In re Detention of Ehrlich

Illinois Appellate Court
Criminal Court
Sexually Violent Persons Commitment Act
Citation
Case Number: 
2012 IL App (1st) 102300
Decision Date: 
Tuesday, May 29, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
HARRIS
State filed petition per Sexually Violent Persons Commitment Act, alleging that Respondent had been convicted of four sexually violent offenses, and diagnosed with two mental disorders which made it substantially probable that he would engage in future acts of sexual violence. After bench trial, court found Respondent a sexually violent person. Court properly denied Respondent's Section 2-619 motion to dismiss as Respondent failed to prove existence of plea agreement where State agreed not to seek Respondent's future civil commitment, and failed to prove collateral estoppel. Given expert's testimony that Respondent was not making progress in treatment and was not taking responsibility for his offenses, court was within its discretion in committing Respondent to secure facility for treatment. (CUNNINGHAM and CONNORS, concurring.)