In re the Commitment of Hernandez

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State: Illinois

Docket No: 108824 Rel

Case Date: 11/18/2010

Preview:Docket No. 108824.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

In re COMMITMENT OF BENJAMIN HERNANDEZ (The People of the State of Illinois, Appellant, v. Benjamin Hernandez, Appellee). Opinion filed November 18, 2010.

JUSTICE THOMAS delivered the judgment of the court, with opinion. Chief Justice Kilbride and Justices Freeman, Garman, Karmeier, and Theis concurred in the judgment and opinion. Justice Burke took no part in the decision.

OPINION At issue is whether the appellate court had jurisdiction over the State's appeal in a sexually violent persons case when the State filed its notice of appeal after the circuit court of Boone County approved respondent for conditional release but before the court approved a conditional release plan. This appeal was rendered moot when respondent violated the terms of his conditional release plan and was returned to the custody of the Department of Human Services (DHS). The appeal before the appellate court was also moot, as respondent had been returned to custody before that court filed its opinion. Finding no exceptions to the mootness doctrine present, we vacate the

appellate court's judgment and dismiss the appeal. BACKGROUND Respondent was adjudicated a sexually violent person in 2004. Following a dispositional hearing in 2005, the court ordered ResCare, an outpatient facility, to prepare a conditional release plan that met the minimum requirements of DHS. In April 2007, the State informed the court that it had not received a conditional release plan. Defense counsel agreed that if the court's intention was to place respondent on conditional release, then the Sexually Violent Persons Commitment Act (the Act) (725 ILCS 207/1 et seq. (West 2008)) required DHS to provide the court with a conditional release plan. The case was continued. On July 3, 2007, the court stated: "I am convinced at this time that I would take the step of ordering conditional release, and I believe the statute requires that the department provide a conditional release plan." On that same date, the court entered a written order that stated: "Respondent is to be placed on conditional release as disposition." The order further provided that a conditional release plan be presented to the court on September 21, 2007. The State moved to reconsider the order, and the motion was denied on July 20, 2007. The State then filed a notice of appeal on August 20, 2007. On September 21, 2007, the court approved DHS's 13-page conditional release plan. The docket sheet for September 21, 2007, reads: "The DHS plan is accepted by the Court and [respondent] is advised of the plan. [Respondent] agrees to the plan and is to be released." The court also entered a written order stating: "Conditional release plan is approved and accepted by the court." The State did not file a new notice of appeal. The appellate court ordered the parties to submit additional briefing addressing the appellate court's jurisdiction. The State filed a supplemental brief, but respondent declined to do so. The appellate court considered and rejected the State's arguments and dismissed the appeal for lack of jurisdiction. 392 Ill. App. 3d 527. The appellate court relied on the familiar rule that a final judgment is one that " ` "fixes absolutely and finally the rights of the parties in the lawsuit" ' " and " ` "determines the litigation on the merits so that, -2-

if affirmed, the only thing remaining is to proceed with the execution of the judgment." ' " 392 Ill. App. 3d at 530, quoting In re M.M., 337 Ill. App. 3d 764, 771 (2003), quoting In re Adoption of Ginnell, 316 Ill. App. 3d 789, 793 (2000). The court explained that an order may be final for purposes of review when any matters left for future determination are merely incidental to the ultimate rights adjudicated; however, an order is not final where jurisdiction is retained for matters of substantial controversy. 392 Ill. App. 3d at 530. Applying these rules, the appellate court concluded that the July 3 order could not have been final because it did not fully and finally dispose of the rights of the parties. Rather, it left substantial matters

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