People v. Lang

545 N.E.2d 327, 189 Ill. App. 3d 384, 136 Ill. Dec. 803, 1989 Ill. App. LEXIS 1458
CourtAppellate Court of Illinois
DecidedSeptember 26, 1989
Docket1—86—0702, 1—86—2532, 1—87—1555 cons.
StatusPublished
Cited by6 cases

This text of 545 N.E.2d 327 (People v. Lang) 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
People v. Lang, 545 N.E.2d 327, 189 Ill. App. 3d 384, 136 Ill. Dec. 803, 1989 Ill. App. LEXIS 1458 (Ill. Ct. App. 1989).

Opinion

PRESIDING JUSTICE BILANDIC

delivered the opinion of the court:

This consolidated appeal involves the tenth (No. 86 — 0702), eleventh (No. 86 — 2532), and twelfth (No. 87 — 1555) consecutive civil commitment hearings on respondent, Donald Lang, pursuant to the Mental Health and Developmental Disabilities Code (hereinafter the Code) (Ill. Rev. Stat. 1985, ch. 9U/2, par. 1 — 100, et seq.). The commitment orders from the three hearings involved in this appeal have expired and are no longer in effect.

While this appeal was pending, four additional civil commitment hearings, the thirteenth, fourteenth, fifteenth and sixteenth consecutive hearings, were held in accordance with the periodic review provision of the Code. (Ill. Rev. Stat. 1985, ch. 91V2, par. 3 — 813.) In each instance, the circuit court entered an order determining that the respondent was subject to involuntary admission under section 1 — 119 of the Code. These orders are not involved in this appeal.

The commitment orders in hearings three through nine were affirmed by the Illinois Supreme Court. People v. Lang (1986), 113 Ill. 2d 407, 498 N.E.2d 1105.

In order to place this appeal in proper perspective, we will summarize the history of the prior litigation which causes this matter to regularly appear on the court calendar.

In 1965, respondent was indicted for the murder of a woman in Chicago, Illinois. Defendant who was and is an illiterate deaf mute unable to cooperate with counsel, was found incompetent to stand trial. A trial was never held for this murder because of respondent’s condition and also because the State’s main witness died.

In 1971, respondent was arrested and charged with the murder of a second woman under circumstances similar to the first murder. He was tried and convicted on evidence which was largely uncontested. This court reversed the conviction based on the fact that respondent was unable to communicate with counsel. (People v. Lang (1975), 26 Ill. App. 3d 648, 325 N.E.2d 305, cert, denied (1976), 423 U.S. 1079, 47 L. Ed. 2d 90, 96 S. Ct. 866.) In March 1976, respondent was found unfit to stand trial for this second murder.

In December 1976, the trial court found that respondent was not a person in need of mental treatment and set bail for him. However, respondent was never released but spent the next several years either in the Cook County jail or in the Illinois State Psychiatric Institute. In 1979, our supreme court reversed the trial court’s finding and ruled that there was sufficient evidence to support an involuntary admission to the Department of Mental Health and Developmental Disabilities.

In March 1981, the trial court again found respondent unfit to stand trial and also found that he was unlikely to become fit within a year. As required by statute, the trial court dismissed the murder charge with leave to reinstate. The circuit court then obtained jurisdiction to conduct the first civil commitment hearing at which respondent was found to be subject to involuntary commitment.

Meanwhile, in 1986, the Illinois Supreme Court ruled that, even though the murder charges had been dismissed and never reinstated, respondent was entitled to another fitness hearing and also to a discharge hearing if he was again found to be unfit. (People v. Lang (1986), 113 Ill. 2d 407, 498 N.E.2d 1105.) A discharge hearing is like a criminal trial in that an unfit defendant may be acquitted outright or acquitted on grounds of insanity of a criminal charge, but is unlike a criminal trial in that a conviction may not be entered. (Ill. Rev. Stat. 1985, ch. 38, par. 104 — 25.) At a discharge hearing, the State has the burden to prove the defendant guilty of the offense beyond a reasonable doubt. Ill. Rev. Stat. 1985, ch. 38, par. 104 — 25(b).

On March 31, 1987, the trial court found respondent unfit to stand trial. On May 7, 1987, the court found that the State had proved respondent guilty beyond a reasonable doubt of the second murder and thus ruled against respondent at the discharge hearing. On June 4, 1987, the court ruled that under section 104 — 28(a) of the Code of Criminal Procedure of 1963, respondent was no longer subject to criminal court jurisdiction, and further ruled that respondent could be committed to the Department of Mental Health only in a civil court. (Ill. Rev. Stat. 1985, ch. 38, par. 104 — 28(a).) The order dismissing the murder charges with leave to reinstate remains in effect.

Since that time, respondent has had 16 civil commitment hearings. At each hearing, the trial court has found that respondent is a person subject to involuntary admission.

The duration of an order of involuntary admission cannot exceed 180 days. (Ill. Rev. Stat. 1985, ch. 91V2, par. 3 — 813.) The ninth consecutive commitment order is alleged to have expired prior to the filing of the tenth consecutive petition for involuntary commitment. Therefore, respondent contends that the tenth consecutive hearing on civil commitment (No. 86 — 702) was improper for lack of jurisdiction. Citing In re Plank (1988), 169 Ill. App. 3d 411, 523 N.E.2d 614, respondent argues that failure to comply with this statutory provision renders the judgment ineffective and requires his release.

Respondent further contends that: “It follows logically, as well, that the eleventh and twelfth consecutive hearings are nullities.”

It is undisputed that an initial order for hospitalization shall not exceed .60 days and that “[additional 180 day periods of treatment may be sought *** so long as the patient continues to be subject to involuntary admission.” (Ill. Rev. Stat. 1985, ch. 91V2, par. 3 — 813(b).) Our supreme court has affirmed all orders of involuntary admission in this case from the initial petition through the ninth consecutive involuntary admission order.

I

The question presented is whether the filing of the tenth consecutive petition one day late (on the 181st day after the ninth order) renders the tenth, eleventh and twelfth orders void and requires respondent’s release.

Respondent concedes that the untimely filing of the tenth petition does not permanently deprive the trial court of jurisdiction. In his reply brief, respondent “agrees that a new petition and certificates could have been filed at any time later *** which with sufficient evidence, might have led to the commitment of Mr. Lang for a maximum of 60 days pursuant to section 3 — 813(a).”

“The goals of civil commitment laws (involuntary admission) are to provide care and treatment to mentally ill persons who are unable to care for themselves, and to protect society from the dangerous mentally ill.” (People v. Lang (1986), 113 Ill.

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Cite This Page — Counsel Stack

Bluebook (online)
545 N.E.2d 327, 189 Ill. App. 3d 384, 136 Ill. Dec. 803, 1989 Ill. App. LEXIS 1458, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lang-illappct-1989.