In re Commitment of Fields

Illinois Appellate Court
Criminal Court
Sexually Violent Persons Commitment Act
Citation
Case Number: 
2012 IL App (1st) 112191
Decision Date: 
Wednesday, November 14, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed in part and vacated in part; remanded.
Justice: 
STEELE
(Modified upon denial of rehearing 12/28/12.) After jury trial, Respondent was found to be a sexually violent person (SVP), and was ordered committed to a secure facility for institutional care and treatment. Prosecutor's remarks during closing argument, including arguing testimony from experts as substantive evidence in violation of Wilson v. Clark, did not violate orders in limine or improperly shift burden of proof to Respondent. State proved beyond a reasonable doubt that Respondent was a SVP, but court erred by not holding a hearing to allow Respondent opportunity to introduce testimony and evidence as part of dispositional phase. (NEVILLE and STERBA, concurring.)