In re Commitment of Tittelbach

Illinois Appellate Court
Civil Court
Sexually Violent Persons Commitment Act
Citation
Case Number: 
2018 IL App (2d) 170304
Decision Date: 
Wednesday, November 14, 2018
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Affirmed.
Justice: 
SCHOSTOK

Court properly granted State's motion under Section 67(b)(1) of Sexually Violent Persons (SVP) Commitment Act and holding that there was no probable cause for an evidentiary hearing on whether he was no longer a sexually violent person. As Respondent did not petition for conditional release, hearing was limited to evidence of whether, since previous reexamination, his condition had so changed that he was no longer a SVP. There was not sufficient evidence that, since the time of a 2015 report, his condition had so changed as to negate the substantial probability that he would engage in acts of sexual violence, and he refused to engage in sex-offender-specific treatment. (HUDSON and SPENCE, concurring.)