In re Commitment of Williams

Illinois Appellate Court
Civil Court
Sexually Violent Persons
Citation
Case Number: 
2020 IL App (3d) 180588
Decision Date: 
Friday, April 17, 2020
District: 
3d Dist.
Division/County: 
Tazewell Co.
Holding: 
Affirmed.
Justice: 
SCHMIDT

Jury found Respondent to be a sexually violent person. Court did not abuse its discretion in determining that it did not lack sufficient information to assist in framing the commitment order, and thus did not err in holding the dispositional hearing immediately after trial. Plain language of 725 ILCS 207(40(b)(1) establishes that trial court is permitted to hold a dispositional hearing immediately after trial; but that court, if it believes it lacks sufficient information to make a determination, may adjourn hearing and order Department of Human Services to conduct a predispositional investigation or supplementary mental examination.  Section 40(b)(1) does not dictate that Respondent is entitled to a court-appointed expert witness.(LYTTON, concurring; McDADE, dissenting.)