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| Public Act 098-0088 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Sexually Dangerous Persons Act is amended by | ||||
changing Sections 4, 4.01, 4.02, 5, and 9 and by adding | ||||
Sections 4.04 and 4.05 as follows:
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(725 ILCS 205/4) (from Ch. 38, par. 105-4)
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Sec. 4.
After the filing of the petition, the court shall | ||||
appoint two
qualified evaluators psychiatrists to make a | ||||
personal examination of the such alleged
sexually dangerous | ||||
person, to ascertain whether the such person is sexually
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dangerous, and the evaluators psychiatrists shall file with the | ||||
court a report in
writing of the result of their examination, a | ||||
copy of which shall be
delivered to the respondent.
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(Source: Laws 1955, p. 1144.)
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(725 ILCS 205/4.01) (from Ch. 38, par. 105-4.01)
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Sec. 4.01.
"Qualified evaluator psychiatrist" means a | ||||
reputable physician or psychologist licensed in
Illinois or any | ||||
other state to practice medicine or psychology, or any other | ||||
licensed professional who specializes in the evaluation of sex | ||||
offenders in all its branches, who has specialized in
the | ||||
diagnosis and treatment of mental and nervous disorders for a | ||||
period of
not less than 5 years.
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(Source: Laws 1959, p. 1685.)
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(725 ILCS 205/4.02) (from Ch. 38, par. 105-4.02)
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Sec. 4.02.
In counties of less than 500,000 inhabitants the | ||
cost of the
psychiatric examination required by Section 4 is a | ||
charge against and shall
be paid out of the general fund of the | ||
county in which the proceeding is
brought.
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(Source: Laws 1959, p. 1685.)
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(725 ILCS 205/4.04 new) | ||
Sec. 4.04. Examination. "Examination" means an examination | ||
conducted in conformance with the standards developed under the | ||
Sex Offender Management Board Act and by an evaluator licensed | ||
under the Sex Offender Evaluation and Treatment Provider Act. | ||
(725 ILCS 205/4.05 new) | ||
Sec. 4.05. Criminal propensities to the commission of sex | ||
offenses. For the purposes of this Act, "criminal propensities | ||
to the commission of sex offenses" means that it is | ||
substantially probable that the person subject to the | ||
commitment proceeding will engage in the commission of sex | ||
offenses in the future if not confined.
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(725 ILCS 205/5) (from Ch. 38, par. 105-5)
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Sec. 5.
The respondent in any proceedings under this Act | ||
shall have the
right to demand a trial by jury and to be | ||
represented by counsel. The cost of representation by counsel | ||
for an indigent respondent shall be paid by the county in which | ||
the proceeding is brought. At the
hearing on the petition it | ||
shall be competent to introduce evidence of the
commission by | ||
the respondent of any number of crimes together with whatever
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punishments, if any, were inflicted.
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(Source: Laws 1955, p. 1144.)
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(725 ILCS 205/9) (from Ch. 38, par. 105-9)
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Sec. 9. Recovery; examination and hearing.
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(a) An application in writing setting forth facts showing | ||
that the 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 an evaluator licensed under the Sex | ||
Offender Evaluation and Treatment Provider Act a social worker
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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
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hearing upon the 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 the such applicant. | ||
(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.
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(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 2 years 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.
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(e) If the person is found to be no longer dangerous, the | |||||||||||||||||||||||||||||||||
court shall order
that he or she 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 the such person has fully
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recovered, the court shall enter an order permitting the such | |||||||||||||||||||||||||||||||||
person to go at
large subject to the 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 the such order, the court shall
revoke | |||||||||||||||||||||||||||||||||
the such conditional release and recommit the person under | |||||||||||||||||||||||||||||||||
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.
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(Source: P.A. 94-404, eff. 1-1-06.)
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Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||
becoming law.
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