In re Commitment of Weekly

Illinois Appellate Court
Civil Court
Sexually Violent Persons
Citation
Case Number: 
2011 IL App (1st) 102276
Decision Date: 
Friday, September 16, 2011
District: 
1st Dist.
Division/County: 
Cook, 6th Div.
Holding: 
Certified questions answered.
Justice: 
R.E. GORDON
(Modified 11/4/11 upon denial of rehearing.) State sought involuntary commitment of Respondents under Sexually Violent Persons Commitment Act. Court denied Respondents' petitions for fitness exam to determine if Respondents were fit and, if not, whether they could be restored to fitness. Respondents do not have a right to fitness evaluation under statutory language of Act and do not have a due process right to fitness evaluation. Court is without inherent authority to order fitness evaluation. (GARCIA and McBRIDE, concurring.)