People v. Bethke

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2014 IL App (1st) 122502
Decision Date: 
February 6, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Justice: 
LAVIN
Holding: 
Remanded.
(Court opinion corrected 2/13/14.) Defendant, who has been in mental health center in custody of IDHS since 1993, having been found not guilty of first degree murder by reason of insanity, filed petition requesting supervised off-grounds pass privileges. Court is required, under Mental Health Code, to make sufficient findings of fact and conclusions of law in relation to denial of pass privileges after evidentiary hearing. Merely reciting circumstances of crime committed while mentally ill 20 years prior does not supply court with clear and convincing evidence that off-grounds privileges should be denied. (HOWSE and EPSTEIN, concurring.)