In re Detention of Kelley

Illinois Appellate Court
Criminal Court
Sexually Violent Persons Commitment Act
Citation
Case Number: 
2019 IL App (1st) 162184
Decision Date: 
Thursday, January 17, 2019
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div,
Holding: 
Reversed and remanded.
Justice: 
McBRIDE

Respondent was convicted of raping 2 women in 1973, and during year he was paroled was convicted of committing deviate sexual assault. Given expert's 2016 initial report, in which expert opined that Respondent is no longer a sexually violent person, and that his opinion was based on new evidence not previously available, and additional support in his 2017 reexamination report, Respondent is entitled to evidentiary hearing to determine whether he is still a sexually violent person. (REYES and BURKE, concurring.)