In re Commitment of Simons

Respondent, a sexually violent person committed to Department of Human Service, filed petition for discharge and motion to appoint an expert, when circuit court properly denied as untimely.Respondent has refused to participate in reviews and in sex offender treatment over the past year. Petitions for discharge may be filed only in limited period of time, which is after receiving notice of Respondent's right to petition at time of yearly reexamination, but before the probable cause hearing.  Respondent's petition was untimely, as he filed it after the probable cause hearing. Respondent's request was not a valid postjudgment motion, as it was not directed at the previous judgment. (GOLDENHERSH and CHAPMAN, concurring.)