Bill Text: IL SB3467 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Sexually Violent Persons Commitment Act. Provides that a petition alleging that a person is a sexually violent person may also be filed, at the request of the agency with jurisdiction over the person, by: (1) the Attorney General, (2) the State's Attorney of the county in which the person was convicted of a sexually violent offense, adjudicated delinquent for a sexually violent offense or found not guilty of or not responsible for a sexually violent offense by reason of insanity, mental disease, or mental defect, or (3) the Attorney General and the State's Attorney jointly. Provides that the State has the right to have the person evaluated by experts chosen by the State. Provides that the agency with jurisdiction shall allow the expert reasonable access to the person for purposes of examination, to the person's records, and to past and present treatment providers and any other staff members relevant to the examination. Provides that any agency or officer, employee, or agent of an agency is immune from criminal or civil liability for acts or omissions as the result of a good faith effort to conduct an evaluation pursuant to the Act. Makes other changes. Amends the Unified Code of Corrections. Provides that good conduct credit for meritorious service shall not be awarded on a sentence of imprisonment imposed for conviction of offenses that may subject the offender to commitment under the Sexually Violent Persons Commitment Act.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2010-07-20 - Public Act . . . . . . . . . 96-1128 [SB3467 Detail]

Download: Illinois-2009-SB3467-Enrolled.html

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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Sexually Violent Persons Commitment Act is
amended by changing Sections 15, 25, 40, 60, and 65 as follows:
(725 ILCS 207/15)
Sec. 15. Sexually violent person petition; contents;
filing.
(a) A petition alleging that a person is a sexually violent
person must be filed before the release or discharge of the
person or within 30 days of placement onto parole or mandatory
supervised release for an offense enumerated in paragraph (e)
of Section 5 of this Act. A petition may be filed by the
following: may be filed by:
(1) The Attorney General on his or her own motion,
after consulting with and advising the State's Attorney of
the county in which the person was convicted of a sexually
violent offense, adjudicated delinquent for a sexually
violent offense or found not guilty of or not responsible
for a sexually violent offense by reason of insanity,
mental disease, or mental defect; or , at the request of the
agency with jurisdiction over the person, as defined in
subsection (a) of Section 10 of this Act, or on his or her

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own motion. If the Attorney General, after consulting with
and advising the State's Attorney of the county referenced
in paragraph (a)(2) of this Section, decides to file a
petition under this Section, he or she shall file the
petition before the release or discharge of the person or
within 30 days of placement onto parole or mandatory
supervised release for an offense enumerated in paragraph
(e) of Section 5 of this Act.
(2) The State's Attorney of the county referenced in
paragraph (1)(a)(1) of this Section, on his or her own
motion; or If the Attorney General does not file a petition
under this Section, the State's Attorney of the county in
which the person was convicted of a sexually violent
offense, adjudicated delinquent for a sexually violent
offense or found not guilty of or not responsible for a
sexually violent offense by reason of insanity, mental
disease, or mental defect may file a petition.
(3) The Attorney General and the State's Attorney of
the county referenced in paragraph (1)(a)(1) of this
Section may jointly file a petition on their own motion; or
(4) A petition may be filed at the request of the
agency with jurisdiction over the person, as defined in
subsection (a) of Section 10 of this Act, by:
(a) the Attorney General;
(b) the State's Attorney of the county referenced
in paragraph (1)(a)(1) of this Section; or

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(c) the Attorney General and the State's Attorney
jointly. The Attorney General and the State's Attorney
referenced in paragraph (a)(2) of this Section
jointly.
(b) A petition filed under this Section shall allege that
all of the following apply to the person alleged to be a
sexually violent person:
(1) The person satisfies any of the following criteria:
(A) The person has been convicted of a sexually
violent offense;
(B) The person has been found delinquent for a
sexually violent offense; or
(C) The person has been found not guilty of a
sexually violent offense by reason of insanity, mental
disease, or mental defect.
(2) (Blank).
(3) (Blank).
(4) The person has a mental disorder.
(5) The person is dangerous to others because the
person's mental disorder creates a substantial probability
that he or she will engage in acts of sexual violence.
(b-5) The petition must be filed no more than 90 days
before discharge or entry into mandatory supervised release
from a Department of Corrections or the Department of Juvenile
Justice correctional facility for a sentence that was imposed
upon a conviction for a sexually violent offense. For inmates

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sentenced under the law in effect prior to February 1, 1978,
the petition shall be filed no more than 90 days after the
Prisoner Review Board's order granting parole pursuant to
Section 3-3-5 of the Unified Code of Corrections.
(b-6) The petition must be filed no more than 90 days
before discharge or release:
(1) from a Department of Juvenile Justice juvenile
correctional facility if the person was placed in the
facility for being adjudicated delinquent under Section
5-20 of the Juvenile Court Act of 1987 or found guilty
under Section 5-620 of that Act on the basis of a sexually
violent offense; or
(2) from a commitment order that was entered as a
result of a sexually violent offense.
(b-7) A person convicted of a sexually violent offense
remains eligible for commitment as a sexually violent person
pursuant to this Act under the following circumstances: (1) the
person is in custody for a sentence that is being served
concurrently or consecutively with a sexually violent offense;
(2) the person returns to the custody of the Illinois
Department of Corrections or the Department of Juvenile Justice
for any reason during the term of parole or mandatory
supervised release being served for a sexually violent offense;
or (3) the person is convicted or adjudicated delinquent for
any offense committed during the term of parole or mandatory
supervised release being served for a sexually violent offense,

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regardless of whether that conviction or adjudication was for a
sexually violent offense.
(c) A petition filed under this Section shall state with
particularity essential facts to establish probable cause to
believe the person is a sexually violent person. If the
petition alleges that a sexually violent offense or act that is
a basis for the allegation under paragraph (b)(1) of this
Section was an act that was sexually motivated as provided
under paragraph (e)(2) of Section 5 of this Act, the petition
shall state the grounds on which the offense or act is alleged
to be sexually motivated.
(d) A petition under this Section shall be filed in either
of the following:
(1) The circuit court for the county in which the
person was convicted of a sexually violent offense,
adjudicated delinquent for a sexually violent offense or
found not guilty of a sexually violent offense by reason of
insanity, mental disease or mental defect.
(2) The circuit court for the county in which the
person is in custody under a sentence, a placement to a
Department of Corrections correctional facility or a
Department of Juvenile Justice juvenile correctional
facility, or a commitment order.
(e) The filing of a petition under this Act shall toll the
running of the term of parole or mandatory supervised release
until:

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(1) dismissal of the petition filed under this Act;
(2) a finding by a judge or jury that the respondent is
not a sexually violent person; or
(3) the sexually violent person is discharged under
Section 65 of this Act, unless the person has successfully
completed a period of conditional release pursuant to
Section 60 of this Act.
(f) The State has the right to have the person evaluated by
experts chosen by the State. The agency with jurisdiction as
defined in Section 10 of this Act shall allow the expert
reasonable access to the person for purposes of examination, to
the person's records, and to past and present treatment
providers and any other staff members relevant to the
examination.
(Source: P.A. 94-696, eff. 6-1-06; 94-992, eff. 1-1-07.)
(725 ILCS 207/25)
Sec. 25. Rights of persons subject to petition.
(a) Any person who is the subject of a petition filed under
Section 15 of this Act shall be served with a copy of the
petition in accordance with the Civil Practice Law.
(b) The circuit court in which a petition under Section 15
of this Act is filed shall conduct all hearings under this Act.
The court shall give the person who is the subject of the
petition reasonable notice of the time and place of each such
hearing. The court may designate additional persons to receive

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these notices.
(c) Except as provided in paragraph (b)(1) of Section 65
and Section 70 of this Act, at any hearing conducted under this
Act, the person who is the subject of the petition has the
right:
(1) To be present and to be represented by counsel. If
the person is indigent, the court shall appoint counsel.
(2) To remain silent.
(3) To present and cross-examine witnesses.
(4) To have the hearing recorded by a court reporter.
(d) The person who is the subject of the petition, the
person's attorney, the Attorney General or the State's Attorney
may request that a trial under Section 35 of this Act be to a
jury. A verdict of a jury under this Act is not valid unless it
is unanimous.
(e) Whenever the person who is the subject of the petition
is required to submit to an examination under this Act, he or
she may retain experts or professional persons to perform an
examination. The State has the right to have the person
evaluated by an expert chosen by the State. All examiners
retained by or appointed for any party If the person retains a
qualified expert or professional person of his or her own
choice to conduct an examination, the examiner shall have
reasonable access to the person for the purpose of the
examination, as well as to the person's past and present
treatment records and patient health care records. If the

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person is indigent, the court shall, upon the person's request,
appoint a qualified and available expert or professional person
to perform an examination. Upon the order of the circuit court,
the county shall pay, as part of the costs of the action, the
costs of a court-appointed expert or professional person to
perform an examination and participate in the trial on behalf
of an indigent person.
(Source: P.A. 93-616, eff. 1-1-04; 93-970, eff. 8-20-04.)
(725 ILCS 207/40)
Sec. 40. Commitment.
(a) If a court or jury determines that the person who is
the subject of a petition under Section 15 of this Act is a
sexually violent person, the court shall order the person to be
committed to the custody of the Department for control, care
and treatment until such time as the person is no longer a
sexually violent person.
(b) (1) The court shall enter an initial commitment order
under this Section pursuant to a hearing held as soon as
practicable after the judgment is entered that the person
who is the subject of a petition under Section 15 is a
sexually violent person. If the court lacks sufficient
information to make the determination required by
paragraph (b)(2) of this Section immediately after trial,
it may adjourn the hearing and order the Department to
conduct a predisposition investigation or a supplementary

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mental examination, or both, to assist the court in framing
the commitment order. If the Department's examining
evaluator previously rendered an opinion that the person
who is the subject of a petition under Section 15 does not
meet the criteria to be found a sexually violent person,
then another evaluator shall conduct the predisposition
investigation and/or supplementary mental examination. A
supplementary mental examination under this Section shall
be conducted in accordance with Section 3-804 of the Mental
Health and Developmental Disabilities Code. The State has
the right to have the person evaluated by experts chosen by
the State.
(2) An order for commitment under this Section shall
specify either institutional care in a secure facility, as
provided under Section 50 of this Act, or conditional
release. In determining whether commitment shall be for
institutional care in a secure facility or for conditional
release, the court shall consider the nature and
circumstances of the behavior that was the basis of the
allegation in the petition under paragraph (b)(1) of
Section 15, the person's mental history and present mental
condition, where the person will live, how the person will
support himself or herself, and what arrangements are
available to ensure that the person has access to and will
participate in necessary treatment. All treatment, whether
in institutional care, in a secure facility, or while on

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conditional release, shall be conducted in conformance
with the standards developed under the Sex Offender
Management Board Act and conducted by a treatment provider
approved by the Board. The Department shall arrange for
control, care and treatment of the person in the least
restrictive manner consistent with the requirements of the
person and in accordance with the court's commitment order.
(3) If the court finds that the person is appropriate
for conditional release, the court shall notify the
Department. The Department shall prepare a plan that
identifies the treatment and services, if any, that the
person will receive in the community. The plan shall
address the person's need, if any, for supervision,
counseling, medication, community support services,
residential services, vocational services, and alcohol or
other drug abuse treatment. The Department may contract
with a county health department, with another public agency
or with a private agency to provide the treatment and
services identified in the plan. The plan shall specify who
will be responsible for providing the treatment and
services identified in the plan. The plan shall be
presented to the court for its approval within 60 days
after the court finding that the person is appropriate for
conditional release, unless the Department and the person
to be released request additional time to develop the plan.
The conditional release program operated under this

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Section is not subject to the provisions of the Mental
Health and Developmental Disabilities Confidentiality Act.
(4) An order for conditional release places the person
in the custody and control of the Department. A person on
conditional release is subject to the conditions set by the
court and to the rules of the Department. Before a person
is placed on conditional release by the court under this
Section, the court shall so notify the municipal police
department and county sheriff for the municipality and
county in which the person will be residing. The
notification requirement under this Section does not apply
if a municipal police department or county sheriff submits
to the court a written statement waiving the right to be
notified. Notwithstanding any other provision in the Act,
the person being supervised on conditional release shall
not reside at the same street address as another sex
offender being supervised on conditional release under
this Act, mandatory supervised release, parole, probation,
or any other manner of supervision. If the Department
alleges that a released person has violated any condition
or rule, or that the safety of others requires that
conditional release be revoked, he or she may be taken into
custody under the rules of the Department.
At any time during which the person is on conditional
release, if the Department determines that the person has
violated any condition or rule, or that the safety of

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others requires that conditional release be revoked, the
Department may request the Attorney General or State's
Attorney to request the court to issue an emergency ex
parte order directing any law enforcement officer to take
the person into custody and transport the person to the
county jail. The Department may request, or the Attorney
General or State's Attorney may request independently of
the Department, that a petition to revoke conditional
release be filed. When a petition is filed, the court may
order the Department to issue a notice to the person to be
present at the Department or other agency designated by the
court, order a summons to the person to be present, or
order a body attachment for all law enforcement officers to
take the person into custody and transport him or her to
the county jail, hospital, or treatment facility. The
Department shall submit a statement showing probable cause
of the detention and a petition to revoke the order for
conditional release to the committing court within 48 hours
after the detention. The court shall hear the petition
within 30 days, unless the hearing or time deadline is
waived by the detained person. Pending the revocation
hearing, the Department may detain the person in a jail, in
a hospital or treatment facility. The State has the burden
of proving by clear and convincing evidence that any rule
or condition of release has been violated, or that the
safety of others requires that the conditional release be

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revoked. If the court determines after hearing that any
rule or condition of release has been violated, or that the
safety of others requires that conditional release be
revoked, it may revoke the order for conditional release
and order that the released person be placed in an
appropriate institution until the person is discharged
from the commitment under Section 65 of this Act or until
again placed on conditional release under Section 60 of
this Act.
(5) An order for conditional release places the person
in the custody, care, and control of the Department. The
court shall order the person be subject to the following
rules of conditional release, in addition to any other
conditions ordered, and the person shall be given a
certificate setting forth the conditions of conditional
release. These conditions shall be that the person:
(A) not violate any criminal statute of any
jurisdiction;
(B) report to or appear in person before such
person or agency as directed by the court and the
Department;
(C) refrain from possession of a firearm or other
dangerous weapon;
(D) not leave the State without the consent of the
court or, in circumstances in which the reason for the
absence is of such an emergency nature, that prior

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consent by the court is not possible without the prior
notification and approval of the Department;
(E) at the direction of the Department, notify
third parties of the risks that may be occasioned by
his or her criminal record or sexual offending history
or characteristics, and permit the supervising officer
or agent to make the notification requirement;
(F) attend and fully participate in assessment,
treatment, and behavior monitoring including, but not
limited to, medical, psychological or psychiatric
treatment specific to sexual offending, drug
addiction, or alcoholism, to the extent appropriate to
the person based upon the recommendation and findings
made in the Department evaluation or based upon any
subsequent recommendations by the Department;
(G) waive confidentiality allowing the court and
Department access to assessment or treatment results
or both;
(H) work regularly at a Department approved
occupation or pursue a course of study or vocational
training and notify the Department within 72 hours of
any change in employment, study, or training;
(I) not be employed or participate in any volunteer
activity that involves contact with children, except
under circumstances approved in advance and in writing
by the Department officer;

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(J) submit to the search of his or her person,
residence, vehicle, or any personal or real property
under his or her control at any time by the Department;
(K) financially support his or her dependents and
provide the Department access to any requested
financial information;
(L) serve a term of home confinement, the
conditions of which shall be that the person:
(i) remain within the interior premises of the
place designated for his or her confinement during
the hours designated by the Department;
(ii) admit any person or agent designated by
the Department into the offender's place of
confinement at any time for purposes of verifying
the person's compliance with the condition of his
or her confinement;
(iii) if deemed necessary by the Department,
be placed on an electronic monitoring device;
(M) comply with the terms and conditions of an
order of protection issued by the court pursuant to the
Illinois Domestic Violence Act of 1986. A copy of the
order of protection shall be transmitted to the
Department by the clerk of the court;
(N) refrain from entering into a designated
geographic area except upon terms the Department finds
appropriate. The terms may include consideration of

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the purpose of the entry, the time of day, others
accompanying the person, and advance approval by the
Department;
(O) refrain from having any contact, including
written or oral communications, directly or
indirectly, with certain specified persons including,
but not limited to, the victim or the victim's family,
and report any incidental contact with the victim or
the victim's family to the Department within 72 hours;
refrain from entering onto the premises of, traveling
past, or loitering near the victim's residence, place
of employment, or other places frequented by the
victim;
(P) refrain from having any contact, including
written or oral communications, directly or
indirectly, with particular types of persons,
including but not limited to members of street gangs,
drug users, drug dealers, or prostitutes;
(Q) refrain from all contact, direct or indirect,
personally, by telephone, letter, or through another
person, with minor children without prior
identification and approval of the Department;
(R) refrain from having in his or her body the
presence of alcohol or any illicit drug prohibited by
the Cannabis Control Act, the Illinois Controlled
Substances Act, or the Methamphetamine Control and

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Community Protection Act, unless prescribed by a
physician, and submit samples of his or her breath,
saliva, blood, or urine for tests to determine the
presence of alcohol or any illicit drug;
(S) not establish a dating, intimate, or sexual
relationship with a person without prior written
notification to the Department;
(T) neither possess or have under his or her
control any material that is pornographic, sexually
oriented, or sexually stimulating, or that depicts or
alludes to sexual activity or depicts minors under the
age of 18, including but not limited to visual,
auditory, telephonic, electronic media, or any matter
obtained through access to any computer or material
linked to computer access use;
(U) not patronize any business providing sexually
stimulating or sexually oriented entertainment nor
utilize "900" or adult telephone numbers or any other
sex-related telephone numbers;
(V) not reside near, visit, or be in or about
parks, schools, day care centers, swimming pools,
beaches, theaters, or any other places where minor
children congregate without advance approval of the
Department and report any incidental contact with
minor children to the Department within 72 hours;
(W) not establish any living arrangement or

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residence without prior approval of the Department;
(X) not publish any materials or print any
advertisements without providing a copy of the
proposed publications to the Department officer and
obtaining permission prior to publication;
(Y) not leave the county except with prior
permission of the Department and provide the
Department officer or agent with written travel routes
to and from work and any other designated destinations;
(Z) not possess or have under his or her control
certain specified items of contraband related to the
incidence of sexually offending items including video
or still camera items or children's toys;
(AA) provide a written daily log of activities as
directed by the Department;
(BB) comply with all other special conditions that
the Department may impose that restrict the person from
high-risk situations and limit access or potential
victims.
(6) A person placed on conditional release and who
during the term undergoes mandatory drug or alcohol testing
or is assigned to be placed on an approved electronic
monitoring device may be ordered to pay all costs
incidental to the mandatory drug or alcohol testing and all
costs incidental to the approved electronic monitoring in
accordance with the person's ability to pay those costs.

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The Department may establish reasonable fees for the cost
of maintenance, testing, and incidental expenses related
to the mandatory drug or alcohol testing and all costs
incidental to approved electronic monitoring.
(Source: P.A. 93-616, eff. 1-1-04; 94-556, eff. 9-11-05.)
(725 ILCS 207/60)
Sec. 60. Petition for conditional release.
(a) Any person who is committed for institutional care in a
secure facility or other facility under Section 40 of this Act
may petition the committing court to modify its order by
authorizing conditional release if at least 6 months have
elapsed since the initial commitment order was entered, an
order continuing commitment was entered pursuant to Section 65,
the most recent release petition was denied or the most recent
order for conditional release was revoked. The director of the
facility at which the person is placed may file a petition
under this Section on the person's behalf at any time. If the
evaluator on behalf of the Department recommends that the
committed person is appropriate for conditional release, then
the director or designee shall, within 30 days of receipt of
the evaluator's report, file with the committing court notice
of his or her intention whether or not to petition for
conditional release on the committed person's behalf.
(b) If the person files a timely petition without counsel,
the court shall serve a copy of the petition on the Attorney

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General or State's Attorney, whichever is applicable and,
subject to paragraph (c)(1) of Section 25 of this Act, appoint
counsel. If the person petitions through counsel, his or her
attorney shall serve the Attorney General or State's Attorney,
whichever is applicable.
(c) Within 20 days after receipt of the petition, upon the
request of the committed person or on the court's own motion,
the court may shall appoint an examiner one or more examiners
having the specialized knowledge determined by the court to be
appropriate, who shall examine the mental condition of the
person and furnish a written report of the examination to the
court within 30 days after appointment. The examiners shall
have reasonable access to the person for purposes of
examination and to the person's past and present treatment
records and patient health care records. If any such examiner
believes that the person is appropriate for conditional
release, the examiner shall report on the type of treatment and
services that the person may need while in the community on
conditional release. The State has the right to have the person
evaluated by experts chosen by the State. Any examination or
evaluation conducted under this Section shall be in conformance
with the standards developed under the Sex Offender Management
Board Act and conducted by an evaluator approved by the Board.
The court shall set a probable cause hearing as soon as
practical after the examiners' reports are examiner's report is
filed. The probable cause hearing shall consist of a review of

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the examining evaluators' reports and arguments on behalf of
the parties. If the court determines at the probable cause
hearing that cause exists to believe that it is not
substantially probable that the person will engage in acts of
sexual violence if on release or conditional release, the court
shall set a hearing on the issue.
(d) The court, without a jury, shall hear the petition as
soon as practical within 30 days after the reports report of
all examiners are the court-appointed examiner is filed with
the court, unless the petitioner waives this time limit. The
court shall grant the petition unless the State proves by clear
and convincing evidence that the person has not made sufficient
progress to be conditionally released. In making a decision
under this subsection, the court must consider the nature and
circumstances of the behavior that was the basis of the
allegation in the petition under paragraph (b)(1) of Section 15
of this Act, the person's mental history and present mental
condition, where the person will live, how the person will
support himself or herself and what arrangements are available
to ensure that the person has access to and will participate in
necessary treatment.
(e) Before the court may enter an order directing
conditional release to a less restrictive alternative it must
find the following: (1) the person will be treated by a
Department approved treatment provider, (2) the treatment
provider has presented a specific course of treatment and has

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agreed to assume responsibility for the treatment and will
report progress to the Department on a regular basis, and will
report violations immediately to the Department, consistent
with treatment and supervision needs of the respondent, (3)
housing exists that is sufficiently secure to protect the
community, and the person or agency providing housing to the
conditionally released person has agreed in writing to accept
the person, to provide the level of security required by the
court, and immediately to report to the Department if the
person leaves the housing to which he or she has been assigned
without authorization, (4) the person is willing to or has
agreed to comply with the treatment provider, the Department,
and the court, and (5) the person has agreed or is willing to
agree to comply with the behavioral monitoring requirements
imposed by the court and the Department.
(f) If the court finds that the person is appropriate for
conditional release, the court shall notify the Department. The
Department shall prepare a plan that identifies the treatment
and services, if any, that the person will receive in the
community. The plan shall address the person's need, if any,
for supervision, counseling, medication, community support
services, residential services, vocational services, and
alcohol or other drug abuse treatment. The Department may
contract with a county health department, with another public
agency or with a private agency to provide the treatment and
services identified in the plan. The plan shall specify who

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will be responsible for providing the treatment and services
identified in the plan. The plan shall be presented to the
court for its approval within 60 days after the court finding
that the person is appropriate for conditional release, unless
the Department and the person to be released request additional
time to develop the plan.
(g) The provisions of paragraphs (b)(4), (b)(5), and (b)(6)
of Section 40 of this Act apply to an order for conditional
release issued under this Section.
(Source: P.A. 92-415, eff. 8-17-01; 93-616, eff. 1-1-04;
93-885, eff. 8-6-04.)
(725 ILCS 207/65)
Sec. 65. Petition for discharge; procedure.
(a)(1) If the Secretary determines at any time that a
person committed under this Act is no longer a sexually violent
person, the Secretary shall authorize the person to petition
the committing court for discharge. If the evaluator on behalf
of the Department recommends that the committed person is no
longer a sexually violent person, then the Secretary or
designee shall, within 30 days of receipt of the evaluator's
report, file with the committing court notice of his or her
determination whether or not to authorize the committed person
to petition the committing court for discharge. The person
shall file the petition with the court and serve a copy upon
the Attorney General or the State's Attorney's office that

SB3467 Enrolled - 24 - LRB096 20615 RLC 36324 b
filed the petition under subsection (a) of Section 15 of this
Act, whichever is applicable. The court, upon receipt of the
petition for discharge, shall order a hearing to be held as
soon as practical within 45 days after the date of receipt of
the petition.
(2) At a hearing under this subsection, the Attorney
General or State's Attorney, whichever filed the original
petition, shall represent the State and shall have the right to
have the petitioner examined by an expert or professional
person of his or her choice. The examination shall be conducted
in conformance with the standards developed under the Sex
Offender Management Board Act and by an evaluator approved by
the Board. The committed 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 petitioner is still a
sexually violent person.
(3) If the court or jury is satisfied that the State has
not met its burden of proof under paragraph (a)(2) of this
Section, the petitioner shall be discharged from the custody or
supervision of the Department. If the court is satisfied that
the State has met its burden of proof under paragraph (a)(2),
the court may proceed under Section 40 of this Act to determine
whether to modify the petitioner's existing commitment order.
(b)(1) A person may petition the committing court for
discharge from custody or supervision without the Secretary's
approval. At the time of an examination under subsection (a) of

SB3467 Enrolled - 25 - LRB096 20615 RLC 36324 b
Section 55 of this Act, the Secretary shall provide the
committed person with a written notice of the person's right to
petition the court for discharge over the Secretary's
objection. The notice shall contain a waiver of rights. The
Secretary shall forward the notice and waiver form to the court
with the report of the Department's examination under Section
55 of this Act. If the person does not affirmatively waive the
right to petition, the court shall set a probable cause hearing
to determine whether facts exist that warrant a hearing on
whether the person is still a sexually violent person. If a
person does not file a petition for discharge, yet fails to
waive the right to petition under this Section, then the
probable cause hearing consists only of a review of the
reexamination reports and arguments on behalf of the parties.
The committed person has a right to have an attorney represent
him or her at the probable cause hearing, but the person is not
entitled to be present at the probable cause hearing. The
probable cause hearing under this Section must be held as soon
as practical after within 45 days of the filing of the
reexamination report under Section 55 of this Act.
(2) If the court determines at the probable cause hearing
under paragraph (b)(1) of this Section that probable cause
exists to believe that the committed person is no longer a
sexually violent person, then the court shall set a hearing on
the issue. At a hearing under this Section, the committed
person is entitled to be present and to the benefit of the

SB3467 Enrolled - 26 - LRB096 20615 RLC 36324 b
protections afforded to the person under Section 25 of this
Act. The committed person or the State may elect to have a
hearing under this Section before a jury. A verdict of a jury
under this Section is not valid unless it is unanimous. The
Attorney General or State's Attorney, whichever filed the
original petition, shall represent the State at a hearing under
this Section. The State has the right to have the committed
person evaluated by experts chosen by the State. The
examination shall be conducted in conformance with the
standards developed under the Sex Offender Management Board Act
and by an evaluator approved by the Board. At the hearing, the
State has the burden of proving by clear and convincing
evidence that the committed person is still a sexually violent
person.
(3) If the court or jury is satisfied that the State has
not met its burden of proof under paragraph (b)(2) of this
Section, the person shall be discharged from the custody or
supervision of the Department. If the court or jury is
satisfied that the State has met its burden of proof under
paragraph (b)(2) of this Section, the court may proceed under
Section 40 of this Act to determine whether to modify the
person's existing commitment order.
(Source: P.A. 92-415, eff. 8-17-01; 93-616, eff. 1-1-04.)
Section 10. The Unified Code of Corrections is amended by
changing Section 3-6-3 as follows:

SB3467 Enrolled - 27 - LRB096 20615 RLC 36324 b
(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
Sec. 3-6-3. Rules and Regulations for Early Release.
(a) (1) The Department of Corrections shall prescribe
rules and regulations for the early release on account of
good conduct of persons committed to the Department which
shall be subject to review by the Prisoner Review Board.
(2) The rules and regulations on early release shall
provide, with respect to offenses listed in clause (i),
(ii), or (iii) of this paragraph (2) committed on or after
June 19, 1998 or with respect to the offense listed in
clause (iv) of this paragraph (2) committed on or after
June 23, 2005 (the effective date of Public Act 94-71) or
with respect to offense listed in clause (vi) committed on
or after June 1, 2008 (the effective date of Public Act
95-625) or with respect to the offense of being an armed
habitual criminal committed on or after August 2, 2005 (the
effective date of Public Act 94-398) or with respect to the
offenses listed in clause (v) of this paragraph (2)
committed on or after August 13, 2007 (the effective date
of Public Act 95-134), the following:
(i) that a prisoner who is serving a term of
imprisonment for first degree murder or for the offense
of terrorism shall receive no good conduct credit and
shall serve the entire sentence imposed by the court;
(ii) that a prisoner serving a sentence for attempt

SB3467 Enrolled - 28 - LRB096 20615 RLC 36324 b
to commit first degree murder, solicitation of murder,
solicitation of murder for hire, intentional homicide
of an unborn child, predatory criminal sexual assault
of a child, aggravated criminal sexual assault,
criminal sexual assault, aggravated kidnapping,
aggravated battery with a firearm, heinous battery,
being an armed habitual criminal, aggravated battery
of a senior citizen, or aggravated battery of a child
shall receive no more than 4.5 days of good conduct
credit for each month of his or her sentence of
imprisonment;
(iii) that a prisoner serving a sentence for home
invasion, armed robbery, aggravated vehicular
hijacking, aggravated discharge of a firearm, or armed
violence with a category I weapon or category II
weapon, when the court has made and entered a finding,
pursuant to subsection (c-1) of Section 5-4-1 of this
Code, that the conduct leading to conviction for the
enumerated offense resulted in great bodily harm to a
victim, shall receive no more than 4.5 days of good
conduct credit for each month of his or her sentence of
imprisonment;
(iv) that a prisoner serving a sentence for
aggravated discharge of a firearm, whether or not the
conduct leading to conviction for the offense resulted
in great bodily harm to the victim, shall receive no

SB3467 Enrolled - 29 - LRB096 20615 RLC 36324 b
more than 4.5 days of good conduct credit for each
month of his or her sentence of imprisonment;
(v) that a person serving a sentence for
gunrunning, narcotics racketeering, controlled
substance trafficking, methamphetamine trafficking,
drug-induced homicide, aggravated
methamphetamine-related child endangerment, money
laundering pursuant to clause (c) (4) or (5) of Section
29B-1 of the Criminal Code of 1961, or a Class X felony
conviction for delivery of a controlled substance,
possession of a controlled substance with intent to
manufacture or deliver, calculated criminal drug
conspiracy, criminal drug conspiracy, street gang
criminal drug conspiracy, participation in
methamphetamine manufacturing, aggravated
participation in methamphetamine manufacturing,
delivery of methamphetamine, possession with intent to
deliver methamphetamine, aggravated delivery of
methamphetamine, aggravated possession with intent to
deliver methamphetamine, methamphetamine conspiracy
when the substance containing the controlled substance
or methamphetamine is 100 grams or more shall receive
no more than 7.5 days good conduct credit for each
month of his or her sentence of imprisonment; and
(vi) that a prisoner serving a sentence for a
second or subsequent offense of luring a minor shall

SB3467 Enrolled - 30 - LRB096 20615 RLC 36324 b
receive no more than 4.5 days of good conduct credit
for each month of his or her sentence of imprisonment.
(2.1) For all offenses, other than those enumerated in
subdivision (a)(2)(i), (ii), or (iii) committed on or after
June 19, 1998 or subdivision (a)(2)(iv) committed on or
after June 23, 2005 (the effective date of Public Act
94-71) or subdivision (a)(2)(v) committed on or after
August 13, 2007 (the effective date of Public Act 95-134)
or subdivision (a)(2)(vi) committed on or after June 1,
2008 (the effective date of Public Act 95-625), and other
than the offense of reckless homicide as defined in
subsection (e) of Section 9-3 of the Criminal Code of 1961
committed on or after January 1, 1999, or aggravated
driving under the influence of alcohol, other drug or
drugs, or intoxicating compound or compounds, or any
combination thereof as defined in subparagraph (F) of
paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code, the rules and regulations shall
provide that a prisoner who is serving a term of
imprisonment shall receive one day of good conduct credit
for each day of his or her sentence of imprisonment or
recommitment under Section 3-3-9. Each day of good conduct
credit shall reduce by one day the prisoner's period of
imprisonment or recommitment under Section 3-3-9.
(2.2) A prisoner serving a term of natural life
imprisonment or a prisoner who has been sentenced to death

SB3467 Enrolled - 31 - LRB096 20615 RLC 36324 b
shall receive no good conduct credit.
(2.3) The rules and regulations on early release shall
provide that a prisoner who is serving a sentence for
reckless homicide as defined in subsection (e) of Section
9-3 of the Criminal Code of 1961 committed on or after
January 1, 1999, or aggravated driving under the influence
of alcohol, other drug or drugs, or intoxicating compound
or compounds, or any combination thereof as defined in
subparagraph (F) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code, shall receive
no more than 4.5 days of good conduct credit for each month
of his or her sentence of imprisonment.
(2.4) The rules and regulations on early release shall
provide with respect to the offenses of aggravated battery
with a machine gun or a firearm equipped with any device or
attachment designed or used for silencing the report of a
firearm or aggravated discharge of a machine gun or a
firearm equipped with any device or attachment designed or
used for silencing the report of a firearm, committed on or
after July 15, 1999 (the effective date of Public Act
91-121), that a prisoner serving a sentence for any of
these offenses shall receive no more than 4.5 days of good
conduct credit for each month of his or her sentence of
imprisonment.
(2.5) The rules and regulations on early release shall
provide that a prisoner who is serving a sentence for

SB3467 Enrolled - 32 - LRB096 20615 RLC 36324 b
aggravated arson committed on or after July 27, 2001 (the
effective date of Public Act 92-176) shall receive no more
than 4.5 days of good conduct credit for each month of his
or her sentence of imprisonment.
(3) The rules and regulations shall also provide that
the Director may award up to 180 days additional good
conduct credit for meritorious service in specific
instances as the Director deems proper; except that no more
than 90 days of good conduct credit for meritorious service
shall be awarded to any prisoner who is serving a sentence
for conviction of first degree murder, reckless homicide
while under the influence of alcohol or any other drug, or
aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds, or
any combination thereof as defined in subparagraph (F) of
paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code, aggravated kidnapping, kidnapping,
predatory criminal sexual assault of a child, aggravated
criminal sexual assault, criminal sexual assault, deviate
sexual assault, aggravated criminal sexual abuse,
aggravated indecent liberties with a child, indecent
liberties with a child, child pornography, heinous
battery, aggravated battery of a spouse, aggravated
battery of a spouse with a firearm, stalking, aggravated
stalking, aggravated battery of a child, endangering the
life or health of a child, or cruelty to a child.

SB3467 Enrolled - 33 - LRB096 20615 RLC 36324 b
Notwithstanding the foregoing, good conduct credit for
meritorious service shall not be awarded on a sentence of
imprisonment imposed for conviction of: (i) one of the
offenses enumerated in subdivision (a)(2)(i), (ii), or
(iii) when the offense is committed on or after June 19,
1998 or subdivision (a)(2)(iv) when the offense is
committed on or after June 23, 2005 (the effective date of
Public Act 94-71) or subdivision (a)(2)(v) when the offense
is committed on or after August 13, 2007 (the effective
date of Public Act 95-134) or subdivision (a)(2)(vi) when
the offense is committed on or after June 1, 2008 (the
effective date of Public Act 95-625), (ii) reckless
homicide as defined in subsection (e) of Section 9-3 of the
Criminal Code of 1961 when the offense is committed on or
after January 1, 1999, or aggravated driving under the
influence of alcohol, other drug or drugs, or intoxicating
compound or compounds, or any combination thereof as
defined in subparagraph (F) of paragraph (1) of subsection
(d) of Section 11-501 of the Illinois Vehicle Code, (iii)
one of the offenses enumerated in subdivision (a)(2.4) when
the offense is committed on or after July 15, 1999 (the
effective date of Public Act 91-121), or (iv) aggravated
arson when the offense is committed on or after July 27,
2001 (the effective date of Public Act 92-176), or (v)
offenses that may subject the offender to commitment under
the Sexually Violent Persons Commitment Act.

SB3467 Enrolled - 34 - LRB096 20615 RLC 36324 b
The Director shall not award good conduct credit for
meritorious service under this paragraph (3) to an inmate
unless the inmate has served a minimum of 60 days of the
sentence; except nothing in this paragraph shall be
construed to permit the Director to extend an inmate's
sentence beyond that which was imposed by the court. Prior
to awarding credit under this paragraph (3), the Director
shall make a written determination that the inmate:
(A) is eligible for good conduct credit for
meritorious service;
(B) has served a minimum of 60 days, or as close to
60 days as the sentence will allow; and
(C) has met the eligibility criteria established
by rule.
The Director shall determine the form and content of
the written determination required in this subsection.
(4) The rules and regulations shall also provide that
the good conduct credit accumulated and retained under
paragraph (2.1) of subsection (a) of this Section by any
inmate during specific periods of time in which such inmate
is engaged full-time in substance abuse programs,
correctional industry assignments, or educational programs
provided by the Department under this paragraph (4) and
satisfactorily completes the assigned program as
determined by the standards of the Department, shall be
multiplied by a factor of 1.25 for program participation

SB3467 Enrolled - 35 - LRB096 20615 RLC 36324 b
before August 11, 1993 and 1.50 for program participation
on or after that date. However, no inmate shall be eligible
for the additional good conduct credit under this paragraph
(4) or (4.1) of this subsection (a) while assigned to a
boot camp or electronic detention, or if convicted of an
offense enumerated in subdivision (a)(2)(i), (ii), or
(iii) of this Section that is committed on or after June
19, 1998 or subdivision (a)(2)(iv) of this Section that is
committed on or after June 23, 2005 (the effective date of
Public Act 94-71) or subdivision (a)(2)(v) of this Section
that is committed on or after August 13, 2007 (the
effective date of Public Act 95-134) or subdivision
(a)(2)(vi) when the offense is committed on or after June
1, 2008 (the effective date of Public Act 95-625), or if
convicted of reckless homicide as defined in subsection (e)
of Section 9-3 of the Criminal Code of 1961 if the offense
is committed on or after January 1, 1999, or aggravated
driving under the influence of alcohol, other drug or
drugs, or intoxicating compound or compounds, or any
combination thereof as defined in subparagraph (F) of
paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code, or if convicted of an offense
enumerated in paragraph (a)(2.4) of this Section that is
committed on or after July 15, 1999 (the effective date of
Public Act 91-121), or first degree murder, a Class X
felony, criminal sexual assault, felony criminal sexual

SB3467 Enrolled - 36 - LRB096 20615 RLC 36324 b
abuse, aggravated criminal sexual abuse, aggravated
battery with a firearm, or any predecessor or successor
offenses with the same or substantially the same elements,
or any inchoate offenses relating to the foregoing
offenses. No inmate shall be eligible for the additional
good conduct credit under this paragraph (4) who (i) has
previously received increased good conduct credit under
this paragraph (4) and has subsequently been convicted of a
felony, or (ii) has previously served more than one prior
sentence of imprisonment for a felony in an adult
correctional facility.
Educational, vocational, substance abuse and
correctional industry programs under which good conduct
credit may be increased under this paragraph (4) and
paragraph (4.1) of this subsection (a) shall be evaluated
by the Department on the basis of documented standards. The
Department shall report the results of these evaluations to
the Governor and the General Assembly by September 30th of
each year. The reports shall include data relating to the
recidivism rate among program participants.
Availability of these programs shall be subject to the
limits of fiscal resources appropriated by the General
Assembly for these purposes. Eligible inmates who are
denied immediate admission shall be placed on a waiting
list under criteria established by the Department. The
inability of any inmate to become engaged in any such

SB3467 Enrolled - 37 - LRB096 20615 RLC 36324 b
programs by reason of insufficient program resources or for
any other reason established under the rules and
regulations of the Department shall not be deemed a cause
of action under which the Department or any employee or
agent of the Department shall be liable for damages to the
inmate.
(4.1) The rules and regulations shall also provide that
an additional 60 days of good conduct credit shall be
awarded to any prisoner who passes the high school level
Test of General Educational Development (GED) while the
prisoner is incarcerated. The good conduct credit awarded
under this paragraph (4.1) shall be in addition to, and
shall not affect, the award of good conduct under any other
paragraph of this Section, but shall also be pursuant to
the guidelines and restrictions set forth in paragraph (4)
of subsection (a) of this Section. The good conduct credit
provided for in this paragraph shall be available only to
those prisoners who have not previously earned a high
school diploma or a GED. If, after an award of the GED good
conduct credit has been made and the Department determines
that the prisoner was not eligible, then the award shall be
revoked.
(4.5) The rules and regulations on early release shall
also provide that when the court's sentencing order
recommends a prisoner for substance abuse treatment and the
crime was committed on or after September 1, 2003 (the

SB3467 Enrolled - 38 - LRB096 20615 RLC 36324 b
effective date of Public Act 93-354), the prisoner shall
receive no good conduct credit awarded under clause (3) of
this subsection (a) unless he or she participates in and
completes a substance abuse treatment program. The
Director may waive the requirement to participate in or
complete a substance abuse treatment program and award the
good conduct credit in specific instances if the prisoner
is not a good candidate for a substance abuse treatment
program for medical, programming, or operational reasons.
Availability of substance abuse treatment shall be subject
to the limits of fiscal resources appropriated by the
General Assembly for these purposes. If treatment is not
available and the requirement to participate and complete
the treatment has not been waived by the Director, the
prisoner shall be placed on a waiting list under criteria
established by the Department. The Director may allow a
prisoner placed on a waiting list to participate in and
complete a substance abuse education class or attend
substance abuse self-help meetings in lieu of a substance
abuse treatment program. A prisoner on a waiting list who
is not placed in a substance abuse program prior to release
may be eligible for a waiver and receive good conduct
credit under clause (3) of this subsection (a) at the
discretion of the Director.
(4.6) The rules and regulations on early release shall
also provide that a prisoner who has been convicted of a

SB3467 Enrolled - 39 - LRB096 20615 RLC 36324 b
sex offense as defined in Section 2 of the Sex Offender
Registration Act shall receive no good conduct credit
unless he or she either has successfully completed or is
participating in sex offender treatment as defined by the
Sex Offender Management Board. However, prisoners who are
waiting to receive such treatment, but who are unable to do
so due solely to the lack of resources on the part of the
Department, may, at the Director's sole discretion, be
awarded good conduct credit at such rate as the Director
shall determine.
(5) Whenever the Department is to release any inmate
earlier than it otherwise would because of a grant of good
conduct credit for meritorious service given at any time
during the term, the Department shall give reasonable
notice of the impending release not less than 14 days prior
to the date of the release to the State's Attorney of the
county where the prosecution of the inmate took place, and
if applicable, the State's Attorney of the county into
which the inmate will be released.
(b) Whenever a person is or has been committed under
several convictions, with separate sentences, the sentences
shall be construed under Section 5-8-4 in granting and
forfeiting of good time.
(c) The Department shall prescribe rules and regulations
for revoking good conduct credit, or suspending or reducing the
rate of accumulation of good conduct credit for specific rule

SB3467 Enrolled - 40 - LRB096 20615 RLC 36324 b
violations, during imprisonment. These rules and regulations
shall provide that no inmate may be penalized more than one
year of good conduct credit for any one infraction.
When the Department seeks to revoke, suspend or reduce the
rate of accumulation of any good conduct credits for an alleged
infraction of its rules, it shall bring charges therefor
against the prisoner sought to be so deprived of good conduct
credits before the Prisoner Review Board as provided in
subparagraph (a)(4) of Section 3-3-2 of this Code, if the
amount of credit at issue exceeds 30 days or when during any 12
month period, the cumulative amount of credit revoked exceeds
30 days except where the infraction is committed or discovered
within 60 days of scheduled release. In those cases, the
Department of Corrections may revoke up to 30 days of good
conduct credit. The Board may subsequently approve the
revocation of additional good conduct credit, if the Department
seeks to revoke good conduct credit in excess of 30 days.
However, the Board shall not be empowered to review the
Department's decision with respect to the loss of 30 days of
good conduct credit within any calendar year for any prisoner
or to increase any penalty beyond the length requested by the
Department.
The Director of the Department of Corrections, in
appropriate cases, may restore up to 30 days good conduct
credits which have been revoked, suspended or reduced. Any
restoration of good conduct credits in excess of 30 days shall

SB3467 Enrolled - 41 - LRB096 20615 RLC 36324 b
be subject to review by the Prisoner Review Board. However, the
Board may not restore good conduct credit in excess of the
amount requested by the Director.
Nothing contained in this Section shall prohibit the
Prisoner Review Board from ordering, pursuant to Section
3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
sentence imposed by the court that was not served due to the
accumulation of good conduct credit.
(d) If a lawsuit is filed by a prisoner in an Illinois or
federal court against the State, the Department of Corrections,
or the Prisoner Review Board, or against any of their officers
or employees, and the court makes a specific finding that a
pleading, motion, or other paper filed by the prisoner is
frivolous, the Department of Corrections shall conduct a
hearing to revoke up to 180 days of good conduct credit by
bringing charges against the prisoner sought to be deprived of
the good conduct credits before the Prisoner Review Board as
provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the prisoner has not accumulated 180 days of good conduct
credit at the time of the finding, then the Prisoner Review
Board may revoke all good conduct credit accumulated by the
prisoner.
For purposes of this subsection (d):
(1) "Frivolous" means that a pleading, motion, or other
filing which purports to be a legal document filed by a
prisoner in his or her lawsuit meets any or all of the

SB3467 Enrolled - 42 - LRB096 20615 RLC 36324 b
following criteria:
(A) it lacks an arguable basis either in law or in
fact;
(B) it is being presented for any improper purpose,
such as to harass or to cause unnecessary delay or
needless increase in the cost of litigation;
(C) the claims, defenses, and other legal
contentions therein are not warranted by existing law
or by a nonfrivolous argument for the extension,
modification, or reversal of existing law or the
establishment of new law;
(D) the allegations and other factual contentions
do not have evidentiary support or, if specifically so
identified, are not likely to have evidentiary support
after a reasonable opportunity for further
investigation or discovery; or
(E) the denials of factual contentions are not
warranted on the evidence, or if specifically so
identified, are not reasonably based on a lack of
information or belief.
(2) "Lawsuit" means a motion pursuant to Section 116-3
of the Code of Criminal Procedure of 1963, a habeas corpus
action under Article X of the Code of Civil Procedure or
under federal law (28 U.S.C. 2254), a petition for claim
under the Court of Claims Act, an action under the federal
Civil Rights Act (42 U.S.C. 1983), or a second or

SB3467 Enrolled - 43 - LRB096 20615 RLC 36324 b
subsequent petition for post-conviction relief under
Article 122 of the Code of Criminal Procedure of 1963
whether filed with or without leave of court or a second or
subsequent petition for relief from judgment under Section
2-1401 of the Code of Civil Procedure.
(e) Nothing in Public Act 90-592 or 90-593 affects the
validity of Public Act 89-404.
(f) Whenever the Department is to release any inmate who
has been convicted of a violation of an order of protection
under Section 12-30 of the Criminal Code of 1961, earlier than
it otherwise would because of a grant of good conduct credit,
the Department, as a condition of such early release, shall
require that the person, upon release, be placed under
electronic surveillance as provided in Section 5-8A-7 of this
Code.
(Source: P.A. 95-134, eff. 8-13-07; 95-585, eff. 6-1-08;
95-625, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09;
95-876, eff. 8-21-08; 96-860, eff. 1-15-10.)
SB3467 Enrolled - 44 - LRB096 20615 RLC 36324 b
INDEX
Statutes amended in order of appearance
725 ILCS 207/15
725 ILCS 207/25
725 ILCS 207/30
725 ILCS 207/40
725 ILCS 207/60
725 ILCS 207/65
730 ILCS 5/3-6-3