In re Commitment of Wilcoxen

Illinois Appellate Court
Civil Court
Sexually Violent Persons
Citation
Case Number: 
2016 IL App (3d) 140359
Decision Date: 
Wednesday, January 27, 2016
District: 
3d Dist.
Division/County: 
Fulton Co.
Holding: 
Reversed and remanded with directions.
Justice: 
McDADE

In 1992, Respondent was sentenced to 22 years for attempted criminal sexual assault. State filed petition to have him declared a sexually violent person 5 days before his scheduled release. Respondent presented evidence of probable cause that he is no longer a sexually violent person,so that he met his burden of production and he is entitled to an evidentiary hearing.(HOLDRIDGE, concurring; CARTER, dissenting.)