People v. Bailey

Defendant, having been found a sexually dangerous person in 2007, filed a pro se petition 5 years later alleging recovery. After bench trial, court found that Defendant remained an SDP. A trial court's failure to make a finding that there was a substantial probability Defendant would engage in commission of sex offenses in the future if not confined may not be harmless error. A finding of sexual dangerousness must be accompanied by a substantial probability finding. Error must not necessarily result in outright reversal of order, but may be remanded for rehearing. (WRIGHT, concurring; SCHMIDT, concurring in part and dissenting in part.)