Illinois Appellate Court
Civil Court
Sexually Violent Persons
Court improperly denied Respondent's petition for discharge from custody and control of IDHS pursuant to Section 70 of Sexually Violent Persons Commitment Act. Court improperly weighed the contradictory evidence presented by the parties' respective psychological experts instead of determining whether Respondent's evidence that he was no longer a sexually violent person was plausible. As Respondent presented such plausible evidence, which thus establishes probable cause, case remanded for evidentiary hearing on petition for discharge from custody. (KNECHT and McCULLOUGH, concurring.)