In re Commitment of Hatter

CourtAppellate Court of Illinois
DecidedNovember 12, 2025
Docket1-12-41037
StatusUnpublished

This text of In re Commitment of Hatter (In re Commitment of Hatter) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Commitment of Hatter, (Ill. Ct. App. 2025).

Opinion

2025 IL App (1st) 1241037-U SECOND DIVISION November 12, 2025 No. 1-24-1037

NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). ______________________________________________________________________________

IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT ______________________________________________________________________________ In re COMMITMENT OF Zachary Hatter ) Appeal from the Circuit Court ) of Cook County. (The People of the State of Illinois, ) ) Petitioner-Appellee, ) ) No. 10 CR 80010 v. ) ) Zachary Hatter, ) Honorable ) Laura Ayala-Gonzalez, Respondent-Appellant.) ) Judge Presiding.

PRESIDING JUSTICE VAN TINE delivered the judgment of the court. Justices Ellis and D.B. Walker concurred in the judgment.

ORDER

¶1 Held: We affirm respondent’s civil commitment as a sexually violent person where the evidence at trial supported the judgment. Additionally, the court did not err in declining to identify treatment goals for respondent.

¶2 In 1991, the circuit court found Zachary Hatter guilty of aggravated criminal sexual abuse

and aggravated unlawful restraint and sentenced him to four years’ imprisonment on each count, 1-24-1037

to run concurrently. In 2009, he pled guilty to one count of aggravated criminal sexual abuse and

one count of failure to register (as a sex offender) and was sentenced to five years and three years

in prison, respectively, to run concurrently. In 2010, a week before Hatter’s scheduled release from

prison, the State petitioned the court to civilly commit Hatter under the Sexually Violent Persons

Commitment Act (SVP Act) (725 ILCS 207/1 et seq. (West 2010)), citing aggravated criminal

sexual abuse (720 ILCS 5/11-11.60 (West 2004) and attempted aggravated criminal sexual assault

(720 ILCS 5/11-1.30 (West 1990)) as qualifying offenses. 1 On June 5, 2012, the court held a

probable cause hearing and determined there was probable cause to believe that Hatter is an SVP.

Hatter was then detained and evaluated at the Department of Human Services (DHS). Following a

bench trial in March and April of 2022, the court found Hatter to be an SVP under the SVP Act.

At the dispositional hearing, the court ordered him to be committed to secure treatment with DHS

and did not identify treatment goals for him. Hatter appeals. For the following reasons, we affirm.

¶3 I. BACKGROUND

¶4 A. SVP Bench Trial

¶5 The central issue at trial was whether Hatter is an SVP; in other words, did Hatter have a

mental disorder that makes it substantially probable that he would engage in sexually violent

behavior if he were released? The State called two witnesses: Dr. Vasiliki Tsoflias and Dr. Steven

Gaskell. Hatter did not call an expert witness, but he did testify for himself.

¶6 1. Dr. Vasiliki Tsoflias

1 The State’s citation to “attempted aggravated criminal sexual assault” in its 2010 petition appears to be a typographical error, as this charge was dismissed in Hatter’s 1990 case. However, Hatter was convicted of aggravated criminal sexual abuse in the 1990 case, so we presume the State intended to cite this offense.

2 1-24-1037

¶7 The parties stipulated that Dr. Tsoflias is an expert in clinical and forensic psychology,

specifically in sex offender evaluations. Dr. Tsoflias testified consistently with her written report

that she prepared on May 5, 2010, which was also admitted as evidence at trial. Because of Hatter’s

delusional thoughts and manic symptoms, Dr. Tsoflias was unable to obtain Hatter’s consent prior

to interviewing him. Hatter also refused to participate in the interview. Thus, Dr. Tsoflias relied

on a variety of written records and materials to prepare her report. These materials included

Hatter’s master file, which contained disciplinary records from the Illinois Department of

Corrections (IDOC), Illinois State Police records, Chicago Police Department criminal history

reports, FBI criminal history reports, and parole violation reports. She also reviewed Hatter’s

IDOC medical file, which contained numerous mental health diagnostic and treatment notes, a

May 13, 2009, evaluation, and medication administration record, among others.

¶8 Dr. Tsoflias’s written report begins with a discussion of Hatter’s history of sexual offenses.

As to Hatter’s 2005 case, Dr. Tsoflias recited the statement of facts:

“On March 4, 2005, at 121 N LaSalle (City Hall), Chicago IL; the defendant,

Zachary Hatter, followed victim into an elevator and began masturbating while they were

the only two people on the elevator. The defendant touched the victim’s buttocks while he

was masturbating and victim was afraid because they were in an enclosed area. The

defendant also had not registered after his release from the Illinois Department of

Corrections- Tinley Park Hospital. Defendant has been unfit several times, but is currently

fit with medicine.”

The report notes that this statement includes all available details of the offense, as “police reports

available for this offense do not include additional information” and “due to the fact Mr. Hatter

was unable to participate in the interview, his version of the offense is not available.” In any event,

3 1-24-1037

Hatter pled guilty to one count of aggravated criminal sexual abuse and one count of violation of

sex offender registration.

¶9 As to Hatter’s 1990 case, Dr. Tsoflias wrote:

“On August 2, 1990 at 2120 W. Washington St in Chicago, victim EC was a

caseworker for Kaleidoscope. The defendant was living at the Val Mar Hotel as part of the

program through Kaleidoscope. On August 2,1990, EC notified the defendant that she was

going to stop at his apartment to fulfill his home check requirement. When Ms. Cox arrived,

the defendant allowed her to enter his residence. He then dead bolted the door and, while

armed with a ten inch butcher knife, demanded that the victim remove her clothing. The

victim remained calm as the defendant continued to demand that she remove her clothing.

The defendant placed his hand on her breast. The defendant stated that he wanted to have

oral sex with the victim. The victim escaped from the defendant’s apartment.”

The report notes police reports for this offense were not available, and, again, Hatter’s version of

the story was unavailable due to his unwillingness to participate in the interview.

¶ 10 Dr. Tsoflias noted that since October 21, 2000, while in IDOC custody, Hatter received 63

disciplinary tickets, 19 of which were for sexual misconduct, including masturbating in front of

female staff and exposing his erect penis to staff. She also noted that the records did not indicate

that Hatter had been offered or attended sex offender treatment.

¶ 11 Based on a review of Hatter’s criminal record, IDOC master files, treatment summaries,

and manic behavior while Dr. Tsoflias attempted to obtain consent for an interview, Dr. Tsoflias

diagnosed Hatter with bipolar disorder with psychotic features. She also diagnosed Hatter with

exhibitionistic disorder.

4 1-24-1037

¶ 12 In the remainder of her report, Dr. Tsoflias assessed the risk that Hatter posed if he were

released into society. Dr. Tsoflias first noted that social scientific studies have shown that the most

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Related

In Re Detention of Hardin
907 N.E.2d 914 (Appellate Court of Illinois, 2009)
In Re Detention of Hayes
747 N.E.2d 444 (Appellate Court of Illinois, 2001)
In re The Detention of White
2016 IL App (1st) 151187 (Appellate Court of Illinois, 2016)
In re Commitment of Gavin
2019 IL App (1st) 180881 (Appellate Court of Illinois, 2019)

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In re Commitment of Hatter, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-commitment-of-hatter-illappct-2025.