In re: Benny M.

This case presents question as to whether trial court abused its discretion in denying respondent’s request to remove his shackles during second day of hearing on petition to involuntarily administer psychotropic drugs under circumstances where respondent had been diagnosed as suffering for schizoaffective disorder, and where respondent had previously been found (and remained at time of hearing) unfit to stand trial on felony charges of domestic battery. Appellate Court, in reversing trial court’s grant of petition to administer psychotropic drugs, found that standard under Bosse, 66 Ill.2d 261 applied to instant civil proceeding, that presumption against shackling applied in civil proceedings, and that trial court erred in failing to state on record reasons for keeping respondent in shackles and in merely deferring to assessment of security officer when deciding to keep shackles on defendant.