[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
92_HB2088enr HB2088 Enrolled LRB9206809RCcd 1 AN ACT in relation to sexually violent persons. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Juvenile Court Act of 1987 is amended by 5 changing Sections 1-7 and 1-8 as follows: 6 (705 ILCS 405/1-7) (from Ch. 37, par. 801-7) 7 Sec. 1-7. Confidentiality of law enforcement records. 8 (A) Inspection and copying of law enforcement records 9 maintained by law enforcement agencies that relate to a minor 10 who has been arrested or taken into custody before his or her 11 17th birthday shall be restricted to the following: 12 (1) Any local, State or federal law enforcement 13 officers of any jurisdiction or agency when necessary for 14 the discharge of their official duties during the 15 investigation or prosecution of a crime or relating to a 16 minor who has been adjudicated delinquent and there has 17 been a previous finding that the act which constitutes 18 the previous offense was committed in furtherance of 19 criminal activities by a criminal street gang. For 20 purposes of this Section, "criminal street gang" has the 21 meaning ascribed to it in Section 10 of the Illinois 22 Streetgang Terrorism Omnibus Prevention Act. 23 (2) Prosecutors, probation officers, social 24 workers, or other individuals assigned by the court to 25 conduct a pre-adjudication or pre-disposition 26 investigation, and individuals responsible for 27 supervising or providing temporary or permanent care and 28 custody for minors pursuant to the order of the juvenile 29 court, when essential to performing their 30 responsibilities. 31 (3) Prosecutors and probation officers: HB2088 Enrolled -2- LRB9206809RCcd 1 (a) in the course of a trial when institution 2 of criminal proceedings has been permitted or 3 required under Section 5-805; or 4 (b) when institution of criminal proceedings 5 has been permitted or required under Section 5-805 6 and such minor is the subject of a proceeding to 7 determine the amount of bail; or 8 (c) when criminal proceedings have been 9 permitted or required under Section 5-805 and such 10 minor is the subject of a pre-trial investigation, 11 pre-sentence investigation, fitness hearing, or 12 proceedings on an application for probation. 13 (4) Adult and Juvenile Prisoner Review Board. 14 (5) Authorized military personnel. 15 (6) Persons engaged in bona fide research, with the 16 permission of the Presiding Judge of the Juvenile Court 17 and the chief executive of the respective law enforcement 18 agency; provided that publication of such research 19 results in no disclosure of a minor's identity and 20 protects the confidentiality of the minor's record. 21 (7) Department of Children and Family Services 22 child protection investigators acting in their official 23 capacity. 24 (8) The appropriate school official. Inspection 25 and copying shall be limited to law enforcement records 26 transmitted to the appropriate school official by a local 27 law enforcement agency under a reciprocal reporting 28 system established and maintained between the school 29 district and the local law enforcement agency under 30 Section 10-20.14 of the School Code concerning a minor 31 enrolled in a school within the school district who has 32 been arrested or taken into custody for any of the 33 following offenses: 34 (i) unlawful use of weapons under Section 24-1 HB2088 Enrolled -3- LRB9206809RCcd 1 of the Criminal Code of 1961; 2 (ii) a violation of the Illinois Controlled 3 Substances Act; 4 (iii) a violation of the Cannabis Control Act; 5 or 6 (iv) a forcible felony as defined in Section 7 2-8 of the Criminal Code of 1961. 8 (9) Mental health professionals on behalf of the 9 Illinois Department of Corrections or the Department of 10 Human Services or prosecutors who are evaluating, 11 prosecuting, or investigating a potential or actual 12 petition brought under the Sexually Violent Persons 13 Commitment Act relating to a person who is the subject of 14 juvenile law enforcement records or the respondent to a 15 petition brought under the Sexually Violent Persons 16 Commitment Act who is the subject of the juvenile law 17 enforcement records sought. Any records and any 18 information obtained from those records under this 19 paragraph (9) may be used only in sexually violent 20 persons commitment proceedings. 21 (B) (1) Except as provided in paragraph (2), no law 22 enforcement officer or other person or agency may 23 knowingly transmit to the Department of Corrections, 24 Adult Division or the Department of State Police or to 25 the Federal Bureau of Investigation any fingerprint or 26 photograph relating to a minor who has been arrested or 27 taken into custody before his or her 17th birthday, 28 unless the court in proceedings under this Act authorizes 29 the transmission or enters an order under Section 5-805 30 permitting or requiring the institution of criminal 31 proceedings. 32 (2) Law enforcement officers or other persons or 33 agencies shall transmit to the Department of State 34 Police copies of fingerprints and descriptions of all HB2088 Enrolled -4- LRB9206809RCcd 1 minors who have been arrested or taken into custody 2 before their 17th birthday for the offense of unlawful 3 use of weapons under Article 24 of the Criminal Code of 4 1961, a Class X or Class 1 felony, a forcible felony as 5 defined in Section 2-8 of the Criminal Code of 1961, or a 6 Class 2 or greater felony under the Cannabis Control Act, 7 the Illinois Controlled Substances Act, or Chapter 4 of 8 the Illinois Vehicle Code, pursuant to Section 5 of the 9 Criminal Identification Act. Information reported to the 10 Department pursuant to this Section may be maintained 11 with records that the Department files pursuant to 12 Section 2.1 of the Criminal Identification Act. Nothing 13 in this Act prohibits a law enforcement agency from 14 fingerprinting a minor taken into custody or arrested 15 before his or her 17th birthday for an offense other than 16 those listed in this paragraph (2). 17 (C) The records of law enforcement officers concerning 18 all minors under 17 years of age must be maintained separate 19 from the records of arrests and may not be open to public 20 inspection or their contents disclosed to the public except 21 by order of the court or when the institution of criminal 22 proceedings has been permitted or required under Section 23 5-805 or such a person has been convicted of a crime and is 24 the subject of pre-sentence investigation or proceedings on 25 an application for probation or when provided by law. 26 (D) Nothing contained in subsection (C) of this Section 27 shall prohibit the inspection or disclosure to victims and 28 witnesses of photographs contained in the records of law 29 enforcement agencies when the inspection and disclosure is 30 conducted in the presence of a law enforcement officer for 31 the purpose of the identification or apprehension of any 32 person subject to the provisions of this Act or for the 33 investigation or prosecution of any crime. 34 (E) Law enforcement officers may not disclose the HB2088 Enrolled -5- LRB9206809RCcd 1 identity of any minor in releasing information to the general 2 public as to the arrest, investigation or disposition of any 3 case involving a minor. 4 (F) Nothing contained in this Section shall prohibit law 5 enforcement agencies from communicating with each other by 6 letter, memorandum, teletype or intelligence alert bulletin 7 or other means the identity or other relevant information 8 pertaining to a person under 17 years of age if there are 9 reasonable grounds to believe that the person poses a real 10 and present danger to the safety of the public or law 11 enforcement officers. The information provided under this 12 subsection (F) shall remain confidential and shall not be 13 publicly disclosed, except as otherwise allowed by law. 14 (G) Nothing in this Section shall prohibit the right of 15 a Civil Service Commission or appointing authority of any 16 state, county or municipality examining the character and 17 fitness of an applicant for employment with a law enforcement 18 agency, correctional institution, or fire department from 19 obtaining and examining the records of any law enforcement 20 agency relating to any record of the applicant having been 21 arrested or taken into custody before the applicant's 17th 22 birthday. 23 (Source: P.A. 90-127, eff. 1-1-98; 91-357, eff. 7-29-99; 24 91-368, eff. 1-1-00.) 25 (705 ILCS 405/1-8) (from Ch. 37, par. 801-8) 26 Sec. 1-8. Confidentiality and accessibility of juvenile 27 court records. 28 (A) Inspection and copying of juvenile court records 29 relating to a minor who is the subject of a proceeding under 30 this Act shall be restricted to the following: 31 (1) The minor who is the subject of record, his 32 parents, guardian and counsel. 33 (2) Law enforcement officers and law enforcement HB2088 Enrolled -6- LRB9206809RCcd 1 agencies when such information is essential to executing 2 an arrest or search warrant or other compulsory process, 3 or to conducting an ongoing investigation or relating to 4 a minor who has been adjudicated delinquent and there has 5 been a previous finding that the act which constitutes 6 the previous offense was committed in furtherance of 7 criminal activities by a criminal street gang. 8 Before July 1, 1994, for the purposes of this 9 Section, "criminal street gang" means any ongoing 10 organization, association, or group of 3 or more persons, 11 whether formal or informal, having as one of its primary 12 activities the commission of one or more criminal acts 13 and that has a common name or common identifying sign, 14 symbol or specific color apparel displayed, and whose 15 members individually or collectively engage in or have 16 engaged in a pattern of criminal activity. 17 Beginning July 1, 1994, for purposes of this 18 Section, "criminal street gang" has the meaning ascribed 19 to it in Section 10 of the Illinois Streetgang Terrorism 20 Omnibus Prevention Act. 21 (3) Judges, hearing officers, prosecutors, 22 probation officers, social workers or other individuals 23 assigned by the court to conduct a pre-adjudication or 24 predisposition investigation, and individuals responsible 25 for supervising or providing temporary or permanent care 26 and custody for minors pursuant to the order of the 27 juvenile court when essential to performing their 28 responsibilities. 29 (4) Judges, prosecutors and probation officers: 30 (a) in the course of a trial when institution 31 of criminal proceedings has been permitted or 32 required under Section 5-805; or 33 (b) when criminal proceedings have been 34 permitted or required under Section 5-805 and a HB2088 Enrolled -7- LRB9206809RCcd 1 minor is the subject of a proceeding to determine 2 the amount of bail; or 3 (c) when criminal proceedings have been 4 permitted or required under Section 5-805 and a 5 minor is the subject of a pre-trial investigation, 6 pre-sentence investigation or fitness hearing, or 7 proceedings on an application for probation; or 8 (d) when a minor becomes 17 years of age or 9 older, and is the subject of criminal proceedings, 10 including a hearing to determine the amount of bail, 11 a pre-trial investigation, a pre-sentence 12 investigation, a fitness hearing, or proceedings on 13 an application for probation. 14 (5) Adult and Juvenile Prisoner Review Boards. 15 (6) Authorized military personnel. 16 (7) Victims, their subrogees and legal 17 representatives; however, such persons shall have access 18 only to the name and address of the minor and information 19 pertaining to the disposition or alternative adjustment 20 plan of the juvenile court. 21 (8) Persons engaged in bona fide research, with the 22 permission of the presiding judge of the juvenile court 23 and the chief executive of the agency that prepared the 24 particular records; provided that publication of such 25 research results in no disclosure of a minor's identity 26 and protects the confidentiality of the record. 27 (9) The Secretary of State to whom the Clerk of the 28 Court shall report the disposition of all cases, as 29 required in Section 6-204 of the Illinois Vehicle Code. 30 However, information reported relative to these offenses 31 shall be privileged and available only to the Secretary 32 of State, courts, and police officers. 33 (10) The administrator of a bonafide substance 34 abuse student assistance program with the permission of HB2088 Enrolled -8- LRB9206809RCcd 1 the presiding judge of the juvenile court. 2 (11) Mental health professionals on behalf of the 3 Illinois Department of Corrections or the Department of 4 Human Services or prosecutors who are evaluating, 5 prosecuting, or investigating a potential or actual 6 petition brought under the Sexually Persons Commitment 7 Act relating to a person who is the subject of juvenile 8 court records or the respondent to a petition brought 9 under the Sexually Violent Persons Commitment Act, who is 10 the subject of juvenile court records sought. Any 11 records and any information obtained from those records 12 under this paragraph (11) may be used only in sexually 13 violent persons commitment proceedings. 14 (B) A minor who is the victim in a juvenile proceeding 15 shall be provided the same confidentiality regarding 16 disclosure of identity as the minor who is the subject of 17 record. 18 (C) Except as otherwise provided in this subsection (C), 19 juvenile court records shall not be made available to the 20 general public but may be inspected by representatives of 21 agencies, associations and news media or other properly 22 interested persons by general or special order of the court. 23 The State's Attorney, the minor, his parents, guardian and 24 counsel shall at all times have the right to examine court 25 files and records. 26 (1) The court shall allow the general public to 27 have access to the name, address, and offense of a minor 28 who is adjudicated a delinquent minor under this Act 29 under either of the following circumstances: 30 (A) The adjudication of delinquency was based 31 upon the minor's commission of first degree murder, 32 attempt to commit first degree murder, aggravated 33 criminal sexual assault, or criminal sexual assault; 34 or HB2088 Enrolled -9- LRB9206809RCcd 1 (B) The court has made a finding that the 2 minor was at least 13 years of age at the time the 3 act was committed and the adjudication of 4 delinquency was based upon the minor's commission 5 of: (i) an act in furtherance of the commission of a 6 felony as a member of or on behalf of a criminal 7 street gang, (ii) an act involving the use of a 8 firearm in the commission of a felony, (iii) an act 9 that would be a Class X felony offense under or the 10 minor's second or subsequent Class 2 or greater 11 felony offense under the Cannabis Control Act if 12 committed by an adult, (iv) an act that would be a 13 second or subsequent offense under Section 402 of 14 the Illinois Controlled Substances Act if committed 15 by an adult, or (v) an act that would be an offense 16 under Section 401 of the Illinois Controlled 17 Substances Act if committed by an adult. 18 (2) The court shall allow the general public to 19 have access to the name, address, and offense of a minor 20 who is at least 13 years of age at the time the offense 21 is committed and who is convicted, in criminal 22 proceedings permitted or required under Section 5-4, 23 under either of the following circumstances: 24 (A) The minor has been convicted of first 25 degree murder, attempt to commit first degree 26 murder, aggravated criminal sexual assault, or 27 criminal sexual assault, 28 (B) The court has made a finding that the 29 minor was at least 13 years of age at the time the 30 offense was committed and the conviction was based 31 upon the minor's commission of: (i) an offense in 32 furtherance of the commission of a felony as a 33 member of or on behalf of a criminal street gang, 34 (ii) an offense involving the use of a firearm in HB2088 Enrolled -10- LRB9206809RCcd 1 the commission of a felony, (iii) a Class X felony 2 offense under or a second or subsequent Class 2 or 3 greater felony offense under the Cannabis Control 4 Act, (iv) a second or subsequent offense under 5 Section 402 of the Illinois Controlled Substances 6 Act, or (v) an offense under Section 401 of the 7 Illinois Controlled Substances Act. 8 (D) Pending or following any adjudication of delinquency 9 for any offense defined in Sections 12-13 through 12-16 of 10 the Criminal Code of 1961, the victim of any such offense 11 shall receive the rights set out in Sections 4 and 6 of the 12 Bill of Rights for Victims and Witnesses of Violent Crime 13 Act; and the juvenile who is the subject of the adjudication, 14 notwithstanding any other provision of this Act, shall be 15 treated as an adult for the purpose of affording such rights 16 to the victim. 17 (E) Nothing in this Section shall affect the right of a 18 Civil Service Commission or appointing authority of any 19 state, county or municipality examining the character and 20 fitness of an applicant for employment with a law enforcement 21 agency, correctional institution, or fire department to 22 ascertain whether that applicant was ever adjudicated to be a 23 delinquent minor and, if so, to examine the records of 24 disposition or evidence which were made in proceedings under 25 this Act. 26 (F) Following any adjudication of delinquency for a 27 crime which would be a felony if committed by an adult, or 28 following any adjudication of delinquency for a violation of 29 Section 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 30 1961, the State's Attorney shall ascertain whether the minor 31 respondent is enrolled in school and, if so, shall provide a 32 copy of the dispositional order to the principal or chief 33 administrative officer of the school. Access to such 34 juvenile records shall be limited to the principal or chief HB2088 Enrolled -11- LRB9206809RCcd 1 administrative officer of the school and any guidance 2 counselor designated by him. 3 (G) Nothing contained in this Act prevents the sharing 4 or disclosure of information or records relating or 5 pertaining to juveniles subject to the provisions of the 6 Serious Habitual Offender Comprehensive Action Program when 7 that information is used to assist in the early 8 identification and treatment of habitual juvenile offenders. 9 (H) When a Court hearing a proceeding under Article II 10 of this Act becomes aware that an earlier proceeding under 11 Article II had been heard in a different county, that Court 12 shall request, and the Court in which the earlier proceedings 13 were initiated shall transmit, an authenticated copy of the 14 Court record, including all documents, petitions, and orders 15 filed therein and the minute orders, transcript of 16 proceedings, and docket entries of the Court. 17 (I) The Clerk of the Circuit Court shall report to the 18 Department of State Police, in the form and manner required 19 by the Department of State Police, the final disposition of 20 each minor who has been arrested or taken into custody before 21 his or her 17th birthday for those offenses required to be 22 reported under Section 5 of the Criminal Identification Act. 23 Information reported to the Department under this Section may 24 be maintained with records that the Department files under 25 Section 2.1 of the Criminal Identification Act. 26 (Source: P.A. 90-28, eff. 1-1-98; 90-87, eff. 9-1-97; 90-127, 27 eff. 1-1-98; 90-655, eff. 7-30-98; 91-357, eff. 7-29-99; 28 91-368, eff. 1-1-00.) 29 Section 10. The Criminal Code of 1961 is amended by 30 changing Section 11-9.2 as follows: 31 (720 ILCS 5/11-9.2) 32 Sec. 11-9.2. Custodial sexual misconduct. HB2088 Enrolled -12- LRB9206809RCcd 1 (a) A person commits the offense of custodial sexual 2 misconduct when: (1) he or she is an employee of a penal 3 system and engages in sexual conduct or sexual penetration 4 with a person who is in the custody of that penal system or 5 (2) he or she is an employee of a treatment and detention 6 facility and engages in sexual conduct or sexual penetration 7 with a person who is in the custody of that treatment and 8 detention facility. 9 (b) A probation or supervising officer or surveillance 10 agent commits the offense of custodial sexual misconduct when 11 the probation or supervising officer or surveillance agent 12 engages in sexual conduct or sexual penetration with a 13 probationer, parolee, or releasee or person serving a term of 14 conditional release who is under the supervisory, 15 disciplinary, or custodial authority of the officer or agent 16 so engaging in the sexual conduct or sexual penetration. 17 (c) Custodial sexual misconduct is a Class 3 felony. 18 (d) Any person convicted of violating this Section 19 immediately shall forfeit his or her employment with a penal 20 system, treatment and detention facility, or conditional 21 release program. 22 (e) For purposes of this Section, the consent of the 23 probationer, parolee, releasee, or inmate in custody of the 24 penal system or person detained or civilly committed under 25 the Sexually Violent Persons Commitment Act shall not be a 26 defense to a prosecution under this Section. A person is 27 deemed incapable of consent, for purposes of this Section, 28 when he or she is a probationer, parolee, releasee, or inmate 29 in custody of a penal system or person detained or civilly 30 committed under the Sexually Violent Persons Commitment Act. 31 (f) This Section does not apply to: 32 (1) Any employee, probation,or supervising 33 officer, or surveillance agent who is lawfully married to 34 a person in custody if the marriage occurred before the HB2088 Enrolled -13- LRB9206809RCcd 1 date of custody. 2 (2) Any employee, probation,or supervising 3 officer, or surveillance agent who has no knowledge, and 4 would have no reason to believe, that the person with 5 whom he or she engaged in custodial sexual misconduct was 6 a person in custody. 7 (g) In this Section: 8 (1) "Custody" means: 9 (i) pretrial incarceration or detention; 10 (ii) incarceration or detention under a 11 sentence or commitment to a State or local penal 12 institution; 13 (iii) parole or mandatory supervised release; 14 (iv) electronic home detention; 15 (v) probation; 16 (vi) detention or civil commitment either in 17 secure care or in the community under the Sexually 18 Violent Persons Commitment Act. 19 (2) "Penal system" means any system which includes 20 institutions as defined in Section 2-14 of this Code or a 21 county shelter care or detention home established under 22 Section 1 of the County Shelter Care and Detention Home 23 Act. 24 (2.1) "Treatment and detention facility" means any 25 Department of Human Services facility established for the 26 detention or civil commitment of persons under the 27 Sexually Violent Persons Commitment Act. 28 (2.2) "Conditional release" means a program of 29 treatment and services, vocational services, and alcohol 30 or other drug abuse treatment provided to any person 31 civilly committed and conditionally released to the 32 community under the Sexually Violent Persons Commitment 33 Act; 34 (3) "Employee" means: HB2088 Enrolled -14- LRB9206809RCcd 1 (i) an employee of any governmental agency of 2 this State or any county or municipal corporation 3 that has by statute, ordinance, or court order the 4 responsibility for the care, control, or supervision 5 of pretrial or sentenced persons in a penal system 6 or persons detained or civilly committed under the 7 Sexually Violent Persons Commitment Act; 8 (ii) a contractual employee of a penal system 9 as defined in paragraph (g)(2) of this Section who 10 works in a penal institution as defined in Section 11 2-14 of this Code; 12 (iii) a contractual employee of a "treatment 13 and detention facility" as defined in paragraph 14 (g)(2.1) of this Code or a contractual employee of 15 the Department of Human Services who provides 16 supervision of persons serving a term of conditional 17 release as defined in paragraph (g)(2.2) of this 18 Code. 19 (4) "Sexual conduct" or "sexual penetration" means 20 any act of sexual conduct or sexual penetration as 21 defined in Section 12-12 of this Code. 22 (5) "Probation officer" means any person employed 23 in a probation or court services department as defined in 24 Section 9b of the Probation and Probation Officers Act. 25 (6) "Supervising officer" means any person employed 26 to supervise persons placed on parole or mandatory 27 supervised release with the duties described in Section 28 3-14-2 of the Unified Code of Corrections. 29 (7) "Surveillance agent" means any person employed 30 or contracted to supervise persons placed on conditional 31 release in the community under the Sexually Violent 32 Persons Commitment Act. 33 (Source: P.A. 90-66, eff. 7-7-97; 90-655, eff. 7-30-98.) HB2088 Enrolled -15- LRB9206809RCcd 1 Section 15. The Sexually Violent Persons Commitment Act 2 is amended by changing Sections 30, 35, 40, 60, and 65 as 3 follows: 4 (725 ILCS 207/30) 5 Sec. 30. Detention; probable cause hearing; transfer for 6 examination. 7 (a) Upon the filing of a petition under Section 15 of 8 this Act, the court shall review the petition to determine 9 whether to issue an order for detention of the person who is 10 the subject of the petition. The person shall be detained 11 only if there is cause to believe that the person is eligible 12 for commitment under subsection (f) of Section 35 of this 13 Act. A person detained under this Section shall be held in a 14 facility approved by the Department. If the person is 15 serving a sentence of imprisonment, is in a Department of 16 Corrections correctional facility or juvenile correctional 17 facility or is committed to institutional care, and the court 18 orders detention under this Section, the court shall order 19 that the person be transferred to a detention facility 20 approved by the Department. A detention order under this 21 Section remains in effect until the person is discharged 22 after a trial under Section 35 of this Act or until the 23 effective date of a commitment order under Section 40 of this 24 Act, whichever is applicable. 25 (b) Whenever a petition is filed under Section 15 of 26 this Act, the court shall hold a hearing to determine whether 27 there is probable cause to believe that the person named in 28 the petition is a sexually violent person. If the person 29 named in the petition is in custody, the court shall hold the 30 probable cause hearing within 72 hours after the petition is 31 filed, excluding Saturdays, Sundays and legal holidays. The 32 court may grant a continuance of the probable cause hearing 33 for no more than 7 additional days upon the motion of the HB2088 Enrolled -16- LRB9206809RCcd 1 respondent, for good cause. If the person named in the 2 petition has been released, is on parole, is on mandatory 3 supervised release, or otherwise is not in custody, the court 4 shall hold the probable cause hearing within a reasonable 5 time after the filing of the petition. At the probable cause 6 hearing, the court shall admit and consider all relevant 7 hearsay evidence. 8 (c) If the court determines after a hearing that there 9 is probable cause to believe that the person named in the 10 petition is a sexually violent person, the court shall order 11 that the person be taken into custody if he or she is not in 12 custody and shall order the person to be transferred within a 13 reasonable time to an appropriate facility for an evaluation 14 as to whether the person is a sexually violent person. If the 15 person who is named in the petition refuses to speak to, 16 communicate with, or otherwise fails to cooperate with the 17 examining evaluator from the Department of Human Services or 18 the Department of Corrections, that person may only introduce 19 evidence and testimony from any expert or professional person 20 who is retained or court-appointed to conduct an examination 21 of the person that results from a review of the records and 22 may not introduce evidence resulting from an examination of 23 the person.If the person named in the petition refuses to24speak to, communicate with, or otherwise fails to cooperate25with the expert from the Department of Human Services who is26conducting the evaluation, the person shall be prohibited27from introducing testimony or evidence from any expert or28professional person who is retained or court appointed to29conduct an evaluation of the person.Notwithstanding the 30 provisions of Section 10 of the Mental Health and 31 Developmental Disabilities Confidentiality Act, all 32 evaluations conducted pursuant to this Act and all Illinois 33 Department of Corrections treatment records shall be 34 admissible at all proceedings held pursuant to this Act, HB2088 Enrolled -17- LRB9206809RCcd 1 including the probable cause hearing and the trial. 2 If the court determines that probable cause does not 3 exist to believe that the person is a sexually violent 4 person, the court shall dismiss the petition. 5 (d) The Department shall promulgate rules that provide 6 the qualifications for persons conducting evaluations under 7 subsection (c) of this Section. 8 (e) If the person named in the petition claims or 9 appears to be indigent, the court shall, prior to the 10 probable cause hearing under subsection (b) of this Section, 11 appoint counsel. 12 (Source: P.A. 90-40, eff. 1-1-98; 90-793, eff. 8-14-98.) 13 (725 ILCS 207/35) 14 Sec. 35. Trial. 15 (a) A trial to determine whether the person who is the 16 subject of a petition under Section 15 of this Act is a 17 sexually violent person shall commence no later than 1204518 days after the date of the probable cause hearing under 19 Section 30 of this Act. Delay is considered to be agreed to 20 by the person unless he or she objects to the delay by making 21 a written demand for trial or an oral demand for trial on the 22 record. Delay occasioned by the person temporarily suspends 23 for the time of the delay the period within which a person 24 must be tried. If the delay occurs within 21 days after the 25 end of the period within which a person must be tried, the 26 court may continue the cause on application of the State for 27 not more than an additional 21 days beyond the period 28 prescribed. The court may grant a continuance of the trial 29 date for good cause upon its own motion, the motion of any 30 party or the stipulation of the parties, provided that any 31 continuance granted shall be subject to Section 103-5 of the 32 Code of Criminal Procedure of 1963. 33 (b)At the trial to determine whether the person who isHB2088 Enrolled -18- LRB9206809RCcd 1the subject of a petition under Section 15 of this Act is a2sexually violent person, all rules of evidence in criminal3actions apply. All constitutional rights available to a4defendant in a criminal proceeding are available to the5person.At the trial on the petition it shall be competent 6 to introduce evidence of the commission by the respondent of 7 any number of crimes together with whatever punishments, if 8 any, were imposed. The petitioner may present expert 9 testimony from both the Illinois Department of Corrections 10 evaluator and the Department of Human Services psychologist. 11 (c) The person who is the subject of the petition, the 12 person's attorney, the Attorney General or the State's 13 Attorney may request that a trial under this Section be by a 14 jury. A request for a jury trial under this subsection shall 15 be made within 10 days after the probable cause hearing under 16 Section 30 of this Act. If no request is made, the trial 17 shall be by the court. The person, the person's attorney or 18 the Attorney General or State's Attorney, whichever is 19 applicable, may withdraw his or her request for a jury trial. 20 (d) (1) At a trial on a petition under this Act, the 21 petitioner has the burden of proving the allegations in 22 the petition beyond a reasonable doubt. 23 (2) If the State alleges that the sexually violent 24 offense or act that forms the basis for the petition was 25 an act that was sexually motivated as provided in 26 paragraph (e)(2) of Section 5 of this Act, the State is 27 required to prove beyond a reasonable doubt that the 28 alleged sexually violent act was sexually motivated. 29 (e) Evidence that the person who is the subject of a 30 petition under Section 15 of this Act was convicted for or 31 committed sexually violent offenses before committing the 32 offense or act on which the petition is based is not 33 sufficient to establish beyond a reasonable doubt that the 34 person has a mental disorder. HB2088 Enrolled -19- LRB9206809RCcd 1 (f) If the court or jury determines that the person who 2 is the subject of a petition under Section 15 is a sexually 3 violent person, the court shall enter a judgment on that 4 finding and shall commit the person as provided under Section 5 40 of this Act. If the court or jury is not satisfied beyond 6 a reasonable doubt that the person is a sexually violent 7 person, the court shall dismiss the petition and direct that 8 the person be released unless he or she is under some other 9 lawful restriction. 10 (g) A judgment entered under subsection (f) of this 11 Section on the finding that the person who is the subject of 12 a petition under Section 15 is a sexually violent person is 13 interlocutory to a commitment order under Section 40 and is 14 reviewable on appeal. 15 (Source: P.A. 90-40, eff. 1-1-98; 91-875, eff. 6-30-00.) 16 (725 ILCS 207/40) 17 Sec. 40. Commitment. 18 (a) If a court or jury determines that the person who is 19 the subject of a petition under Section 15 of this Act is a 20 sexually violent person, the court shall order the person to 21 be committed to the custody of the Department for control, 22 care and treatment until such time as the person is no longer 23 a sexually violent person. 24 (b) (1) The court shall enter an initial commitment 25 order under this Section pursuant to a hearing held as 26 soon as practicable after the judgment is entered that 27 the person who is the subject of a petition under Section 28 15 is a sexually violent person. If the court lacks 29 sufficient information to make the determination required 30 by paragraph (b)(2) of this Section immediately after 31 trial, it may adjourn the hearing and order the 32 Department to conduct a predisposition investigation or a 33 supplementary mental examination, or both, to assist the HB2088 Enrolled -20- LRB9206809RCcd 1 court in framing the commitment order. A supplementary 2 mental examination under this Section shall be conducted 3 in accordance with Section 3-804 of the Mental Health and 4 Developmental Disabilities Code. 5 (2) An order for commitment under this Section 6 shall specify either institutional care in a secure 7 facility, as provided under Section 50 of this Act, or 8 conditional release. In determining whether commitment 9 shall be for institutional care in a secure facility or 10 for conditional release, the court shallmustconsider 11 the nature and circumstances of the behavior that was the 12 basis of the allegation in the petition under paragraph 13 (b)(1) of Section 15, the person's mental history and 14 present mental condition, where the person will live, how 15 the person will support himself or herself, and what 16 arrangements are available to ensure that the person has 17 access to and will participate in necessary treatment. 18 The Department shall arrange for control, care and 19 treatment of the person in the least restrictive manner 20 consistent with the requirements of the person and in 21 accordance with the court's commitment order. 22 (3) If the court finds that the person is 23 appropriate for conditional release, the court shall 24 notify the Department. The Department shall prepare a 25 plan that identifies the treatment and services, if any, 26 that the person will receive in the community. The plan 27 shall address the person's need, if any, for supervision, 28 counseling, medication, community support services, 29 residential services, vocational services, and alcohol or 30 other drug abuse treatment. The Department may contract 31 with a county health department, with another public 32 agency or with a private agency to provide the treatment 33 and services identified in the plan. The plan shall 34 specify who will be responsible for providing the HB2088 Enrolled -21- LRB9206809RCcd 1 treatment and services identified in the plan. The plan 2 shall be presented to the court for its approval within 3 60 days after the court finding that the person is 4 appropriate for conditional release, unless the 5 Department and the person to be released request 6 additional time to develop the plan. The conditional 7 release program operated under this Section is not 8 subject to the provisions of the Mental Health and 9 Developmental Disabilities Confidentiality Act. 10 (4) An order for conditional release places the 11 person in the custody and control of the Department. A 12 person on conditional release is subject to the 13 conditions set by the court and to the rules of the 14 Department. Before a person is placed on conditional 15 release by the court under this Section, the court shall 16 so notify the municipal police department and county 17 sheriff for the municipality and county in which the 18 person will be residing. The notification requirement 19 under this Section does not apply if a municipal police 20 department or county sheriff submits to the court a 21 written statement waiving the right to be notified. If 22 the Department alleges that a released person has 23 violated any condition or rule, or that the safety of 24 others requires that conditional release be revoked, he 25 or she may be taken into custody under the rules of the 26 Department. 27 At any time during which the person is on 28 conditional release, if the Department determines that 29 the person has violated any condition or rule, or that 30 the safety of others requires that conditional release be 31 revoked, the Department may request the Attorney General 32 or State's Attorney to request the court to issue an 33 emergency ex parte order directing any law enforcement 34 officer to take the person into custody and transport the HB2088 Enrolled -22- LRB9206809RCcd 1 person to the county jail. The Department may request, 2 or the Attorney General or State's Attorney may request 3 independently of the Department, that a petition to 4 revoke conditional release be filed. When a petition is 5 filed, the court may order the Department to issue a 6 notice to the person to be present at the Department or 7 other agency designated by the court, order a summons to 8 the person to be present, or order a body attachment for 9 all law enforcement officers to take the person into 10 custody and transport him or her to the county jail, 11 hospital, or treatment facility. The Department shall 12 submit a statement showing probable cause of the 13 detention and a petition to revoke the order for 14 conditional release to the committing court within 48 15 hours after the detention. The court shall hear the 16 petition within 30 days, unless the hearing or time 17 deadline is waived by the detained person. Pending the 18 revocation hearing, the Department may detain the person 19 in a jail, in a hospital or treatment facility. The 20 State has the burden of proving by clear and convincing 21 evidence that any rule or condition of release has been 22 violated, or that the safety of others requires that the 23 conditional release be revoked. If the court determines 24 after hearing that any rule or condition of release has 25 been violated, or that the safety of others requires that 26 conditional release be revoked, it may revoke the order 27 for conditional release and order that the released 28 person be placed in an appropriate institution until the 29 person is discharged from the commitment under Section 65 30 of this Act or until again placed on conditional release 31 under Section 60 of this Act. 32 (5) An order for conditional release places the 33 person in the custody, care, and control of the 34 Department. The court shall order the person be subject HB2088 Enrolled -23- LRB9206809RCcd 1 to the following rules of conditional release, in 2 addition to any other conditions ordered, and the person 3 shall be given a certificate setting forth the conditions 4 of conditional release. These conditions shall be that 5 the person: 6 (A) not violate any criminal statute of any 7 jurisdiction; 8 (B) report to or appear in person before such 9 person or agency as directed by the court and the 10 Department; 11 (C) refrain from possession of a firearm or 12 other dangerous weapon; 13 (D) not leave the State without the consent of 14 the court or, in circumstances in which the reason 15 for the absence is of such an emergency nature, that 16 prior consent by the court is not possible without 17 the prior notification and approval of the 18 Department; 19 (E) at the direction of the Department, notify 20 third parties of the risks that may be occasioned by 21 his or her criminal record or sexual offending 22 history or characteristics, and permit the 23 supervising officer or agent to make the 24 notification requirement; 25 (F) attend and fully participate in 26 assessment, treatment, and behavior monitoring 27 including, but not limited to, medical, 28 psychological or psychiatric treatment specific to 29 sexual offending, drug addiction, or alcoholism, to 30 the extent appropriate to the person based upon the 31 recommendation and findings made in the Department 32 evaluation or based upon any subsequent 33 recommendations by the Department; 34 (G) waive confidentiality allowing the court HB2088 Enrolled -24- LRB9206809RCcd 1 and Department access to assessment or treatment 2 results or both; 3 (H) work regularly at a Department approved 4 occupation or pursue a course of study or vocational 5 training and notify the Department within 72 hours 6 of any change in employment, study, or training; 7 (I) not be employed or participate in any 8 volunteer activity that involves contact with 9 children, except under circumstances approved in 10 advance and in writing by the Department officer; 11 (J) submit to the search of his or her person, 12 residence, vehicle, or any personal or real property 13 under his or her control at any time by the 14 Department; 15 (K) financially support his or her dependents 16 and provide the Department access to any requested 17 financial information; 18 (L) serve a term of home confinement, the 19 conditions of which shall be that the person: 20 (i) remain within the interior premises 21 of the place designated for his or her 22 confinement during the hours designated by the 23 Department; 24 (ii) admit any person or agent designated 25 by the Department into the offender's place of 26 confinement at any time for purposes of 27 verifying the person's compliance with the 28 condition of his or her confinement; 29 (iii) if deemed necessary by the 30 Department, be placed on an electronic 31 monitoring device; 32 (M) comply with the terms and conditions of an 33 order of protection issued by the court pursuant to 34 the Illinois Domestic Violence Act of 1986. A copy HB2088 Enrolled -25- LRB9206809RCcd 1 of the order of protection shall be transmitted to 2 the Department by the clerk of the court; 3 (N) refrain from entering into a designated 4 geographic area except upon terms the Department 5 finds appropriate. The terms may include 6 consideration of the purpose of the entry, the time 7 of day, others accompanying the person, and advance 8 approval by the Department; 9 (O) refrain from having any contact, including 10 written or oral communications, directly or 11 indirectly, with certain specified persons 12 including, but not limited to, the victim or the 13 victim's family, and report any incidental contact 14 with the victim or the victim's family to the 15 Department within 72 hours; refrain from entering 16 onto the premises of, traveling past, or loitering 17 near the victim's residence, place of employment, or 18 other places frequented by the victim; 19 (P) refrain from having any contact, including 20 written or oral communications, directly or 21 indirectly, with particular types of persons, 22 including but not limited to members of street 23 gangs, drug users, drug dealers, or prostitutes; 24 (Q) refrain from all contact, direct or 25 indirect, personally, by telephone, letter, or 26 through another person, with minor children without 27 prior identification and approval of the Department; 28 (R) refrain from having in his or her body the 29 presence of alcohol or any illicit drug prohibited 30 by the Cannabis Control Act or the Illinois 31 Controlled Substances Act, unless prescribed by a 32 physician, and submit samples of his or her breath, 33 saliva, blood, or urine for tests to determine the 34 presence of alcohol or any illicit drug; HB2088 Enrolled -26- LRB9206809RCcd 1 (S) not establish a dating, intimate, or 2 sexual relationship with a person without prior 3 written notification to the Department; 4 (T) neither possess or have under his or her 5 control any material that is pornographic, sexually 6 oriented, or sexually stimulating, or that depicts 7 or alludes to sexual activity or depicts minors 8 under the age of 18, including but not limited to 9 visual, auditory, telephonic, electronic media, or 10 any matter obtained through access to any computer 11 or material linked to computer access use; 12 (U) not patronize any business providing 13 sexually stimulating or sexually oriented 14 entertainment nor utilize "900" or adult telephone 15 numbers or any other sex-related telephone numbers; 16 (V) not reside near, visit, or be in or about 17 parks, schools, day care centers, swimming pools, 18 beaches, theaters, or any other places where minor 19 children congregate without advance approval of the 20 Department and report any incidental contact with 21 minor children to the Department within 72 hours; 22 (W) not establish any living arrangement or 23 residence without prior approval of the Department; 24 (X) not publish any materials or print any 25 advertisements without providing a copy of the 26 proposed publications to the Department officer and 27 obtaining permission prior to publication; 28 (Y) not leave the county except with prior 29 permission of the Department and provide the 30 Department officer or agent with written travel 31 routes to and from work and any other designated 32 destinations; 33 (Z) not possess or have under his or her 34 control certain specified items of contraband HB2088 Enrolled -27- LRB9206809RCcd 1 related to the incidence of sexually offending items 2 including video or still camera items or children's 3 toys; 4 (AA) provide a written daily log of activities 5 as directed by the Department; 6 (BB) comply with all other special conditions 7 that the Department may impose that restrict the 8 person from high-risk situations and limit access or 9 potential victims. 10 (6) A person placed on conditional release and who 11 during the term undergoes mandatory drug or alcohol 12 testing or is assigned to be placed on an approved 13 electronic monitoring device may be ordered to pay all 14 costs incidental to the mandatory drug or alcohol testing 15 and all costs incidental to the approved electronic 16 monitoring in accordance with the person's ability to pay 17 those costs. The Department may establish reasonable 18 fees for the cost of maintenance, testing, and incidental 19 expenses related to the mandatory drug or alcohol testing 20 and all costs incidental to approved electronic 21 monitoring. 22 (Source: P.A. 90-40, eff. 1-1-98; 91-875, eff. 6-30-00.) 23 (725 ILCS 207/60) 24 Sec. 60. Petition for conditional release. 25 (a) Any person who is committed for institutional care 26 in a secure facility or other facility under Section 40 of 27 this Act may petition the committing court to modify its 28 order by authorizing conditional release if at least 6 months 29 have elapsed since the initial commitment order was entered, 30 the most recent release petition was denied or the most 31 recent order for conditional release was revoked. The 32 director of the facility at which the person is placed may 33 file a petition under this Section on the person's behalf at HB2088 Enrolled -28- LRB9206809RCcd 1 any time. 2 (b) If the person files a timely petition without 3 counsel, the court shall serve a copy of the petition on the 4 Attorney General or State's Attorney, whichever is applicable 5 and, subject to paragraph (c)(1) of Section 25 of this Act, 6 appoint counsel. If the person petitions through counsel, 7 his or her attorney shall serve the Attorney General or 8 State's Attorney, whichever is applicable. 9 (c) Within 20 days after receipt of the petition, the 10 court shall appoint one or more examiners having the 11 specialized knowledge determined by the court to be 12 appropriate, who shall examine the mental condition of the 13 person and furnish a written report of the examination to the 14 court within 30 days after appointment. The examiners shall 15 have reasonable access to the person for purposes of 16 examination and to the person's past and present treatment 17 records and patient health care records. If any such 18 examiner believes that the person is appropriate for 19 conditional release, the examiner shall report on the type of 20 treatment and services that the person may need while in the 21 community on conditional release. The State has the right to 22 have the person evaluated by experts chosen by the State. 23 The court shall set a probable cause hearing as soon as 24 practical after the examiner's report is filed. If the court 25 determines at the probable cause hearing that cause exists to 26 believe that it is not substantially probable that the person 27 will engage in acts of sexual violence if on release or 28 conditional release, the court shall set a hearing on the 29 issue. 30 (d) The court, without a jury, shall hear the petition 31 within 30 days after the report of the court-appointed 32 examiner is filed with the court, unless the petitioner 33 waives this time limit. The court shall grant the petition 34 unless the State proves by clear and convincing evidence that HB2088 Enrolled -29- LRB9206809RCcd 1 the person has not made sufficient progress to be 2 conditionally releasedthat the person is still a sexually3violent person and that it is still substantially probable4that the person will engage in acts of sexual violence if the5person is not confined in a secure facility. In making a 6 decision under this subsection, the court mustmayconsider 7 the nature and circumstances of the behavior that was the 8 basis of the allegation in the petition under paragraph 9 (b)(1) of Section 15 of this Act, the person's mental history 10 and present mental condition, where the person will live, how 11 the person will support himself or herself and what 12 arrangements are available to ensure that the person has 13 access to and will participate in necessary treatment. 14 (e) Before the court may enter an order directing 15 conditional release to a less restrictive alternative it must 16 find the following: (1) the person will be treated by a 17 Department approved treatment provider, (2) the treatment 18 provider has presented a specific course of treatment and has 19 agreed to assume responsibility for the treatment and will 20 report progress to the Department on a regular basis, and 21 will report violations immediately to the Department, 22 consistent with treatment and supervision needs of the 23 respondent, (3) housing exists that is sufficiently secure to 24 protect the community, and the person or agency providing 25 housing to the conditionally released person has agreed in 26 writing to accept the person, to provide the level of 27 security required by the court, and immediately to report to 28 the Department if the person leaves the housing to which he 29 or she has been assigned without authorization, (4) the 30 person is willing to or has agreed to comply with the 31 treatment provider, the Department, and the court, and (5) 32 the person has agreed or is willing to agree to comply with 33 the behavioral monitoring requirements imposed by the court 34 and the Department. HB2088 Enrolled -30- LRB9206809RCcd 1 (f) If the court finds that the person is appropriate 2 for conditional release, the court shall notify the 3 Department. The Department shall prepare a plan that 4 identifies the treatment and services, if any, that the 5 person will receive in the community. The plan shall address 6 the person's need, if any, for supervision, counseling, 7 medication, community support services, residential services, 8 vocational services, and alcohol or other drug abuse 9 treatment. The Department may contract with a county health 10 department, with another public agency or with a private 11 agency to provide the treatment and services identified in 12 the plan. The plan shall specify who will be responsible for 13 providing the treatment and services identified in the plan. 14 The plan shall be presented to the court for its approval 15 within 60 days after the court finding that the person is 16 appropriate for conditional release, unless the Department 17 and the person to be released request additional time to 18 develop the plan. 19 (g) The provisions of paragraph (b)(4) of Section 40 of 20 this Act apply to an order for conditional release issued 21 under this Section. 22 (Source: P.A. 90-40, eff. 1-1-98; 91-875, eff. 6-30-00.) 23 (725 ILCS 207/65) 24 Sec. 65. Petition for discharge; procedure. 25 (a)(1) If the Secretary determines at any time that a 26 person committed under this Act is no longer a sexually 27 violent person, the Secretary shall authorize the person to 28 petition the committing court for discharge. The person 29 shall file the petition with the court and serve a copy upon 30 the Attorney General or the State's Attorney's office that 31 filed the petition under subsection (a) of Section 15 of this 32 Act, whichever is applicable. The court, upon receipt of the 33 petition for discharge, shall order a hearing to be held HB2088 Enrolled -31- LRB9206809RCcd 1 within 45 days after the date of receipt of the petition. 2 (2) At a hearing under this subsection, the Attorney 3 General or State's Attorney, whichever filed the original 4 petition, shall represent the State and shall have the right 5 to have the petitioner examined by an expert or professional 6 person of his or her choice. The committed person or the 7 State may elect to have the hearing before a jury. The State 8 has the burden of proving by clear and convincing evidence 9 that the petitioner is still a sexually violent person. 10 (3) If the court or jury is satisfied that the State has 11 not met its burden of proof under paragraph (a)(2) of this 12 Section, the petitioner shall be discharged from the custody 13 or supervision of the Department. If the court is satisfied 14 that the State has met its burden of proof under paragraph 15 (a)(2), the court may proceed under Section 40 of this Act to 16 determine whether to modify the petitioner's existing 17 commitment order. 18 (b)(1) A person may petition the committing court for 19 discharge from custody or supervision without the Secretary's 20 approval. At the time of an examination under subsection (a) 21 of Section 55 of this Act, the Secretary shall provide the 22 committed person with a written notice of the person's right 23 to petition the court for discharge over the Secretary's 24 objection. The notice shall contain a waiver of rights. The 25 Secretary shall forward the notice and waiver form to the 26 court with the report of the Department's examination under 27 Section 55 of this Act. If the person does not affirmatively 28 waive the right to petition, the court shall set a probable 29 cause hearing to determine whether facts exist that warrant a 30 hearing on whether the person is still a sexually violent 31 person. If a person does not file a petition for discharge, 32 yet fails to waive the right to petition under this Section, 33 then the probable cause hearing consists only of a review of 34 the reexamination reports and arguments on behalf of the HB2088 Enrolled -32- LRB9206809RCcd 1 parties. The committed person has a right to have an attorney 2 represent him or her at the probable cause hearing, but the 3 person is not entitled to be present at the probable cause 4 hearing. The probable cause hearing under this Section must 5 be held within 45 days of the filing of the reexamination 6 report under Section 55 of this Act. 7 (2) If the court determines at the probable cause 8 hearing under paragraph (b)(1) of this Section that probable 9 cause exists to believe that the committed person is no 10 longer a sexually violent person, then the court shall set a 11 hearing on the issue. At a hearing under this Section, the 12 committed person is entitled to be present and to the benefit 13 of the protections afforded to the person under Section 25 of 14 this Act. The committed person or the State may elect to have 15 a hearing under this Section before a jury. A verdict of a 16 jury under this Section is not valid unless it is unanimous. 17 The Attorney General or State's Attorney, whichever filed the 18 original petition, shall represent the State at a hearing 19 under this Section. The State has the right to have the 20 committed person evaluated by experts chosen by the State. 21 At the hearing, the State has the burden of proving by clear 22 and convincing evidence that the committed person is still a 23 sexually violent person. 24 (3) If the court or jury is satisfied that the State has 25 not met its burden of proof under paragraph (b)(2) of this 26 Section, the person shall be discharged from the custody or 27 supervision of the Department. If the court or jury is 28 satisfied that the State has met its burden of proof under 29 paragraph (b)(2) of this Section, the court may proceed under 30 Section 40 of this Act to determine whether to modify the 31 person's existing commitment order. 32 (Source: P.A. 90-40, eff. 1-1-98; 91-227, eff. 1-1-00.) 33 Section 20. The Unified Code of Corrections is amended HB2088 Enrolled -33- LRB9206809RCcd 1 by changing Section 5-3-4 as follows: 2 (730 ILCS 5/5-3-4) (from Ch. 38, par. 1005-3-4) 3 Sec. 5-3-4. Disclosure of Reports. 4 (a) Any report made pursuant to this Article or Section 5 5-705 of the Juvenile Court Act of 1987 shall be filed of 6 record with the court in a sealed envelope. 7 (b) Presentence reports shall be open for inspection 8 only as follows: 9 (1) to the sentencing court; 10 (2) to the state's attorney and the defendant's 11 attorney at least 3 days prior to the imposition of 12 sentence, unless such 3 day requirement is waived; 13 (3) to an appellate court in which the conviction 14 or sentence is subject to review; 15 (4) to any department, agency or institution to 16 which the defendant is committed; 17 (5) to any probation department of whom courtesy 18 probation is requested; 19 (6) to any probation department assigned by a court 20 of lawful jurisdiction to conduct a presentence report; 21 (7) to any other person only as ordered by the 22 court; and.23 (8) to any mental health professional on behalf of 24 the Illinois Department of Corrections or the Department 25 of Human Services or to a prosecutor who is evaluating or 26 investigating a potential or actual petition brought 27 under the Sexually Violent Persons Commitment Act 28 relating to a person who is the subject of a presentence 29 report or the respondent to a petition brought under the 30 Sexually Violent Persons Commitment Act who is the 31 subject of the presentence report sought. Any records and 32 any information obtained from those records under this 33 paragraph (8) may be used only in sexually violent HB2088 Enrolled -34- LRB9206809RCcd 1 persons commitment proceedings. 2 (c) Presentence reports shall be filed of record with 3 the court within 30 days of a verdict or finding of guilty 4 for any offense involving an illegal sexual act perpetrated 5 upon a victim, including but not limited to offenses for 6 violations of Article 12 of the Criminal Code of 1961. 7 (d) A complaint, information or indictment shall not be 8 quashed or dismissed nor shall any person in custody for an 9 offense be discharged from custody because of noncompliance 10 with subsection (c) of this Section. 11 (Source: P.A. 90-590, eff. 1-1-99.) 12 Section 25. The Mental Health and Developmental 13 Disabilities Confidentiality Act is amended by changing 14 Section 9.3 as follows: 15 (740 ILCS 110/9.3) 16 Sec. 9.3. Disclosure without consent under the Sexually 17 Violent Persons Commitment Act. Disclosure may be made 18 without consent by any therapist or other treatment provider 19 providing mental health or developmental disabilities 20 services pursuant to the provisions of the Sexually Violent 21 Persons Commitment Act or who previously provided any type of 22 mental health or developmental disabilities services to a 23 person who is subject to an evaluation, investigation, or 24 prosecution of a petition under the Sexually Violent Persons 25 Commitment Act. Disclosure may be made to the Attorney 26 General, the State's Attorney participating in the case, the 27 Department of Human Services, the court, and any other party 28 to whom the court directs disclosure to be made. The 29 information disclosed may include any records or 30 communications in the possession of the Department of 31 Corrections, if those records or communications were relied 32 upon by the therapist in providing mental health or HB2088 Enrolled -35- LRB9206809RCcd 1 developmental disabilities services pursuant to the Sexually 2 Violent Persons Commitment Act. Any records and any 3 information obtained from those records under this Section 4 may be used only in sexually violent persons commitment 5 proceedings. 6 (Source: P.A. 90-793, eff. 8-14-98.) 7 Section 99. Effective date. This Act takes effect upon 8 becoming law.