Senate Sponsors: GEO-KARIS-CRONIN-PHILIP. House Sponsors: DART-JOHNSON,TOM-SCOTT-SCHOENBERG-BIGGERT Short description: SEXUALLY VIOLENT PERSONS Synopsis of Bill as introduced: Amends the State Employee Indemnification Act to include in the definition of "employee" individuals or organizations that contract with the Department of Human Services to provide for the treatment and other services for sexually violent persons. Amends the Civil Administrative Code to provide that upon request of the Department of Human Services, the Department of State Police shall conduct an assessment and evaluation of a sexually violent person and shall furnish criminal history information maintained on the sexually violent person. Amends the Criminal Code of 1961. Provides that it is a Class 2 felony for a person who is committed to the Department of Human Services under the Sexually Violent Persons Commitment Act or in detention with the Department of Human Services awaiting such a commitment to intentionally escape from a secure residential facility or from the custody of an employee of the facility. Amends the Rights of Crime Victims and Witnesses Act to provide that when a defendant who served his or her sentence is then committed to the Department of Human Services as a sexually violent person, the releasing authority shall inform the Department of Human Services that a victim of that defendant has requested notification, if the victim has made that request, of that defendant's release. Amends the Sexually Violent Persons Commitment Act to provide that the Department of Human Services may investigate the financial condition of a sexually violent person committed under the Act, may make determinations of the ability of each such person to pay for treatment services, and may set a standard as a basis of judging the ability of a committed person to person to pay for treatment. Makes other changes. Amends the Unified Code of Corrections to include in the definition of "committed person" for purposes of the escape statute, a person committed as a sexually violent person and who is held in a secure facility. Effective immediately. SENATE AMENDMENT NO. 1. Deletes reference to: 725 ILCS 207/40 Restores provision that requires the Department of Human Services to arrange for control, care, and treatment of a sexually violent person in the least restrictive manner. Provides that a sexually violent person committed or detained under the Sexually Violent Persons Commitment Act who receives services provided directly or funded by the Department of Human Services and the estate of that person is liable for the payment of sums representing charges for services to the person at a rate to be determined by the Department. Provides that remittances from intermediate agencies under Title XVIII of the Federal Social Security Act for services to committed persons shall be placed in the Mental Health Fund. Provides that payments received from the Department of Public Aid under Title XIX of the Federal Social Security Act for services to committed persons shall be deposited in the General Revenue Fund. HOUSE AMENDMENT NO. 1. Adds reference to: 20 ILCS 4026/5 20 ILCS 4026/10 20 ILCS 4026/15 725 ILCS 207/15 725 ILCS 207/30 730 ILCS 5/5-4-3 from Ch. 38, par. 1005-4-3 740 ILCS 110/9.3 new Amends the Sex Offender Management Board Act. Includes in the definition of "sex offender" a person declared a sexually violent person under the Sexually Violent Persons Commitment Act. Provides that the Sex Offender Management Board shall develop guidelines and standards for a system of programs for the counseling of sex offenders committed to the Department of Human Services. Amends the Sexually Violent Persons Commitment Act. Provides that a petition to have a person adjudged a sexually violent person must be filed within 30 days of the person's placement onto parole or mandatory supervised release for a sexually violent offense. Provides that if the person named in the petition fails to communicate with or cooperate with an expert from the Department of Human Services, he or she cannot introduce testimony or evidence from another expert. Amends the Mental Health and Developmental Disabilities Confidentiality Act to permit the disclosure of mental health records without a therapist's consent under the Sexually Violent Persons Commitment Act. Amends the Unified Code of Corrections relating to DNA testing of persons convicted of certain sexual offenses. Provides that a person who is required to provide a blood specimen who commits acts to impede, delay, or stop the collection of the blood specimen is guilty of a Class A misdemeanor (rather than contempt of court). HOUSE AMENDMENT NO. 2. (House recedes May 22, 1998) Adds reference to: 725 ILCS 207/25 725 ILCS 207/65 Amends the Sexually Violent Persons Commitment Act. Provides that if an indigent person is subject to a petition to be declared a sexually violent person, the court shall appoint counsel from the Legal Advocacy Service of the Guardianship and Advocacy Commission. Provides that the State shall be responsible for the costs of court-appointed counsel for indigent persons under this Act. CORRECTIONAL NOTE, H-AMS 1 & 2 Corrections population and fiscal impacts are minimal. JUDICIAL NOTE, H-AMS 1 & 2 There may be a minimal increase in judicial workloads, but no increase in the need for the number of judges. FISCAL NOTE, H-AMS 1 & 2 (Dpt. Human Services) The fiscal impact on the Department is minimal. FISCAL NOTE, H-am 2 (Guardianship & Advocacy Comm.) Costs related to 16 new staff total $1.2 million. Last action on Bill: PUBLIC ACT.............................. 90-0793 Last action date: 98-08-14 Location: Senate Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 2 SENATE - 1 END OF INQUIRY Full Text Bill Status