Bill Text: IL HB4556 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Sexually Dangerous Persons Act. Provides that litigation costs, including expert fees and the cost of representation by counsel for an indigent respondent for any purpose under the Act, including a trial or a hearing, shall be paid by the county in which the proceeding is brought. Provides that the Director of Corrections, as guardian, shall only be responsible for costs of providing care and treatment of sexually dangerous persons while he or she is committed in a facility of the Department of Corrections. Provides that if a sexually dangerous person is released subject to conditions ordered by a court, the Director shall not be responsible for any costs of the sexually dangerous person, including, but not limited to, care, treatment, medical expenses, living expenses, and supplemental income and rent. Provides that the Director shall still provide supervision over the sexually dangerous person through parole agents if ordered.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2018-04-13 - Rule 19(a) / Re-referred to Rules Committee [HB4556 Detail]

Download: Illinois-2017-HB4556-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4556

Introduced , by Rep. Sara Wojcicki Jimenez

SYNOPSIS AS INTRODUCED:
725 ILCS 205/5 from Ch. 38, par. 105-5
725 ILCS 205/8 from Ch. 38, par. 105-8

Amends the Sexually Dangerous Persons Act. Provides that litigation costs, including expert fees and the cost of representation by counsel for an indigent respondent for any purpose under the Act, including a trial or a hearing, shall be paid by the county in which the proceeding is brought. Provides that the Director of Corrections, as guardian, shall only be responsible for costs of providing care and treatment of sexually dangerous persons while he or she is committed in a facility of the Department of Corrections. Provides that if a sexually dangerous person is released subject to conditions ordered by a court, the Director shall not be responsible for any costs of the sexually dangerous person, including, but not limited to, care, treatment, medical expenses, living expenses, and supplemental income and rent. Provides that the Director shall still provide supervision over the sexually dangerous person through parole agents if ordered.
LRB100 16733 SLF 31873 b
FISCAL NOTE ACT MAY APPLY

A BILL FOR

HB4556LRB100 16733 SLF 31873 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Sexually Dangerous Persons Act is amended by
5changing Sections 5 and 8 as follows:
6 (725 ILCS 205/5) (from Ch. 38, par. 105-5)
7 Sec. 5. The respondent in any proceedings under this Act
8shall have the right to demand a trial by jury and to be
9represented by counsel. Litigation costs, including expert
10fees and the The cost of representation by counsel for an
11indigent respondent for any purpose under this Act, including a
12trial or a hearing under Section 5, 9, or 10 of this Act, shall
13be paid by the county in which the proceeding is brought. At
14the hearing on the petition it shall be competent to introduce
15evidence of the commission by the respondent of any number of
16crimes together with whatever punishments, if any, were
17inflicted.
18(Source: P.A. 98-88, eff. 7-15-13.)
19 (725 ILCS 205/8) (from Ch. 38, par. 105-8)
20 Sec. 8. If the respondent is found to be a sexually
21dangerous person then the court shall appoint the Director of
22Corrections guardian of the person found to be sexually

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1dangerous and such person shall stand committed to the custody
2of such guardian. The Director of Corrections as guardian shall
3keep safely the person so committed until the person has
4recovered and is released as hereinafter provided. The Director
5of Corrections as guardian shall provide care and treatment for
6the person committed to him designed to effect recovery. Any
7treatment provided under this Section shall be in conformance
8with the standards promulgated by the Sex Offender Management
9Board Act and conducted by a treatment provider licensed under
10the Sex Offender Evaluation and Treatment Provider Act. The
11Director may place that ward in any facility in the Department
12of Corrections or portion thereof set aside for the care and
13treatment of sexually dangerous persons. The Department of
14Corrections may also request another state Department or Agency
15to examine such person and upon such request, such Department
16or Agency shall make such examination and the Department of
17Corrections may, with the consent of the chief executive
18officer of such other Department or Agency, thereupon place
19such person in the care and treatment of such other Department
20or Agency. The Director of Corrections, as guardian, shall only
21be responsible for costs of providing care and treatment of
22sexually dangerous persons while he or she is committed in a
23facility of the Department of Corrections. If a sexually
24dangerous person is released subject to conditions ordered by a
25court under subsection (e) of Section 9 of this Act, the
26Director shall not be responsible for any costs of the sexually

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1dangerous person, including, but not limited to, care,
2treatment, medical expenses, living expenses, and supplemental
3income and rent. The Director shall still provide supervision
4over the sexually dangerous person through parole agents if
5ordered.
6(Source: P.A. 97-1098, eff. 7-1-14 (see Section 5 of P.A.
798-612 for the effective date of P.A. 97-1098).)
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