Supreme Court of Illinois

In a matter concerning an annual reexamination of the status of an offender subjected to further incarceration under the Sexually Violent Persons Commitment Act, an appeal of decision to not release defendant is affirmed over claims of denial of due process rights where: 1) the offender did not petition for discharge, as he had a right to do, nor did he waive his right to do so and thus the statute is properly interpreted not to give the offender an absolute right to the appointment of an independent evaluator; and 2) the statutory provision excluding the offender personally from a hearing held at this particular stage does not deny due process.

Appellate Information

• Decided 09/23/2004
• Published 09/23/2004

Judges

Court

• Supreme Court of Illinois

Counsel