Full Text of HB4556 100th General Assembly
HB4556 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB4556 Introduced , by Rep. Sara Wojcicki Jimenez SYNOPSIS AS INTRODUCED: |
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725 ILCS 205/5 | from Ch. 38, par. 105-5 |
725 ILCS 205/8 | from Ch. 38, par. 105-8 |
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Amends the Sexually Dangerous Persons Act. Provides that litigation costs, including expert fees and the cost of representation by counsel for an indigent respondent for any purpose under the Act, including a trial or a hearing, shall be paid by the county in which the proceeding is brought. Provides that the Director of Corrections, as guardian, shall only be responsible for costs of providing care and treatment of sexually dangerous persons while he or she is committed in a facility of the Department of Corrections. Provides that if a sexually dangerous person is released subject to conditions ordered by a court, the Director shall not be responsible for any costs of the sexually dangerous person, including, but not limited to, care, treatment, medical expenses, living expenses, and supplemental income and rent. Provides that the Director shall still provide supervision over the sexually dangerous person through parole agents if ordered.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | HB4556 | | LRB100 16733 SLF 31873 b |
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| 1 | | AN ACT concerning criminal law.
| 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 by | 5 | | changing Sections 5 and 8 as follows:
| 6 | | (725 ILCS 205/5) (from Ch. 38, par. 105-5)
| 7 | | Sec. 5.
The respondent in any proceedings under this Act | 8 | | shall have the
right to demand a trial by jury and to be | 9 | | represented by counsel. Litigation costs, including expert | 10 | | fees and the The cost of representation by counsel for an | 11 | | indigent respondent for any purpose under this Act, including a | 12 | | trial or a hearing under Section 5, 9, or 10 of this Act, shall | 13 | | be paid by the county in which the proceeding is brought. At | 14 | | the
hearing on the petition it shall be competent to introduce | 15 | | evidence of the
commission by the respondent of any number of | 16 | | crimes together with whatever
punishments, if any, were | 17 | | inflicted.
| 18 | | (Source: P.A. 98-88, eff. 7-15-13.)
| 19 | | (725 ILCS 205/8) (from Ch. 38, par. 105-8)
| 20 | | Sec. 8. If the respondent is found to be a sexually | 21 | | dangerous person then
the court shall appoint the Director of | 22 | | Corrections guardian of the person
found to be sexually |
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| 1 | | dangerous and such person shall stand committed to the
custody | 2 | | of such guardian. The Director of Corrections as guardian shall
| 3 | | keep safely the person so committed until the person has | 4 | | recovered and is
released as hereinafter provided. The Director | 5 | | of Corrections as guardian
shall provide care and treatment for | 6 | | the person committed to him designed
to effect recovery.
Any | 7 | | treatment provided under this Section shall be in conformance | 8 | | with the
standards promulgated by the Sex Offender Management | 9 | | Board Act and conducted by
a
treatment provider licensed under | 10 | | the Sex Offender Evaluation and Treatment Provider Act.
The | 11 | | Director may place that ward in any facility in the
Department | 12 | | of Corrections or portion thereof set aside for the care and
| 13 | | treatment of sexually dangerous persons. The Department of | 14 | | Corrections may
also request another state Department or Agency | 15 | | to examine such person and
upon such request, such Department | 16 | | or Agency shall make such examination
and the Department of | 17 | | Corrections may, with the consent of the chief
executive | 18 | | officer of such other Department or Agency, thereupon place | 19 | | such
person in the care and treatment of such other Department | 20 | | or
Agency.
The Director of Corrections, as guardian, shall only | 21 | | be responsible for costs of providing care and treatment of | 22 | | sexually dangerous persons while he or she is committed in a | 23 | | facility of the Department of Corrections. If a sexually | 24 | | dangerous person is released subject to conditions ordered by a | 25 | | court under subsection (e) of Section 9 of this Act, the | 26 | | Director shall not be responsible for any costs of the sexually |
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| 1 | | dangerous person, including, but not limited to, care, | 2 | | treatment, medical expenses, living expenses, and supplemental | 3 | | income and rent. The Director shall still provide supervision | 4 | | over the sexually dangerous person through parole agents if | 5 | | ordered.
| 6 | | (Source: P.A. 97-1098, eff. 7-1-14 (see Section 5 of P.A. | 7 | | 98-612 for the effective date of P.A. 97-1098) .)
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