{ "id": 894519, "name": "In re DETENTION OF CHARLES DEAN (The People of the State of Illinois, Petitioner-Appellee, v. Charles Dean, Respondent-Appellant)", "name_abbreviation": "People v. Dean", "decision_date": "2003-03-14", "docket_number": "No. 3-01-1034", "first_page": "610", "last_page": "614", "citations": [ { "type": "official", "cite": "337 Ill. App. 3d 610" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "771 N.E.2d 459", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 2, "year": 2002, "pin_cites": [ { "page": "464" } ], "opinion_index": 0 }, { "cite": "329 Ill. App. 3d 367", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 1472376 ], "weight": 2, "year": 2002, "pin_cites": [ { "page": "373" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/329/0367-01" ] }, { "cite": "759 N.E.2d 560", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2001, "opinion_index": 0 }, { "cite": "198 Ill. 2d 78", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 29940 ], "year": 2001, "opinion_index": 0, "case_paths": [ "/ill-2d/198/0078-01" ] }, { "cite": "269 Kan. 578", "category": "reporters:state", "reporter": "Kan.", "case_ids": [ 9103647 ], "weight": 2, "year": 2000, "pin_cites": [ { "parenthetical": "Crane KS" }, { "parenthetical": "Crane KS" } ], "opinion_index": 0, "case_paths": [ "/kan/269/0578-01" ] }, { "cite": "521 U.S. 346", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 916116 ], "weight": 12, "year": 1997, "pin_cites": [ { "page": "352" }, { "page": "509" }, { "page": "2077" }, { "page": "350" }, { "page": "508" }, { "page": "2076" }, { "page": "356" }, { "page": "511" }, { "page": "2079" } ], "opinion_index": 0, "case_paths": [ "/us/521/0346-01" ] }, { "cite": "770 N.E.2d 208", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2002, "opinion_index": 0 }, { "cite": "199 Ill. 2d 401", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 58954 ], "year": 2002, "opinion_index": 0, "case_paths": [ "/ill-2d/199/0401-01" ] }, { "cite": "534 U.S. 407", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 9108278 ], "weight": 6, "year": 2002, "pin_cites": [ { "parenthetical": "Crane US" }, { "parenthetical": "Crane US" }, { "parenthetical": "Crane US" } ], "opinion_index": 0, "case_paths": [ "/us/534/0407-01" ] } ], "analysis": { "cardinality": 407, "char_count": 7985, "ocr_confidence": 0.77, "pagerank": { "raw": 5.8591662004228935e-08, "percentile": 0.36418107773850905 }, "sha256": "bcce166da237b3d25535526e46c46abc27ca5111464b2ba8cdd71658f09ce9a7", "simhash": "1:6bde2cd8e592a281", "word_count": 1334 }, "last_updated": "2023-07-14T14:38:38.563173+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "In re DETENTION OF CHARLES DEAN (The People of the State of Illinois, Petitioner-Appellee, v. Charles Dean, Respondent-Appellant)." ], "opinions": [ { "text": "PRESIDING JUSTICE McDADE\ndelivered the opinion of the court:\nA jury found the respondent, Charles Dean, to be a sexually violent person pursuant to the Sexually Violent Persons Commitment Act (Illinois Act) (725 ILCS 207/1 et seq. (West 2000)). The trial court committed him to the Department of Human Services until he no longer is a sexually violent person. On appeal, the respondent argues that the Illinois Act unconstitutionally denies his due process rights because it does not require the jury to determine that he lacks control over his behavior. We affirm.\nBACKGROUND\nIn 1988, the respondent pled guilty to two counts of aggravated criminal sexual assault of his first wife\u2019s nine-year-old niece. In 1992, he pled guilty to one count of aggravated criminal sexual assault of his second wife\u2019s five-year-old daughter. On February 15, 2001, before he was scheduled to be released from prison for the 1992 offense, the State petitioned the circuit court to commit the respondent as a \u201csexually violent person\u201d under the Illinois Act (725 ILCS 207/40 (West 2000)). The court held a jury trial on the petition. At the conclusion of the trial, the jury found the respondent to be a \u201csexually violent person.\u201d The court then ordered that he be civilly committed under the Illinois Act. The respondent appealed.\nANALYSIS\nThe respondent argues that the Illinois Act violates the United States Supreme Court\u2019s holding in Kansas v. Crane, 534 U.S. 407, 151 L. Ed. 2d 856, 122 S. Ct. 867 (2002) (Crane US). In Crane US, the Court considered a Kansas act that contains language similar to the language in the Illinois Act. The respondent contends that in Crane US, the Court required the jury to find that a person lacked control of his behavior in order to civilly commit the person under the Kansas act. The respondent submits that the Illinois Act violates due process rights by failing to require such a finding. We disagree with the respondent\u2019s reading of Crane US.\nThe constitutionality of a statute is a question of law, which we review de novo. People v. Garcia, 199 Ill. 2d 401, 770 N.E.2d 208 (2002).\nThe Illinois Act states that if the jury finds a person to be a \u201csexually violent person,\u201d the court shall order that the person be civilly committed. 725 ILCS 207/35(1) (West 2000). A \u201csexually violent person\u201d is a person who has been convicted of a sexually violent offense and who is dangerous because he suffers from a \u201cmental disorder\u201d that makes it substantially probable that he will engage in acts of sexual violence. 725 ILCS 207/5(f) (West 2000). A \u201cmental disorder\u201d is a congenital or acquired condition affecting the emotional or volitional capacity that predisposes a person to engage in acts of sexual violence. 725 ILCS 207/5(b) (West 2000).\nA determination of the constitutionality of the Illinois Act requires a discussion of the case law that preceded Crane US. In Kansas v. Hendricks, 521 U.S. 346, 138 L. Ed. 2d 501, 117 S. Ct. 2072 (1997), the Court considered the language in the Kansas act, which is similar to language in the Illinois Act. Under the Kansas act, a person could be civilly committed if the person was found to be a \u201csexually violent predator.\u201d A \u201csexually violent predator\u201d was defined as:\n\u201c \u2018[A]ny person who has been convicted of or charged with a sexually violent offense and who suffers from a mental abnormality or personality disorder which makes the person likely to engage in the predatory acts of sexual violence.\u2019 [Citation.]\nA \u2018mental abnormality\u2019 was defined, in turn, as a \u2018congenital or acquired condition affecting the emotional or volitional capacity which predisposes the person to commit sexually violent offenses in a degree constituting such person a menace to the health and safety of others.\u2019 [Citation.]\u201d Hendricks, 521 U.S. at 352, 138 L. Ed. 2d at 509, 117 S. Ct. at 2077.\nThe issue in Hendricks was whether the Kansas act\u2019s \u201cprecommitment condition of a \u2018mental abnormality\u2019 did not satisfy what the [Kansas Supreme Court] perceived to be the \u2018substantive\u2019 due process requirement that involuntary civil commitment must be predicated on a finding of \u2018mental illness.\u2019 \u201d Hendricks, 521 U.S. at 350, 138 L. Ed. 2d at 508, 117 S. Ct. at 2076. The Supreme Court held that the Kansas act\u2019s \u201cdefinition of \u2018mental abnormality\u2019 satisfies \u2018substantive\u2019 due process requirements.\u201d Hendricks, 521 U.S. at 356, 138 L. Ed. 2d at 511, 117 S. Ct. at 2079. In dicta, the Hendricks Court explained that it previously had upheld statutes that provided for the civil commitment of a person who (1) is unable to control his behavior and (2) poses a danger either to himself or to others.\nIn In re Care & Treatment of Crane, 269 Kan. 578, 7 P.3d 285 (2000) (Crane KS), the Kansas Supreme Court then interpreted Hendricks to mean that a jury must make a \u201clack of control\u201d finding in order to commit the person. The United States Supreme Court granted certiorari to consider Crane KS and clarified the Court\u2019s ruling from Hendricks.\nIn Crane US, the State of Kansas argued that the Kansas Supreme Court\u2019s ruling in Crane KS misinterpreted Hendricks. The State of Kansas contended that the Kansas court read Hendricks to require the State to prove that the person to be committed was completely unable to control his behavior. The Crane US Court agreed that such a reading of Hendricks was too rigid. The Crane US Court, however, also rejected the State of Kansas\u2019s argument that a \u201clack of control\u201d determination was completely unnecessary. The Court reiterated that Hendricks had upheld the Kansas act as constitutional. The Court noted that the Kansas act\u2019s definition of \u201cmental abnormality\u201d met both elements of the Hendricks two-pronged test, i.e., that the person (1) was unable to control his behavior, and (2) posed a danger to himself or others. The Court then vacated the Kansas Supreme Court\u2019s judgment and remanded the matter. Crane US, 534 U.S. 407, 151 L. Ed. 2d 856, 122 S. Ct. 867.\nIn In re Detention of Varner, 198 Ill. 2d 78, 759 N.E.2d 560 (2001), the Illinois Supreme Court rejected the Kansas Supreme Court\u2019s interpretation of Hendricks in Crane KS, but on different grounds than stated by the United States Supreme Court in Crane US. Recently, the United States Supreme Court granted certiorari for the purpose of vacating Varner and remanding the matter to the Illinois Supreme Court in light of Crane US. Varner v. Illinois, No. 01\u20149286 (U.S. October 7, 2002).\nThe Illinois Appellate Court, Fourth District, recently held in People v. Hancock, 329 Ill. App. 3d 367, 771 N.E.2d 459 (2002), that Crane US does not require a separate jury determination that a respondent lacks volitional control in order to commit the respondent under the Illinois Act. The Hancock court noted that the pertinent sections of the Illinois Act were \u201cvery similar\u201d to the corresponding sections of the Kansas act that were upheld in Hendricks. Hancock, 329 Ill. App. 3d at 373, 771 N.E.2d at 464. We agree with the Hancock court that if the Kansas act\u2019s definition of a \u201cmental abnormality\u201d passes the two-part test announced in Hendricks and affirmed in Crane US, the Illinois Act\u2019s definition of a \u201cmental disorder\u201d also passes that test. Therefore, we rule as a matter of law that the Illinois Act does not violate due process rights by failing to require a separate jury determination that the respondent lacked control over his behavior.\nCONCLUSION\nFor the foregoing reasons, we affirm the judgment of the Warren County circuit court.\nAffirmed.\nLYTTON and HOLDMDGE, JJ., concur.", "type": "majority", "author": "PRESIDING JUSTICE McDADE" } ], "attorneys": [ "Richard Whitman, of Stansell, Whitman & Baber, of Monmouth, for appellant.", "James E. Ryan, Attorney General, of Chicago (Joel D. Bertocchi, Solicitor General, and William L. Browers and Anne S. Bagby, Assistant Attorneys General, of counsel), for the People." ], "corrections": "", "head_matter": "In re DETENTION OF CHARLES DEAN (The People of the State of Illinois, Petitioner-Appellee, v. Charles Dean, Respondent-Appellant).\nThird District\nNo. 3\u201401\u20141034\nOpinion filed March 14, 2003.\nRichard Whitman, of Stansell, Whitman & Baber, of Monmouth, for appellant.\nJames E. Ryan, Attorney General, of Chicago (Joel D. Bertocchi, Solicitor General, and William L. Browers and Anne S. Bagby, Assistant Attorneys General, of counsel), for the People." }, "file_name": "0610-01", "first_page_order": 628, "last_page_order": 632 }