In re Detention of Hayes

Appellate court previously affirmed Respondent's commitment to custody of Illinois DHS for institutional care in a secure facility, after jury, in 2011, determined him to be a sexually violent person under Sexually Violent Persons Commitment Act. Respondent was committed based on his diagnosis, per DSM-IV-TR, of paraphilia not otherwise specified, attracted to nonconsenting adolescents and adults, which appellate court previously found was generally accepted as a valid diagnosis. Although a 5th edition of DSM was published since then, in 2013, Respondent's underlying condition and diagnosis remained unchanged under DSM-5 criteria. (PUCINSKI and LAVIN, concurring.)