Publications

In re Detention of Stanbridge

Illinois Supreme Court
Criminal Court
Sexually Violent Persons Commitment Act
Citation
Case Number: 
2012 IL 112337
Decision Date: 
Thursday, November 29, 2012
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Appellate court reversed; circuit court affirmed (2012 IL 112337); affirmed (2012 IL 112802).
Justice: 
THEIS
The quantum and scope of evidence needed to establish probable cause in a postcommitment discharge or conditional release proceeding pursuant to the Sexually Violent Persons Commitment Ac is that the trial court should not attempt to determine definitively whether each element of the movant's claim can withstand close scrutiny as long as some "plausible" evidence, or reasonable inference based on that evidence, supports it. To present a plausible account, the committed individual bears the burden to present sufficient evidence that demonstrates a change in the circumstances that led to the initial commitment. (KILBRIDE, FREEMAN, THOMAS, GARMAN, KARMEIER, and BURKE.)