People v. Olsson

2011 IL App (2d) 091351, 958 N.E.2d 356, 354 Ill. Dec. 613
Appellate Court of Illinois·Decided September 22, 2011·No. 2-09-1351, 2-09-1352·Published·Cited by 18 cases

Opinion

958 N.E.2d 356 (2011)
354 Ill. Dec. 613

The PEOPLE of the State of Illinois, Plaintiff-Appellee,
v.
Paul OLSSON, Defendant-Appellant.
The People of the State of Illinois, Plaintiff-Appellee,
v.
Paul Olsson, Defendant-Appellant.

Nos. 2-09-1351, 2-09-1352.

Appellate Court of Illinois, Second District.

September 22, 2011.

*357 Thomas A. Lilien, Deputy Defender (Court-appointed), Jack Hildebrand (Court-appointed), Office of the State Appellate Defender, Elgin, for Paul D. Olsson.

Michael J. Waller, Lake County State's Attorney, Lawrence M. Bauer, Deputy Director, Jay Paul Hoffmann, State's Attorneys Appellate Prosecutor, Elgin, for People.

*358 OPINION

Justice ZENOFF delivered the judgment of the court, with opinion.

¶ 1 Defendant, Paul Olsson, appeals from an order of the circuit court of Lake County entered on December 19, 2009, certifying him as a sex offender for purposes of the Sex Offender Registration Act (Act) (730 ILCS 150/1 et seq. (West 2008)) and subjecting him to mandatory lifetime registration. We modify the order to require defendant to register for a period of 10 years.

¶ 2 In case number 05-CF-3046, defendant was charged with two counts of predatory criminal sexual assault of a child (720 ILCS 5/12-14.1(a)(1) (West 2008)) and two counts of aggravated criminal sexual abuse (720 ILCS 5/12-16 (West 2008)). In case number 05-CF-3629, defendant was charged with two counts of aggravated criminal sexual abuse. On October 12, 2007, defendant was found unfit to stand trial on the charges in both cases. When he was not restored to fitness within one year, defendant requested a discharge hearing pursuant to section 104-25 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/104-25 (West 2008)). On December 10, 2009, after hearing the evidence concerning defendant's guilt at defendant's discharge hearing, the trial court made a finding in number 05-CF-3046 of not not guilty on counts I, III, and IV, and a finding of not guilty (acquittal) on count II. In number 05-CF-3629, the trial court granted defendant's motion for a directed finding on count I and found defendant not not guilty on count II. The trial court remanded defendant to the Department of Mental Health and Developmental Disabilities for a two-year period of extended treatment. On December 17, 2009, the State moved to certify defendant as a sex offender under the Act. On December 17, 2009, the trial court entered an order certifying defendant as a sex offender and requiring him to register as such for his natural life. In each case, defendant timely appealed. This court consolidated the appeals.

¶ 3 In this appeal, defendant contends that the trial court erred in subjecting him to registration for his natural life, because, according to defendant, the Act mandates that he register only for a period of 10 years. Because this contention requires us to construe the Act, our review is de novo. People v. Gonzalez, 388 Ill. App.3d 1003, 1005, 329 Ill.Dec. 189, 906 N.E.2d 34 (2009).

¶ 4 Before we address defendant's contention, it is necessary to look at the nature of a section 104-25 discharge hearing. A discharge hearing is not a criminal prosecution. People v. Waid, 221 Ill.2d 464, 470, 303 Ill.Dec. 785, 851 N.E.2d 1210 (2006). A discharge hearing takes place only after a defendant has been found unfit to stand trial, and it is a proceeding to determine only whether to enter a judgment of acquittal, not to make a determination of guilt. Waid, 221 Ill.2d at 470, 303 Ill.Dec. 785, 851 N.E.2d 1210. The question of guilt is deferred until the defendant is fit to stand trial. Waid, 221 Ill.2d at 471, 303 Ill.Dec. 785, 851 N.E.2d 1210. If the evidence presented at a discharge hearing is sufficient to establish the defendant's guilt, no conviction results; instead, the defendant is found "not not guilty." (Emphasis omitted.) Waid, 221 Ill.2d at 478, 303 Ill.Dec. 785, 851 N.E.2d 1210. A defendant who is found not not guilty is subject to a further period of treatment ranging from one to five years, depending on the seriousness of the offense charged. Waid, 221 Ill.2d at 478, 303 Ill.Dec. 785, 851 N.E.2d 1210. If, at the expiration of this period of treatment, the defendant is still unfit to stand trial, *359 the court must determine whether the defendant is subject to involuntary commitment, and, if so, the commitment and treatment period cannot exceed the maximum sentence to which the defendant would have been subject had he been convicted in a criminal proceeding. Waid, 221 Ill.2d at 478, 303 Ill.Dec. 785, 851 N.E.2d 1210.

¶ 5 With this background, we will examine defendant's contention that he should have to register as a sex offender for a period of 10 years rather than natural life. The Act, in tandem with the Sex Offender Community Notification Law (730 ILCS 152/101 et seq. (West 2008)), provides a comprehensive scheme for the registration of sex offenders in Illinois and the dissemination of information about them to the public. People v. Stanley, 369 Ill.App.3d 441, 446-47, 307 Ill.Dec. 689, 860 N.E.2d 343 (2006). The legislative intent was to create an additional measure of protection for children from the increasing incidence of sexual assault and child abuse. People v. Beard, 366 Ill.App.3d 197, 199, 303 Ill.Dec. 243, 851 N.E.2d 141 (2006). The issue in our case is whether the trial court's finding of not not guilty of the offenses of predatory criminal sexual assault of a child and aggravated criminal sexual abuse subjects defendant to registration for natural life as a sexual predator under the Act.

¶ 6 In construing a statute, the court must ascertain and give effect to the legislature's intent in enacting the statute. In re J.W., 204 Ill.2d 50, 62, 272 Ill.Dec. 561, 787 N.E.2d 747 (2003). The statute's language is the most reliable indicator of the legislature's intent, and where the language is clear and unambiguous, the court must give effect to the statute as written without reading into it exceptions, limitations, or conditions that the legislature did not express. J.W., 204 Ill.2d at 62, 272 Ill.Dec. 561, 787 N.E.2d 747. When an act defines its own terms, those terms must be construed according to the definitions given to them in the statute. Beecher Medical Center, Inc. v. Turnock, 207 Ill.App.3d 751, 754, 152 Ill.Dec. 758,

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People v. Olsson, 2011 IL App (2d) 091351, 958 N.E.2d 356, 354 Ill. Dec. 613 (Ill. Ct. App. 2011).

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