People v. Johnson

(Court opinion corrected 8/3/17.) Defendant was convicted of criminal sexual assault. On appeal, Defendant argued, in part, that Court committed plain error by requiring him to submit to a sex-offender evaluation. Section 5-3-2(b-5) of the Unified Code of Corrections provides that defendants should not be subject to a sex offender evaluation in cases in which the offender is being considered for a mandatory prison sentence. Criminal sexual assault convictions include a mandatory prison sentence, and thus Defendant should not have been required to submit to a sex-offender evaluation. Nevertheless, the sex-offender evaluation did not influence Defendant’s sentence, and thus Defendant could not meet all the elements required for plain error review. (SPENCE, concurring; HUTCHINSON, concurring in part and dissenting in part.)