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90_SB1713ham001
LRB9008710RCksam02
1 AMENDMENT TO SENATE BILL 1713
2 AMENDMENT NO. . Amend Senate Bill 1713, on page 1,
3 by replacing lines 1 and 2 with the following:
4 "AN ACT in relation to sex offenders."; and
5 on page 32, by inserting between lines 3 and 4 the following:
6 "Section 10.5. The Sex Offender Management Board Act is
7 amended by changing Sections 5, 10, and 15 as follows:
8 (20 ILCS 4026/5)
9 Sec. 5. Legislative declaration. The General Assembly
10 hereby declares that the comprehensive evaluation,
11 identification, counseling, and continued monitoring of sex
12 offenders who are subject to the supervision of the criminal
13 or juvenile justice systems or mental health systems is
14 necessary in order to work toward the elimination of
15 recidivism by such offenders. Therefore, the General
16 Assembly hereby creates a program which standardizes the
17 evaluation, identification, counseling, and continued
18 monitoring of sex offenders at each stage of the criminal or
19 juvenile justice systems or mental health systems so that
20 those offenders will curtail recidivistic behavior and the
21 protection of victims and potential victims will be enhanced.
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1 The General Assembly recognizes that some sex offenders
2 cannot or will not respond to counseling and that, in
3 creating the program described in this Act, the General
4 Assembly does not intend to imply that all sex offenders can
5 be successful in counseling.
6 (Source: P.A. 90-133, eff. 7-22-97.)
7 (20 ILCS 4026/10)
8 Sec. 10. Definitions. In this Act, unless the context
9 otherwise requires:
10 (a) "Board" means the Sex Offender Management Board
11 created in Section 15.
12 (b) "Sex offender" means any person who is convicted or
13 found delinquent in the State of Illinois, or under any
14 substantially similar federal law or law of another state, of
15 any sex offense or attempt of a sex offense as defined in
16 subsection (c) of this Section, or any former statute of this
17 State that defined a felony sex offense, or who has been
18 certified as a sexually dangerous person under the Sexually
19 Dangerous Persons Act or declared a sexually violent person
20 under the Sexually Violent Persons Commitment Act, or any
21 substantially similar federal law or law of another state.
22 (c) "Sex offense" means any felony or misdemeanor
23 offense described in this subsection (c) as follows:
24 (1) Indecent solicitation of a child, in violation
25 of Section 11-6 of the Criminal Code of 1961;
26 (2) Indecent solicitation of an adult, in violation
27 of Section 11-6.5 of the Criminal Code of 1961;
28 (3) Public indecency, in violation of Section 11-9
29 of the Criminal Code of 1961;
30 (4) Sexual exploitation of a child, in violation of
31 Section 11-9.1 of the Criminal Code of 1961;
32 (5) Sexual relations within families, in violation
33 of Section 11-11 of the Criminal Code of 1961;
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1 (6) Soliciting for a juvenile prostitute, in
2 violation of Section 11-15.1 of the Criminal Code of
3 1961;
4 (7) Keeping a place of juvenile prostitution, in
5 violation of Section 11-17.1 of the Criminal Code of
6 1961;
7 (8) Patronizing a juvenile prostitute, in violation
8 of Section 11-18.1 of the Criminal Code of 1961;
9 (9) Juvenile pimping, in violation of Section
10 11-19.1 of the Criminal Code of 1961;
11 (10) Exploitation of a child, in violation of
12 Section 11-19.2 of the Criminal Code of 1961;
13 (11) Child pornography, in violation of Section
14 11-20.1 of the Criminal Code of 1961;
15 (12) Harmful material, in violation of Section
16 11-21 of the Criminal Code of 1961;
17 (13) Criminal sexual assault, in violation of
18 Section 12-13 of the Criminal Code of 1961;
19 (14) Aggravated criminal sexual assault, in
20 violation of Section 12-14 of the Criminal Code of 1961;
21 (15) Predatory criminal sexual assault of a child,
22 in violation of Section 12-14.1 of the Criminal Code of
23 1961;
24 (16) Criminal sexual abuse, in violation of Section
25 12-15 of the Criminal Code of 1961;
26 (17) Aggravated criminal sexual abuse, in violation
27 of Section 12-16 of the Criminal Code of 1961;
28 (18) Ritualized abuse of a child, in violation of
29 Section 12-33 of the Criminal Code of 1961;
30 (19) An attempt to commit any of the offenses
31 enumerated in this subsection (c).
32 (d) "Management" means counseling, monitoring, and
33 supervision of any sex offender that conforms to the
34 standards created by the Board under Section 15.
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1 (Source: P.A. 90-133, eff. 7-22-97.)
2 (20 ILCS 4026/15)
3 Sec. 15. Sex Offender Management Board; creation;
4 duties.
5 (a) There is created the Sex Offender Management Board,
6 which shall consist of 20 members. The membership of the
7 Board shall consist of the following persons:
8 (1) Two members appointed by the Governor
9 representing the judiciary, one representing juvenile
10 court matters and one representing adult criminal court
11 matters;
12 (2) One member appointed by the Governor
13 representing Probation Services;
14 (3) One member appointed by the Governor
15 representing the Department of Corrections;
16 (4) One member appointed by the Governor
17 representing the Department of Human Services;
18 (5) One member appointed by the Governor
19 representing the Illinois State Police;
20 (6) One member appointed by the Governor
21 representing the Department of Children and Family
22 Services;
23 (7) One member appointed by the Attorney General
24 representing the Office of the Attorney General;
25 (8) Two members appointed by the Attorney General
26 who are licensed mental health professionals with
27 documented expertise in the treatment of sex offenders;
28 (9) Two members appointed by the Attorney General
29 who are State's Attorneys or assistant State's Attorneys,
30 one representing juvenile court matters and one
31 representing felony court matters;
32 (10) One member being the Cook County State's
33 Attorney or his or her designee;
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1 (11) One member being the Director of the State's
2 Attorneys Appellate Prosecutor or his or her designee;
3 (12) One member being the Cook County Public
4 Defender or his or her designee;
5 (13) Two members appointed by the Governor who are
6 representatives of law enforcement, one juvenile officer
7 and one sex crime investigator;
8 (14) Two members appointed by the Attorney General
9 who are recognized experts in the field of sexual assault
10 and who can represent sexual assault victims and victims'
11 rights organizations; and
12 (15) One member being the State Appellate Defender
13 or his or her designee.
14 (b) The Governor and the Attorney General shall appoint
15 a presiding officer for the Board from among the board
16 members appointed under subsection (a) of this Section, which
17 presiding officer shall serve at the pleasure of the Governor
18 and the Attorney General.
19 (c) Each member of the Board shall demonstrate
20 substantial expertise and experience in the field of sexual
21 assault.
22 (d) (1) Any member of the Board created in subsection
23 (a) of this Section who is appointed under paragraphs (1)
24 through (7) of subsection (a) of this Section shall serve at
25 the pleasure of the official who appointed that member, for a
26 term of 5 years and may be reappointed. The members shall
27 serve without additional compensation.
28 (2) Any member of the Board created in subsection
29 (a) of this Section who is appointed under paragraphs (8)
30 through (14) of subsection (a) of this Section shall
31 serve for a term of 5 years and may be reappointed. The
32 members shall serve without compensation.
33 (3) The travel costs associated with membership on
34 the Board created in subsection (a) of this Section will
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1 be reimbursed subject to availability of funds.
2 (e) The first meeting of this Board shall be held within
3 45 days of the effective date of this Act.
4 (f) The Board shall carry out the following duties:
5 (1) Not later than 18 months after the effective
6 date of this Act, the Board shall develop and prescribe
7 separate standardized procedures for the evaluation and
8 identification of the offender and recommend behavior
9 management, monitoring, and counseling based upon the
10 knowledge that sex offenders are extremely habituated and
11 that there is no known cure for the propensity to commit
12 sex abuse. The Board shall develop and implement
13 measures of success based upon a no-cure policy for
14 intervention. The Board shall develop and implement
15 methods of intervention for sex offenders which have as a
16 priority the physical and psychological safety of victims
17 and potential victims and which are appropriate to the
18 needs of the particular offender, so long as there is no
19 reduction of the safety of victims and potential victims.
20 (2) Not later than 18 months after the effective
21 date of this Act, the Board shall develop separate
22 guidelines and standards for a system of programs for the
23 counseling of both juvenile and adult sex offenders which
24 can be utilized by offenders who are placed on probation,
25 committed to the Department of Corrections or Department
26 of Human Services, or placed on mandatory supervised
27 release or parole. The programs developed under this
28 paragraph (f) shall be as flexible as possible so that
29 the programs may be utilized by each offender to prevent
30 the offender from harming victims and potential victims.
31 The programs shall be structured in such a manner that
32 the programs provide a continuing monitoring process as
33 well as a continuum of counseling programs for each
34 offender as that offender proceeds through the justice
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1 system. Also, the programs shall be developed in such a
2 manner that, to the extent possible, the programs may be
3 accessed by all offenders in the justice system.
4 (3) There is established the Sex Offender
5 Management Board Fund in the State Treasury into which
6 funds received from public or private sources shall be
7 deposited, and from which funds shall be appropriated to
8 the Sex Offender Management Board for planning and
9 research.
10 (4) The Board shall develop and prescribe a plan to
11 research and analyze the effectiveness of the evaluation,
12 identification, and counseling procedures and programs
13 developed under this Act. The Board shall also develop
14 and prescribe a system for implementation of the
15 guidelines and standards developed under paragraph (2) of
16 this subsection (f) and for tracking offenders who have
17 been subjected to evaluation, identification, and
18 counseling under this Act. In addition, the Board shall
19 develop a system for monitoring offender behaviors and
20 offender adherence to prescribed behavioral changes. The
21 results of the tracking and behavioral monitoring shall
22 be a part of any analysis made under this paragraph (4).
23 (g) The Board may promulgate rules as are necessary to
24 carry out the duties of the Board.
25 (h) The Board and the individual members of the Board
26 shall be immune from any liability, whether civil or
27 criminal, for the good faith performance of the duties of the
28 Board as specified in this Section.
29 (Source: P.A. 90-133, eff. 7-22-97.)"; and
30 on page 39, line 15, by inserting "15, 30," after "10,"; and
31 on page 41, by inserting between lines 27 and 28 the
32 following:
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1 "(725 ILCS 207/15)
2 Sec. 15. Sexually violent person petition; contents;
3 filing.
4 (a) A petition alleging that a person is a sexually
5 violent person may be filed by one of the following:
6 (1) The Attorney General, at the request of the
7 agency with jurisdiction over the person, as defined in
8 subsection (a) of Section 10 of this Act, or on his or
9 her own motion. If the Attorney General, after
10 consulting with and advising the State's Attorney of the
11 county referenced in paragraph (a)(2) of this Section,
12 decides to file a petition under this Section, he or she
13 shall file the petition before the date of the release or
14 discharge of the person or within 30 days of placement
15 onto parole or mandatory supervised release for an
16 offense enumerated in paragraph (e) of Section 5 of this
17 Act.
18 (2) If the Attorney General does not file a
19 petition under this Section, the State's Attorney of the
20 county in which the person was convicted of a sexually
21 violent offense, adjudicated delinquent for a sexually
22 violent offense or found not guilty of or not responsible
23 for a sexually violent offense by reason of insanity,
24 mental disease, or mental defect may file a petition.
25 (3) The Attorney General and the State's Attorney
26 referenced in paragraph (a)(2) of this Section jointly.
27 (b) A petition filed under this Section shall allege
28 that all of the following apply to the person alleged to be a
29 sexually violent person:
30 (1) The person satisfies any of the following
31 criteria:
32 (A) The person has been convicted of a
33 sexually violent offense;
34 (B) The person has been found delinquent for a
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1 sexually violent offense; or
2 (C) The person has been found not guilty of a
3 sexually violent offense by reason of insanity,
4 mental disease, or mental defect.
5 (2) The person is within 90 days of discharge or
6 entry into mandatory supervised release from a Department
7 of Corrections correctional facility for a sentence that
8 was imposed upon a conviction for a sexually violent
9 offense or for a sentence that is being served
10 concurrently or consecutively with a sexually violent
11 offense or is within the initial 30 days of the person's
12 entry date into parole or mandatory supervised release;
13 or
14 (3) The person is within 90 days of discharge or
15 release from a Department of Corrections juvenile
16 correctional facility, if the person was placed in the
17 facility for being adjudicated delinquent under Section
18 5-20 of the Juvenile Court Act of 1987 on the basis of a
19 sexually violent offense or from a commitment order that
20 was entered as a result of a sexually violent offense.
21 (4) The person has a mental disorder.
22 (5) The person is dangerous to others because the
23 person's mental disorder creates a substantial
24 probability that he or she will engage in acts of sexual
25 violence.
26 (c) A petition filed under this Section shall state with
27 particularity essential facts to establish probable cause to
28 believe the person is a sexually violent person. If the
29 petition alleges that a sexually violent offense or act that
30 is a basis for the allegation under paragraph (b)(1) of this
31 Section was an act that was sexually motivated as provided
32 under paragraph (e)(2) of Section 5 of this Act, the petition
33 shall state the grounds on which the offense or act is
34 alleged to be sexually motivated.
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1 (d) A petition under this Section shall be filed in
2 either of the following:
3 (1) The circuit court for the county in which the
4 person was convicted of a sexually violent offense,
5 adjudicated delinquent for a sexually violent offense or
6 found not guilty of a sexually violent offense by reason
7 of insanity, mental disease or mental defect.
8 (2) The circuit court for the county in which the
9 person is in custody under a sentence, a placement to a
10 Department of Corrections correctional facility or
11 juvenile correctional facility, or a commitment order.
12 (Source: P.A. 90-40, eff. 1-1-98.)
13 (725 ILCS 207/30)
14 Sec. 30. Detention; probable cause hearing; transfer for
15 examination.
16 (a) Upon the filing of a petition under Section 15 of
17 this Act, the court shall review the petition to determine
18 whether to issue an order for detention of the person who is
19 the subject of the petition. The person shall be detained
20 only if there is cause to believe that the person is eligible
21 for commitment under subsection (f) of Section 35 of this
22 Act. A person detained under this Section shall be held in a
23 facility approved by the Department. If the person is
24 serving a sentence of imprisonment, is in a Department of
25 Corrections correctional facility or juvenile correctional
26 facility or is committed to institutional care, and the court
27 orders detention under this Section, the court shall order
28 that the person be transferred to a detention facility
29 approved by the Department. A detention order under this
30 Section remains in effect until the person is discharged
31 after a trial under Section 35 of this Act or until the
32 effective date of a commitment order under Section 40 of this
33 Act, whichever is applicable.
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1 (b) Whenever a petition is filed under Section 15 of
2 this Act, the court shall hold a hearing to determine whether
3 there is probable cause to believe that the person named in
4 the petition is a sexually violent person. If the person
5 named in the petition is in custody, the court shall hold the
6 probable cause hearing within 72 hours after the petition is
7 filed, excluding Saturdays, Sundays and legal holidays. The
8 court may grant a continuance of the probable cause hearing
9 for no more than 7 additional days upon the motion of the
10 respondent, for good cause. If the person named in the
11 petition has been released, is on parole, is on mandatory
12 supervised release, or otherwise is not in custody, the court
13 shall hold the probable cause hearing within a reasonable
14 time after the filing of the petition. At the probable cause
15 hearing, the court shall admit and consider all relevant
16 hearsay evidence.
17 (c) If the court determines after a hearing that there
18 is probable cause to believe that the person named in the
19 petition is a sexually violent person, the court shall order
20 that the person be taken into custody if he or she is not in
21 custody and shall order the person to be transferred within a
22 reasonable time to an appropriate facility for an evaluation
23 as to whether the person is a sexually violent person. If
24 the person named in the petition refuses to speak to,
25 communicate with, or otherwise fails to cooperate with the
26 expert from the Department of Human Services who is
27 conducting the evaluation, the person shall be prohibited
28 from introducing testimony or evidence from any expert or
29 professional person who is retained or court appointed to
30 conduct an evaluation of the person. Notwithstanding the
31 provisions of Section 10 of the Mental Health and
32 Developmental Disabilities Confidentiality Act, all
33 evaluations conducted pursuant to this Act and all Illinois
34 Department of Corrections treatment records shall be
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1 admissible at all proceedings held pursuant to this Act,
2 including the probable cause hearing and the trial.
3 If the court determines that probable cause does not
4 exist to believe that the person is a sexually violent
5 person, the court shall dismiss the petition.
6 (d) The Department shall promulgate rules that provide
7 the qualifications for persons conducting evaluations under
8 subsection (c) of this Section.
9 (e) If the person named in the petition claims or
10 appears to be indigent, the court shall, prior to the
11 probable cause hearing under subsection (b) of this Section,
12 appoint counsel.
13 (Source: P.A. 90-40, eff. 1-1-98.)"; and
14 on page 48, line 13, by changing "Section 3-6-4" to "Sections
15 3-6-4 and 5-4-3"; and
16 on page 49, by inserting between lines 23 and 24 the
17 following:
18 "(730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
19 Sec. 5-4-3. Persons convicted of, or found delinquent
20 for, sexual offenses or institutionalized as sexually
21 dangerous; blood specimens; genetic marker groups.
22 (a) Any person convicted of, found delinquent for, or
23 who received a disposition of court supervision for, a sexual
24 offense or attempt of a sexual offense or institutionalized
25 as a sexually dangerous person under the Sexually Dangerous
26 Persons Act shall, regardless of the sentence or disposition
27 imposed, be required to submit specimens of blood to the
28 Illinois Department of State Police in accordance with the
29 provisions of this Section, provided such person is:
30 (1) convicted of a sexual offense or attempt of a
31 sexual offense on or after the effective date of this
32 amendatory Act of 1989, and sentenced to a term of
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1 imprisonment, periodic imprisonment, fine, probation,
2 conditional discharge or any other form of sentence, or
3 given a disposition of court supervision for the offense,
4 or
5 (1.5) found delinquent under the Juvenile Court Act
6 of 1987 for a sexual offense or attempt of a sexual
7 offense on or after the effective date of this amendatory
8 Act of 1996, or
9 (2) ordered institutionalized as a sexually
10 dangerous person on or after the effective date of this
11 amendatory Act of 1989, or
12 (3) convicted of a sexual offense or attempt of a
13 sexual offense before the effective date of this
14 amendatory Act of 1989 and is presently confined as a
15 result of such conviction in any State correctional
16 facility or county jail or is presently serving a
17 sentence of probation, conditional discharge or periodic
18 imprisonment as a result of such conviction, or
19 (4) presently institutionalized as a sexually
20 dangerous person or presently institutionalized as a
21 person found guilty but mentally ill of a sexual offense
22 or attempt to commit a sexual offense; or
23 (5) seeking transfer to or residency in Illinois
24 under Sections 3-3-11 through 3-3-11.5 of the Unified
25 Code of Corrections (Interstate Compact for the
26 Supervision of Parolees and Probationers) or the
27 Interstate Agreements on Sexually Dangerous Persons Act.
28 (b) Any person required by paragraphs (a)(1), (a)(1.5),
29 and (a)(2) to provide specimens of blood shall provide be
30 ordered by the court to have specimens of blood collected
31 within 45 days after sentencing or disposition at a
32 collection site designated by the Illinois Department of
33 State Police.
34 (c) Any person required by paragraphs (a)(3) and (a)(4)
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1 to provide specimens of blood shall be required to provide
2 such samples prior to final discharge, parole, or release at
3 a collection site designated by the Illinois Department of
4 State Police.
5 (c-5) Any person required by paragraph (a)(5) to provide
6 specimens of blood shall, where feasible, be required to
7 provide the specimens before being accepted for conditioned
8 residency in Illinois under the interstate compact or
9 agreement, but no later than 45 days after arrival in this
10 State.
11 (d) The Illinois Department of State Police shall
12 provide all equipment and instructions necessary for the
13 collection of blood samples. The collection of samples shall
14 be performed in a medically approved manner. Only a
15 physician authorized to practice medicine, a registered nurse
16 or other qualified person approved by the Illinois Department
17 of Public Health may withdraw blood for the purposes of this
18 Act. The samples shall thereafter be forwarded to the
19 Illinois Department of State Police, Division of Forensic
20 Services, for analysis and categorizing into genetic marker
21 groupings.
22 (e) The genetic marker groupings shall be maintained by
23 the Illinois Department of State Police, Division of Forensic
24 Services.
25 (f) The genetic marker grouping analysis information
26 obtained pursuant to this Act shall be confidential and shall
27 be released only to peace officers of the United States, of
28 other states or territories, of the insular possessions of
29 the United States, of foreign countries duly authorized to
30 receive the same, to all peace officers of the State of
31 Illinois and to all prosecutorial agencies. Notwithstanding
32 any other statutory provision to the contrary, all
33 information obtained under this Section shall be maintained
34 in a single data base and may not be subject to expungement.
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1 (g) For the purposes of this Section, "sexual offense"
2 means any of the following:
3 (1) Any violation of Sections 11-6, 11-9.1, 11-11,
4 11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2, 11-20.1,
5 12-13, 12-14, 12-14.1, 12-15, 12-16, or 12-33 of the
6 Criminal Code of 1961, or
7 (2) Any former statute of this State which defined
8 a felony sexual offense, or
9 (3) Any violation of paragraph (10) of subsection
10 (b) of Section 10-5 of the Criminal Code of 1961 when the
11 sentencing court, upon a motion by the State's Attorney
12 or Attorney General, makes a finding that the child
13 luring involved an intent to commit sexual penetration or
14 sexual conduct as defined in Section 12-12 of the
15 Criminal Code of 1961.
16 (h) The Illinois Department of State Police shall be the
17 State central repository for all genetic marker grouping
18 analysis information obtained pursuant to this Act. The
19 Illinois Department of State Police may promulgate rules for
20 the form and manner of the collection of blood samples and
21 other procedures for the operation of this Act. The
22 provisions of the Administrative Review Law shall apply to
23 all actions taken under the rules so promulgated.
24 (i) A person required ordered by the court to provide a
25 blood specimen shall cooperate with the collection of the
26 specimen and any deliberate act by that person intended to
27 impede, delay or stop the collection of the blood specimen is
28 a Class A misdemeanor shall be punishable as contempt of
29 court.
30 (j) Any person required by subsection (a) to submit
31 specimens of blood to the Illinois Department of State Police
32 for analysis and categorization into genetic marker grouping,
33 in addition to any other disposition, penalty, or fine
34 imposed, shall pay an analysis fee of $500. Upon verified
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1 petition of the person, the court may suspend payment of all
2 or part of the fee if it finds that the person does not have
3 the ability to pay the fee.
4 (k) All analysis and categorization fees provided for by
5 subsection (j) shall be regulated as follows:
6 (1) The State Offender DNA Identification System
7 Fund is hereby created as a special fund in the State
8 Treasury.
9 (2) All fees shall be collected by the clerk of the
10 court and forwarded to the State Offender DNA
11 Identification System Fund for deposit. The clerk of the
12 circuit court may retain the amount of $10 from each
13 collected analysis fee to offset administrative costs
14 incurred in carrying out the clerk's responsibilities
15 under this Section.
16 (3) Fees deposited into the State Offender DNA
17 Identification System Fund shall be used by Illinois
18 State Police crime laboratories as designated by the
19 Director of State Police. These funds shall be in
20 addition to any allocations made pursuant to existing
21 laws and shall be designated for the exclusive use of
22 State crime laboratories. These uses may include, but
23 are not limited to, the following:
24 (A) Costs incurred in providing analysis and
25 genetic marker categorization as required by
26 subsection (d).
27 (B) Costs incurred in maintaining genetic
28 marker groupings as required by subsection (e).
29 (C) Costs incurred in the purchase and
30 maintenance of equipment for use in performing
31 analyses.
32 (D) Costs incurred in continuing research and
33 development of new techniques for analysis and
34 genetic marker categorization.
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1 (E) Costs incurred in continuing education,
2 training, and professional development of forensic
3 scientists regularly employed by these laboratories.
4 (Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 12-13-95;
5 89-462, eff. 5-29-96; 89-550, eff. 1-1-97; 90-124, eff.
6 1-1-98; 90-130, eff. 1-1-98; revised 11-14-97.)
7 Section 30. The Mental Health and Developmental
8 Disabilities Confidentiality Act is amended by adding Section
9 9.3 as follows:
10 (740 ILCS 110/9.3 new)
11 Sec. 9.3. Disclosure without consent under the Sexually
12 Violent Persons Commitment Act. Disclosure may be made
13 without consent by any therapist providing mental health or
14 developmental disabilities services pursuant to the
15 provisions of the Sexually Violent Persons Commitment Act.
16 Disclosure may be made to the Attorney General, the State's
17 Attorney participating in the case, the court, and any other
18 party to whom the court directs disclosure to be made. The
19 information disclosed may include any records or
20 communications in the possession of the Department of
21 Corrections, if those records or communications were relied
22 upon by the therapist in providing mental health or
23 developmental disabilities services pursuant to the Sexually
24 Violent Persons Commitment Act.".