Bill Text: IL HB5330 | 2011-2012 | 97th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Sexually Violent Persons Commitment Act. Establishes procedures for serving a petition upon a person who is alleged to be sexually violent. Provides that if a person has been committed as a sexually violent person and has not been discharged, the Department of Human Services shall submit a written report to the court on his or her mental condition at least once every 12 months after his or her initial commitment for the purpose of determining (1) whether the person has made sufficient progress in treatment to be conditionally released, and (2) whether the person's condition has so changed since the most recent periodic reexamination (or initial commitment, if there has not yet been a periodic reexamination) that he or she is no longer a sexually violent person. Provides that at a discharge hearing the State has the right to have the person evaluated by experts chosen by the State. Incorporates into the discharge Section provisions relating to additional discharge hearings. Amends the Unified Code of Corrections. Provides that in making its determination of parole, the Prisoner Review Board shall consider the person's eligibility for commitment under the Sexually Violent Persons Commitment Act. Provides that if the Board paroles a person who is eligible for commitment as a sexually violent person, the effective date of the Board's order shall be stayed for 90 days for the purpose of evaluation and proceedings under the Sexually Violent Persons Commitment Act.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2012-08-24 - Public Act . . . . . . . . . 97-1075 [HB5330 Detail]
Download: Illinois-2011-HB5330-Amended.html
Bill Title: Amends the Sexually Violent Persons Commitment Act. Establishes procedures for serving a petition upon a person who is alleged to be sexually violent. Provides that if a person has been committed as a sexually violent person and has not been discharged, the Department of Human Services shall submit a written report to the court on his or her mental condition at least once every 12 months after his or her initial commitment for the purpose of determining (1) whether the person has made sufficient progress in treatment to be conditionally released, and (2) whether the person's condition has so changed since the most recent periodic reexamination (or initial commitment, if there has not yet been a periodic reexamination) that he or she is no longer a sexually violent person. Provides that at a discharge hearing the State has the right to have the person evaluated by experts chosen by the State. Incorporates into the discharge Section provisions relating to additional discharge hearings. Amends the Unified Code of Corrections. Provides that in making its determination of parole, the Prisoner Review Board shall consider the person's eligibility for commitment under the Sexually Violent Persons Commitment Act. Provides that if the Board paroles a person who is eligible for commitment as a sexually violent person, the effective date of the Board's order shall be stayed for 90 days for the purpose of evaluation and proceedings under the Sexually Violent Persons Commitment Act.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2012-08-24 - Public Act . . . . . . . . . 97-1075 [HB5330 Detail]
Download: Illinois-2011-HB5330-Amended.html
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| 1 | AMENDMENT TO HOUSE BILL 5330
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| 2 | AMENDMENT NO. ______. Amend House Bill 5330 on page 1, by | ||||||
| 3 | replacing lines 7 through 14 with the following:
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| 4 | "(725 ILCS 207/21 new) | ||||||
| 5 | Sec. 21. Service of petitions. If a person alleged to be a | ||||||
| 6 | sexually violent person is in the custody of or is being | ||||||
| 7 | supervised on parole or mandatory supervised release by the | ||||||
| 8 | Department of Corrections or Department of Juvenile Justice, a | ||||||
| 9 | petition filed under this Act may be served on the person by | ||||||
| 10 | personnel of the Department of Corrections or Department of | ||||||
| 11 | Juvenile Justice. Service may be proved by affidavit of the | ||||||
| 12 | person making service. The affidavit shall be returned to the | ||||||
| 13 | Attorney General or State's Attorney of the county where the | ||||||
| 14 | petition is pending for filing with the court.
Service provided | ||||||
| 15 | for in this Section is in addition to other manners of service | ||||||
| 16 | provided for in Section 20 of this Act and the Code of Civil | ||||||
| 17 | Procedure.".
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