Court entered judgment of commitment of Respondent as a "sexually violent person" (SVP) under Sexually Violent Persons Commitment Act. Respondent's diagnosis of OSPA (other specified paraphilic disorder), formerly labeled PNOS (paraphilia not otherwise specified), is generally accepted in the psychological and psychiatric communities. Thus, a Frye hearing was not necessary to establish that Respondent's diagnosis was valid and generally accepted in the scientific community. State presented sufficient evidence to prove that Respondent's mental disorder made it substantially probable that he would engage in future acts of sexual violence; both State experts testified that his disorders are congenital or acquired condition and affect his emotional or volitional capacity. (LAVIN and PUCINSKI, concurring.)
Illinois Appellate Court
Criminal Court
Sexually Violent Persons Commitment Act