Illinois Appellate Court
Criminal Court
Sexually Violent Persons Commitment Act
Defendant was civilly committed as a sexually violent person, and committed him to secure facility. Court later conditionally released Respondent, but then revoked release on State's petition, concluding that revocation was required according to danger to "safety of others" as identified in Sexually Violent Persons Commitment Act. Court found that State failed to prove that Respondent committed a conditional release rule violation, but then court erred in identifying rule violations, related to perfidy during polygraph exams, as basis for determining Respondent posed danger to safety of others. Experts presented evidence that Respondent's behavior and mental health had improved based on their evaluations and testing.
(FITZGERALD SMITH and EPSTEIN, concurring.)