[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
| [ House Amendment 001 ] | [ Senate Amendment 001 ] |
90_SB1713ham002
LRB9008710WHmgam04
1 AMENDMENT TO SENATE BILL 1713
2 AMENDMENT NO. . Amend Senate Bill 1713, AS AMENDED,
3 in the introductory clause of Section 20, by changing "30,
4 50, 55," to "25, 30, 50, 55, 65,"; and
5 in Section 20, by inserting after Sec. 15 the following:
6 "(725 ILCS 207/25)
7 Sec. 25. Rights of persons subject to petition.
8 (a) Any person who is the subject of a petition filed
9 under Section 15 of this Act shall be served with a copy of
10 the petition in accordance with the Civil Practice Law.
11 (b) The circuit court in which a petition under Section
12 15 of this Act is filed shall conduct all hearings under this
13 Act. The court shall give the person who is the subject of
14 the petition reasonable notice of the time and place of each
15 such hearing. The court may designate additional persons to
16 receive these notices.
17 (c) Except as provided in paragraph (b)(1) of Section 65
18 and Section 70 of this Act, at any hearing conducted under
19 this Act, the person who is the subject of the petition has
20 the right to:
21 (1) To be present and to be represented by counsel.
22 If the person is indigent, the court shall appoint
-2- LRB9008710WHmgam04
1 counsel from the Legal Advocacy Service of the
2 Guardianship and Advocacy Commission. The State shall be
3 responsible for the costs of court-appointed counsel for
4 indigent persons under this Act.
5 (2) Remain silent.
6 (3) Present and cross-examine witnesses.
7 (4) Have the hearing recorded by a court reporter.
8 (d) The person who is the subject of the petition, the
9 person's attorney, the Attorney General or the State's
10 Attorney may request that a trial under Section 35 of this
11 Act be to a jury. A verdict of a jury under this Act is not
12 valid unless it is unanimous.
13 (e) Whenever the person who is the subject of the
14 petition is required to submit to an examination under this
15 Act, he or she may retain experts or professional persons to
16 perform an examination. If the person retains a qualified
17 expert or professional person of his or her own choice to
18 conduct an examination, the examiner shall have reasonable
19 access to the person for the purpose of the examination, as
20 well as to the person's past and present treatment records
21 and patient health care records. If the person is indigent,
22 the court shall, upon the person's request, appoint a
23 qualified and available expert or professional person to
24 perform an examination. Upon the order of the circuit court,
25 the county shall pay, as part of the costs of the action, the
26 costs of a court-appointed expert or professional person to
27 perform an examination and participate in the trial on behalf
28 of an indigent person.
29 (Source: P.A. 90-40, eff. 1-1-98.)"; and
30 in Section 20, by inserting after Sec. 55 the following:
31 "(725 ILCS 207/65)
32 Sec. 65. Petition for discharge; procedure.
33 (a)(1) If the Secretary determines at any time that a
-3- LRB9008710WHmgam04
1 person committed under this Act is no longer a sexually
2 violent person, the Secretary shall authorize the person to
3 petition the committing court for discharge. The person
4 shall file the petition with the court and serve a copy upon
5 the Attorney General or the State's Attorney's office that
6 filed the petition under subsection (a) of Section 15 of this
7 Act, whichever is applicable. The court, upon receipt of the
8 petition for discharge, shall order a hearing to be held
9 within 45 days after the date of receipt of the petition.
10 (2) At a hearing under this subsection, the Attorney
11 General or State's Attorney, whichever filed the original
12 petition, shall represent the State and shall have the right
13 to have the petitioner examined by an expert or professional
14 person of his or her choice. The hearing shall be before the
15 court without a jury. The State has the burden of proving by
16 clear and convincing evidence that the petitioner is still a
17 sexually violent person.
18 (3) If the court is satisfied that the State has not met
19 its burden of proof under paragraph (a)(2) of this Section,
20 the petitioner shall be discharged from the custody or
21 supervision of the Department. If the court is satisfied
22 that the State has met its burden of proof under paragraph
23 (a)(2), the court may proceed under Section 40 of this Act to
24 determine whether to modify the petitioner's existing
25 commitment order.
26 (b)(1) A person may petition the committing court for
27 discharge from custody or supervision without the Secretary's
28 approval. At the time of an examination under subsection (a)
29 of Section 55 of this Act, the Secretary shall provide the
30 committed person with a written notice of the person's right
31 to petition the court for discharge over the Secretary's
32 objection. The notice shall contain a waiver of rights. The
33 Secretary shall forward the notice and waiver form to the
34 court with the report of the Department's examination under
-4- LRB9008710WHmgam04
1 Section 55 of this Act. If the person does not affirmatively
2 waive the right to petition, the court shall set a probable
3 cause hearing to determine whether facts exist that warrant a
4 hearing on whether the person is still a sexually violent
5 person. The committed person has a right to have an attorney
6 represent him or her at the probable cause hearing, but the
7 person is not entitled to be present at the probable cause
8 hearing. If the committed person is indigent, he or she has a
9 right to be represented at the probable cause hearing by an
10 attorney from the Legal Advocacy Service of the Guardianship
11 and Advocacy Commission.
12 (2) If the court determines at the probable cause
13 hearing under paragraph (b)(1) of this Section that probable
14 cause exists to believe that the committed person is no
15 longer a sexually violent person, then the court shall set a
16 hearing on the issue. At a hearing under this Section, the
17 committed person is entitled to be present and to the benefit
18 of the protections afforded to the person under Section 25 of
19 this Act. The Attorney General or State's Attorney,
20 whichever filed the original petition, shall represent the
21 State at a hearing under this Section. The hearing under
22 this Section shall be to the court. The State has the right
23 to have the committed person evaluated by experts chosen by
24 the State. At the hearing, the State has the burden of
25 proving by clear and convincing evidence that the committed
26 person is still a sexually violent person.
27 (3) If the court is satisfied that the State has not met
28 its burden of proof under paragraph (b)(2) of this Section,
29 the person shall be discharged from the custody or
30 supervision of the Department. If the court is satisfied
31 that the State has met its burden of proof under paragraph
32 (b)(2) of this Section, the court may proceed under Section
33 40 of this Act to determine whether to modify the person's
34 existing commitment order.
-5- LRB9008710WHmgam04
1 (Source: P.A. 90-40, eff. 1-1-98.)".