In re Detention of Hardin

State: Illinois

Docket No: 108615 Rel

Case Date: 06/24/2010

Preview:Docket No. 108615.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

In re DETENTION OF TOMMY O. HARDIN (The People of the State of Illinois, Appellee, v. Tommy O. Hardin, Appellant). Opinion filed June 24, 2010.

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

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