Illinois Appellate Court
Criminal Court
Sexually Violent Persons
Trial court did not abuse its discretion in, following a probable cause hearing, denying Respondent's petition for discharge from commitment as sexually violent person and refusing to hold full hearing. Two experts differed in their opinions as to whether Respondent remained dangerous or should be discharged. Even though Respondent was age 71 and thus per some research was at less risk for recidivism, court properly gave greater weight to one expert's opinion that his pedophilia and personality disorder were conditions affecting his emotional and volitional capacity and predisposing him to sexual violence, as compared to other expert who saw Respondent only once and based many of his findings solely on what Respondent told him. (GOLDENHERSH, concurring; STEWART, dissenting.)