), the court or
9 jury may consider the nature and circumstances of the
10 behavior that was the basis for the original commitment as a
11 sexually dangerous person, the person's mental history and
12 present mental condition, the person's participation and
13 progress in treatment while in the custody of the Department
14 of Corrections, the results of psychological actuarial
15 instruments normally used with sex offenders, where the
16 person will live, how the person will support himself or
17 herself, the necessity of additional treatment and the
18 availability of that treatment, the likelihood that the
19 person will participate in necessary treatment, and any other
20 relevant evidence.
21 (g) In the event that a person conditionally released is
22 alleged to have violated any of the conditions of his or her
23 order of conditional release, the State's Attorney shall file
24 a petition to revoke the conditional release. The court shall
25 issue a warrant and place the sexually dangerous person in
26 the custody of the county sheriff pending a hearing on the
27 petition to revoke, which hearing shall be conducted under
28 Section 5-6-4 of the Unified Code of Corrections. If the
29 court finds by a preponderance of the evidence that the
30 person has violated any of the conditions of his or her order
31 of conditional release, the court shall revoke such
32 conditional release and recommit the person to the Department
33 of Corrections.An application in writing setting forth facts
34 showing that such sexually dangerous person or criminal
SB1577 Engrossed -5- LRB093 11028 RLC 11705 b
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 licensed psychiatrist assigned to, the
9 institution wherein such applicant is confined. The court
10 shall set a date for the hearing upon such application and
11 shall consider the report so prepared under the direction of
12 the Director of the Department of Corrections and any other
13 relevant information submitted by or on behalf of such
14 applicant. If the person is found to be no longer dangerous,
15 the court shall order that he be discharged. If the court
16 finds that the person appears no longer to be dangerous but
17 that it is impossible to determine with certainty under
18 conditions of institutional care that such person has fully
19 recovered, the court shall enter an order permitting such
20 person to go at large subject to such conditions and such
21 supervision by the Director as in the opinion of the court
22 will adequately protect the public. In the event the person
23 violates any of the conditions of such order, the court shall
24 revoke such conditional release and recommit the person
25 pursuant to Section 5-6-4 of the Unified Code of Corrections
26 under the terms of the original commitment. Upon an order of
27 discharge every outstanding information and indictment, the
28 basis of which was the reason for the present detention,
29 shall be quashed.
30 (Source: P.A. 92-786, eff. 8-6-02.)
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