APPEAL from the Circuit Court of Lee County; the Hon. JAMES E.
BALES, Judge, presiding.
MR. JUSTICE ABRAHAMSON DELIVERED THE OPINION OF THE COURT:
Mr. JUSTICE ABRAHAMSON delivered the supplemental opinion of the court:
On September 29, 1947, the defendant, Charles W. Patch, was adjudged a criminal sexual psychopathic person by the circuit court of Lee County and committed to the Department of Public Safety pursuant to the provisions of the old Illinois Sexual Psychopath Act. On February 21, 1966, Patch was given a conditional release under Section 105-9 of the present Sexually Dangerous Persons Act (Ill. Rev. Stat. 1965, ch. 38, par. 105-9), after a jury had determined that he no longer appeared to be a sexually dangerous person. The order for his release contained the following conditions:
"It is therefore ordered that the petitioner, Charles W. Patch, be and he is permitted to go at large subject, however, to supervision by the Director of the Department of Public Safety of the State of Illinois for a period of five years from the date of this order, upon the following conditions:
1. He shall not associate with any persons who have been convicted of felonies.
2. He shall not associate with any persons whom the Director from time to time instructs him to avoid.
3. He shall regularly attend services at a church of his own choice.
4. He shall be affiliated with and regularly attend meetings of the organization known as Alcoholic Anonymous.
5. He shall be in his place of residence not later than 11:00 P.M. each night and shall remain there until 6:00 A.M. the following morning unless permitted by the Director to leave such place of residence during those hours.
6. He shall not reside or be employed in Lee County, Illinois."
The order provided further that Patch could be confined for an additional period not to exceed 30 days and he was released from confinement on March 11, 1966.
On March 14, 1966, Patch was charged with the offense of deviate sexual assault in Jackson County for an incident that occurred at approximately 12:45 A.M. on March 12 or about 12 hours after his conditional release. Patch was ultimately indicted in Jackson County for the charge, pleaded guilty on January 9, 1967, and was sentenced to the penitentiary for a term of 5 to 10 years. Patch has been incarcerated since that time.
On July 30, 1971, the State's Attorney of Lee County filed a petition for revocation of the order of conditional release and for the recommitment of Patch pursuant to the original adjudication that he was a criminal sexual psychopath. The public defender was appointed to represent Patch and he moved to strike the petition on the grounds that it did not state that the defendant had violated any of the terms of the conditional release.
After a brief hearing on August 10, the trial court denied the motions of the defendant to strike and to dismiss the petition, denied the prayer for revocation of the conditional release contained in the petition but granted the prayer for recommitment. In a memorandum filed by the court, it was indicated that the revocation was denied because the 5-year term of the conditional release had expired. The court held that the conduct of Patch within 24 hours of his release established that he had not recovered, despite the ...