Illinois General Assembly - Full Text of Public Act 094-0404
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Public Act 094-0404




Public Act 094-0404
HB0245 Enrolled LRB094 03683 RLC 33924 b

    AN ACT concerning sexually dangerous persons.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Sexually Dangerous Persons Act is amended by
changing Section 9 as follows:
    (725 ILCS 205/9)  (from Ch. 38, par. 105-9)
    Sec. 9. Recovery; examination and hearing.
    (a) An application in writing setting forth facts showing
that such sexually dangerous person or criminal sexual
psychopathic person has recovered may be filed before the
committing court. Upon receipt thereof, the clerk of the court
shall cause a copy of the application to be sent to the
Director of the Department of Corrections. The Director shall
then cause to be prepared and sent to the court a
socio-psychiatric report concerning the applicant. The report
shall be prepared by a social worker and psychologist under the
supervision of a licensed psychiatrist assigned to, the
institution wherein such applicant is confined. The court shall
set a date for the hearing upon such application and shall
consider the report so prepared under the direction of the
Director of the Department of Corrections and any other
relevant information submitted by or on behalf of such
    (b) At a hearing under this Section, the Attorney General
or State's Attorney who filed the original application shall
represent the State. The sexually dangerous person or the State
may elect to have the hearing before a jury. The State has the
burden of proving by clear and convincing evidence that the
applicant is still a sexually dangerous person.
    (c) If the applicant refuses to speak to, communicate with,
or otherwise fails to cooperate with the State's examiner, the
applicant may only introduce evidence and testimony from any
expert or professional person who is retained to conduct an
examination based upon review of the records and may not
introduce evidence resulting from an examination of the person.
Notwithstanding the provisions of Section 10 of the Mental
Health and Developmental Disabilities Confidentiality Act, all
evaluations conducted under this Act and all Illinois
Department of Corrections treatment records shall be
admissible at all proceedings held under this Act.
    (d) If a person has previously filed an application in
writing setting forth facts showing that the sexually dangerous
person or criminal sexual psychopathic person has recovered and
the court determined either at a hearing or following a jury
trial that the applicant is still a sexually dangerous person,
or if the application is withdrawn, no additional application
may be filed for one year after a finding that the person is
still sexually dangerous or after the application is withdrawn,
except if the application is accompanied by a statement from
the treatment provider that the applicant has made exceptional
progress and the application contains facts upon which a court
could find that the condition of the person had so changed that
a hearing is warranted.
    (e) If the person is found to be no longer dangerous, the
court shall order that he be discharged. If the court finds
that the person appears no longer to be dangerous but that it
is impossible to determine with certainty under conditions of
institutional care that such person has fully recovered, the
court shall enter an order permitting such person to go at
large subject to such conditions and such supervision by the
Director as in the opinion of the court will adequately protect
the public. In the event the person violates any of the
conditions of such order, the court shall revoke such
conditional release and recommit the person pursuant to Section
5-6-4 of the Unified Code of Corrections under the terms of the
original commitment. Upon an order of discharge every
outstanding information and indictment, the basis of which was
the reason for the present detention, shall be quashed.
(Source: P.A. 92-786, eff. 8-6-02; revised 10-9-03.)

Effective Date: 1/1/2006