In re The Detention of New

Illinois Appellate Court
Civil Court
Sexually Violent Persons Commitment Act
Citation
Case Number: 
2013 IL App (1st) 111556
Decision Date: 
Thursday, June 13, 2013
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Reversed and remanded.
Justice: 
HYMAN
(Court opinion corrected 6/20/13.) Respondent in a Sexually Violent Person (SVP) proceeding who does not suffer from an actual mental disorder should not be involuntarily committed. Respondent's diagnosis of a novel condition,a diagnosis addendum to his paraphilia diagnosis, of "sexually attracted to early pubesent males", was not shown by State to be generally accepted as a mental disorder. Thus, court should have conducted a Frye hearing. (NEVILLE and PIERCE, concurring.)