In Re Detention of Hardin

932 N.E.2d 1016, 238 Ill. 2d 33, 342 Ill. Dec. 555, 2010 Ill. LEXIS 965
CourtIllinois Supreme Court
DecidedJune 24, 2010
Docket108615
StatusPublished
Cited by107 cases

This text of 932 N.E.2d 1016 (In Re Detention of Hardin) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Detention of Hardin, 932 N.E.2d 1016, 238 Ill. 2d 33, 342 Ill. Dec. 555, 2010 Ill. LEXIS 965 (Ill. 2010).

Opinion

JUSTICE KILBRIDE

delivered the judgment of the court, with opinion.

Chief Justice Fitzgerald and Justices Freeman, Thomas, Garman, Karmeier, and Burke concurred in the judgment and opinion.

OPINION

The circuit court of Du Page County found no probable cause supporting the civil commitment of respondent, Tommy O. Hardin, under the Sexually Violent Persons Commitment Act (725 ILCS 207/1 et seq. (West 2006)). The State appealed, and the appellate court reversed the trial court’s finding. See 391 Ill. App. 3d 211.

In his appeal before this court, respondent raises two issues of first impression: (1) the jurisdiction of the appellate court after entry of a no-probable-cause finding in a sexually violent person (SVP) commitment proceeding; and (2) the quantum of evidence necessary to support the State’s SVP commitment petition at a probable cause hearing. He also challenges the sufficiency of the evidence presented at the probable cause hearing.

We affirm the appellate court judgment. We hold that the appellate court has jurisdiction to hear appeals from findings of no probable cause in SVP commitment proceedings and announce the adoption of the proper evidentiary standard in those hearings. We also conclude that the evidence offered by the State in this case was sufficient to satisfy our newly adopted standard.

I. BACKGROUND

In 2000, respondent was convicted of five counts of aggravated criminal sexual abuse of a 15-year-old runaway girl committed in 1997 (720 ILCS 5/12 — 16(d) (West 1996)) and was sentenced to concurrent 22-year prison terms. That offense was committed while respondent was on mandatory supervised release (MSR) following his 1992 conviction for aggravated criminal sexual abuse of a victim between the ages of 13 and 16. His 1992 conviction, in turn, was based on acts committed while he was on probation for a 1991 conviction for aggravated criminal sexual abuse of a victim between the ages of 13 and 16.

On November 19, 2007, one day before respondent’s latest scheduled MSR period, the State timely filed a petition in the circuit court of Du Page County seeking his civil commitment under the Sexually Violent Persons Commitment Act (725 ILCS 207/1 et seq. (West 2006)).

The petition was supported by a report written by Dr. Ray Quackenbush, a licensed clinical psychologist and SVP evaluator for the Department of Corrections (DOC) and the Department of Human Services with extensive experience and credentials in SVP evaluations. The trial court qualified him as an expert witness without objection by respondent. The report was based on a two-hour interview with respondent, the results of three psychological tests administered by Dr. Quackenbush, as well as respondent’s DOC sex offender prerelease evaluation, his presentence report, his DOC “master file” and medical file, and other Illinois records. In Dr. Quackenbush’s expert opinion, respondent suffered from both “paraphilia, not otherwise specified, non-consenting persons” and “personality disorder, not otherwise specified, with antisocial features” and presented a substantial risk of committing future sexually violent offenses. Dr. Quackenbush’s report determined that respondent met the criteria for civil commitment as a SVE A probable cause hearing was scheduled for January 2, 2008.

Dr. Quackenbush was the only witness at the probable cause hearing. He testified about the methodology and information underlying his opinion that respondent met the statutory criteria for civil commitment. Dr. Quackenbush stated that his opinions were based on materials customarily relied on by SVE evaluators, including his interview with respondent, respondent’s available records, and the results of the psychological tests. He concluded that respondent suffered from the mental disorders of: (1) paraphilia, not otherwise specified, nonconsenting persons, and (2) personality disorder, not otherwise specified, with antisocial features. Untreated, these disorders made respondent likely to re-offend, a conclusion also supported by respondent’s test results and his repeated rejection of offers for sex offender treatment while in prison.

After hearing the testimony and the parties’ oral arguments, the trial court found no probable cause to believe respondent was a SVP who was likely to re-offend. Initially, the court agreed with respondent that his current convictions alone could not be used to meet the statutory criteria. It also concluded that “there has not been any testimony of any behavior on the part of [respondent] which would give probable cause to believe that he suffers from any kind of a disorder, a personality disorder. The lack of any evidence and testimony of any disciplinary matters or anything else that would indicate an antisocial personality really belies my ability to make a finding that he suffers from this classified disorder.” Lastly, the court stated that the State had not presented any evidence that respondent continued to have an unusual interest in teenage girls, “so that there really is no other basis for this petition, other than the conviction for which he has served his term in the [DOC].”

Consequently, the court ordered respondent to be released and placed on MSR. The cause did not proceed to a full trial on the merits of the State’s civil commitment petition. The State appealed the trial court’s finding of no probable cause and unsuccessfully attempted to stay execution of the order pending appeal.

Respondent filed a motion to dismiss the appeal, claiming the appellate court lacked jurisdiction because: (1) the Act does not authorize an appeal by the State from a finding of no probable cause in a SVP proceeding; and (2) even if the State generally has a right to appeal a finding of no probable cause, it cannot appeal the order in this case because the order was not a final judgment. The appellate court denied the motion to dismiss and later reversed the finding of no probable cause and remanded to the trial court for further proceedings. 391 111. App. 3d 211. Respondent filed a motion to reconsider, arguing the court failed to address his jurisdictional arguments. The appellate court denied the motion, explaining it had previously rejected those arguments for the reasons stated in the State’s response to the motion to dismiss the appeal. This court allowed respondent’s petition for leave to appeal. 210 Ill. 2d R 315.

II. ANALYSIS

Before this court, respondent raises two issues: (1) whether the appellate court erred in holding it had jurisdiction over the State’s appeal, and (2) whether the appellate court gave sufficient deference to the trial court’s credibility and probable cause determinations in reversing the finding that no probable cause existed to believe respondent is a SVP who is likely to re-offend. We begin with the threshold question of whether a reviewing court has jurisdiction to hear an appeal by the State from a finding of no probable cause that the subject of a civil commitment petition is a SVP under the Act.

A. Jurisdiction

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Bluebook (online)
932 N.E.2d 1016, 238 Ill. 2d 33, 342 Ill. Dec. 555, 2010 Ill. LEXIS 965, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-detention-of-hardin-ill-2010.