Section 5-2-4(g) of the Unified Code of Corrections does not violate the due process clause of the constitution. Under Section 5-2-4, anyone committed following a finding of not guilty by reason of insanity may petition for discharge. Subsection (g) provides that when a defendant files a petition for discharge, he or she must substantiate the petition with clear and convincing evidence that he or she has no mental illness or is not dangerous. Contrary to what defendant argued, even if he presents a prima facia case to show that he no longer suffers from a mental illness, the due process clause does not require the burden to shift to the State to prove that he should still be committed. Defendant must present clear and convincing evidence that he no longer meets the criteria for involuntary commitment before he can obtain discharge from the custody of DHS.
Illinois Appellate Court
Criminal Court
Not Guilty by Reason of Insanity
Due Process