{"id":2751,"date":"2021-12-07T16:39:45","date_gmt":"2021-12-07T22:39:45","guid":{"rendered":"https:\/\/mitchellhamline.edu\/sex-offense-litigation-policy\/?p=2751"},"modified":"2021-12-07T16:42:14","modified_gmt":"2021-12-07T22:42:14","slug":"in-re-commitment-of-snapp-ill-2021","status":"publish","type":"post","link":"https:\/\/mitchellhamline.edu\/sex-offense-litigation-policy\/2021\/12\/07\/in-re-commitment-of-snapp-ill-2021\/","title":{"rendered":"In re Commitment of Snapp (Ill. 2021)"},"content":{"rendered":"
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In re Commitment of Snapp, No. 126176 (Ill. 2021)<\/h2>\n

Nature of Case: <\/strong><\/strong>Respondent is an individual committed to the Department of Corrections under the Sexually Dangerous Persons Act (725 ILCS 205\/0.01 et seq.). In 2010, respondent filed an application for recovery seeking release from his civil commitment. Based on testimonial evidence, the circuit court denied respondent’s application for recovery, finding that he was “still a sexually dangerous person and in need of confinement.”<\/p>\n

On appeal, respondent argued that the circuit court erred in failing to make an explicit finding that he was substantially probable to re-offend if not confined as required by People v. Masterson<\/em>, 207 Ill. 2d 305 (2003).<\/p>\n

The appellate court agreed with respondent, vacated the circuit court’s judgment, and remanded for a new hearing on respondent’s recovery application. Justice Schmidt, however, dissented, noting that the legislature amended the Act in 2013 to include the requirement of a substantial probability to re-offend within the statutory definition of a sexually dangerous person. The state petitioned for leave to appeal.<\/p>\n

Holding: <\/strong>The Supreme Court of Illinois reversed the judgment of the appellate court concluding that under the amended Act, it is unnecessary for a circuit court to make a separate express finding that the respondent is substantially probable to re-offend after finding the respondent is a sexually dangerous person.<\/p>\n<\/div>\n

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Case Documents<\/em><\/h2>\n