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92_HB5873 LRB9215263RCsb 1 AN ACT in relation to sexually dangerous persons. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Sexually Dangerous Persons Act is amended 5 by changing Section 9 as follows: 6 (725 ILCS 205/9) (from Ch. 38, par. 105-9) 7 Sec. 9. Application showing recovery. 8 (a) Any person who is committed as a sexually dangerous 9 person under this Act, may file an application in writing 10 before the committing court setting forth facts showing that 11 such sexually dangerous person or criminal sexual 12 psychopathic person has recovered if at least 6 months have 13 elapsed since the initial commitment order was entered, the 14 most recent application showing recovery was denied, or the 15 most recent order for conditional release was revoked. The 16 Director of Corrections may file a petition under this 17 Section on a person's behalf at any time. A copy of the 18 application showing recovery shall be served on the State's 19 Attorney of the committing county. 20 (b) Within 30 days of receipt of the application showing 21 recovery, the court shall examine the application showing 22 recovery and determine if the application showing recovery 23 has been filed in accordance with the requirements of 24 subsection (a) of this Section. If the court determines that 25 this application showing recovery has not been filed in 26 accordance with the provisions of subsection (a), the court 27 may enter its order denying the applicant's application 28 showing recovery without further hearing. 29 (c) If the court determines that the application showing 30 recovery meets the requirements of subsection (a), then the -2- LRB9215263RCsb 1 court shall direct the clerk of the court to cause a copy of 2 the application to be sent to the Director of Corrections. 3 The Director shall then cause to be prepared and sent to the 4 court a socio-psychiatric report concerning the applicant. 5 The report shall be prepared by the psychiatrist, 6 sociologist, psychologist, and warden of, or assigned to, the 7 institution where the applicant is confined. 8 (d) The court shall set a probable cause hearing as soon 9 as practical after the socio-psychiatric report concerning 10 the applicant is filed. If the court determines at the 11 probable cause hearing that cause exists to believe that it 12 is not substantially probable that the person will engage in 13 acts of sexual assault or acts of sexual molestation of 14 children if discharged or conditionally released, the court 15 shall set a hearing on the issue. If the court determines at 16 the probable cause hearing that cause exists to believe that 17 it is substantially probable that the person will engage in 18 acts of sexual assault or acts of sexual molestation of 19 children, the court shall deny the application for recovery. 20 (e) The court, with or without a jury, at the 21 applicant's election, shall set for hearing those 22 applications for recovery that have been timely filed in 23 accordance with the provisions of subsection (a) and in which 24 the court has determined at the probable cause hearing that 25 cause exists to believe that it is not substantially probable 26 that the person will engage in acts of sexual assault or acts 27 of sexual molestation of children, in accordance with the 28 speedy trial provisions under Section 103-5 of the Code of 29 Criminal Procedure of 1963. However, the speedy trial 30 provisions do not commence until the court at the probable 31 cause hearing has determined that cause exists to believe 32 that it is not substantially probable that the person will 33 engage in acts of sexual assault or acts of sexual 34 molestation of children. -3- LRB9215263RCsb 1 (f) A jury, or the court without a jury if the applicant 2 has waived a jury, shall grant the application showing 3 recovery unless the State proves by clear and convincing 4 evidence that the person is still a sexually dangerous 5 person. In making a decision under this subsection (f), the 6 court or jury may consider the nature and circumstances of 7 the behavior that was the basis for the original commitment 8 as a sexually dangerous person, the person's mental history 9 and present mental condition, where the person will live, how 10 the person will support himself or herself, what arrangements 11 are available to insure that the person has access to and 12 will participate in necessary treatment, and any other 13 relevant evidence.An application in writing setting forth14facts showing that such sexually dangerous person or criminal15sexual psychopathic person has recovered may be filed before16the committing court. Upon receipt thereof, the clerk of the17court shall cause a copy of the application to be sent to the18Director of the Department of Corrections. The Director shall19then cause to be prepared and sent to the court a20socio-psychiatric report concerning the applicant. The report21shall be prepared by the psychiatrist, sociologist,22psychologist and warden of, or assigned to, the institution23wherein such applicant is confined. The court shall set a24date for the hearing upon such application and shall consider25the report so prepared under the direction of the Director of26the Department of Corrections and any other relevant27information submitted by or on behalf of such applicant. If28the patient is found to be no longer dangerous, the court29shall order that he be discharged. If the court finds that30the patient appears no longer to be dangerous but that it is31impossible to determine with certainty under conditions of32institutional care that such person has fully recovered, the33court shall enter an order permitting such person to go at34large subject to such conditions and such supervision by the-4- LRB9215263RCsb 1Director as in the opinion of the court will adequately2protect the public. In the event the person violates any of3the conditions of such order, the court shall revoke such4conditional release and recommit the person pursuant to5Section 5-6-4 of the Unified Code of Corrections under the6terms of the original commitment. Upon an order of discharge7every outstanding information and indictment, the basis of8which was the reason for the present detention, shall be9quashed.10 (Source: P.A. 77-2477.)