Illinois Appellate Court
Criminal Court
Postconviction Petitions
Court summarily dismissed, as frivolous and patently without merit, Defendant's petition for postconviction relief which asserted actual innocence. Although Defendant was detained under the Sexually Violent Persons Commitment Act, that Act is civil in nature, and he was thus no longer "imprisoned in a penitentiary" within meaning of Post-Conviction Hearing Act, and therefore lacked standing to seek postconviction relief. Defendant had been discharged from MSR months before he filed his postconviction petition, and a defendant must be currently on MSR, not tolled, to be within the realm of the Act.(FITZGERALD SMITH and TOOMIN, concurring.)