Civil Commitment

Chicago Sexually Violent Person Commitment

If you or a loved one is facing involuntary commitment as a Sexually Violent Person (SVP) in Chicago, you need legal representation immediately. The State has extensive resources to argue for indefinite commitment, and without a strong legal defense, your freedom is at risk. Call our experienced Chicago criminal defense attorneys at 312-706-6150 for a consultation.

We are ready to defend your rights and provide the representation you need to fight against involuntary commitment.

Understanding Sexually Violent Person Commitment in Chicago

If the State believes that a convicted sex offender remains a danger to society, they can petition for indefinite commitment under the Sexually Violent Person Act (725 ILCS 207 et. seq.). This petition must be filed within 90 days of the offender’s scheduled release. To succeed, the State must prove one or more of the following:

1

The individual has been either (a) convicted for a sexually violent offense, (b) found delinquent for a sexually violent offense, or (c) found not guilty by reason of insanity for a sexually violent offense. Sexually violent offenses include but are not limited to: predatory criminal sexual assault, aggravated criminal sexual assault, criminal sexual assault, child pornography, rape, indecent liberties with a child, deviate sexual assault, first degree murder if sexually motivated

2

The individual has a mental disorder, defined as "a congenital or acquired condition affecting the emotional or volitional capacity that predisposes a person to engage in acts of sexual violence.

3

The individual is dangerous because a mental disorder "makes it substantially probable that the person will engage in acts of sexual violence.

Before trial, State-appointed psychologists will evaluate the person, and the individual also has the right to an independent evaluation at the State's expense. Even though this is a civil proceeding, it grants many of the same rights as a criminal trial. Each person has the the right to be present, the right to an attorney, the right to remain silent, the right to present witnesses and evidence, the right to cross examine the State's witnesses, and the right to have each hearing recorded by a court reporter. A crucial aspect to the defense of an SVP Act case is that the State cannot meet its burden of proof beyond a reasonable doubt by relying upon prior offenses.

At trial, the State must meet its burden of proving each of the three elements beyond a reasonable doubt.

Why Choose Us

We Are Ready to Fight for Your Freedom

Facing Sexually Violent Person commitment is a serious matter. Our Chicago criminal defense attorneys will fight aggressively to challenge the State’s evidence and protect your rights.

If you or a loved one is facing SVP commitment, don’t wait. Call 312-706-6150 today to schedule a free consultation.

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