APPEAL from the Circuit Court of Cook County; the Hon. FRED G.
SURIA, JR., Judge, presiding.
MR. JUSTICE LORENZ DELIVERED THE OPINION OF THE COURT:
Following a bench trial defendant was found not guilty by reason of insanity (Ill. Rev. Stat. 1977, ch. 38, par. 115-3) of the murders of Joseph Pustelinak and Helena Czyz and the attempted murder of Irene Marciniec. One week later in a hearing pursuant to section 5-2-4(a) of the Unified Code of Corrections (Ill. Rev. Stat. 1977, ch. 38, par. 1005-2-4(a)), he was found in need of mental treatment and placed in the custody of the Department of Mental Health and Developmental Disabilities (hereafter the Department) for treatment on an out-patient basis. On appeal from that order, defendant contends that the State failed to prove by clear and convincing evidence that he was in need of mental treatment; that the trial court improperly considered evidence outside of the record in reaching its finding; and that he was denied due process and equal protection (U.S. Const., amend. XIV, and Ill. Const. 1970, art. I, § 2), when he was committed to the Department without compliance with the procedural requirements of the Illinois Mental Health Code. Ill. Rev. Stat. 1977, ch. 91 1/2, par. 1 et seq.
On April 9, 1974, the grand jury indicted defendant for the murders of Joseph Pustelinek and Helena Czyz and the attempted murder of Irene Marciniec on March 2, 1974. The trial court on June 13, 1974, found him unfit to stand trial, and remanded him to the custody of the Department. Over three years later, on August 26, 1977, he was found fit to stand trial. A bench trial was held on October 31, 1977, and he was acquitted of all charges by reason of insanity. Seven days later, November 7, 1977, a hearing was commenced, pursuant to section 5-2-4(a) of the Unified Code of Corrections (Ill. Rev. Stat. 1977, ch. 38, par. 1005-2-4(a)) to determine if defendant was in need of mental treatment.
Dr. Conrado J. Aramil, a licensed physician and psychiatrist, was called at the request of the trial court. While defendant was in the custody of the Department he was treated and examined by Dr. Aramil. Based on his latest examination of the defendant on November 2, 1977, Dr. Aramil concluded that defendant was "no longer in need of mental treatment in a hospital setting." He explained that defendant would need out-patient treatment in the form of "supportive therapy" during the period of his adjustment to life outside the hospital. In addition, Dr. Aramil stated that defendant should receive medication in the form of five milligrams of narvene. The medication would calm his nervousness and help defendant relax.
On examination by defense counsel, Dr. Aramil stated that defendant was not a danger to himself or to the community. Under examination by the State, Dr. Aramil explained what harm defendant might pose to the community in the future as follows:
"I think it all depends on the stresses he will meet subsequent to his discharge from the hospital. That's why essentially he needs some out-patient guidance, so he will be able to adjust in a more healthy and effective manner, or even avoid the same stresses he encountered before, which I think he is capable of avoiding or resolving if he were to be under some sort of guidance."
After the testimony of Dr. Aramil, the hearing was continued to the next day to allow the State's experts time to perform a current examination of defendant.
Dr. E.J. Kelleher, director of the Psychiatric Institute of the Circuit Court of Cook County, examined defendant on the morning of November 8, 1977. According to Dr. Kelleher, defendant was not in need of mental treatment and was not a danger to himself or others. He stated that defendant did not show "evidence of paranoid psychosis," but did have some distrustful traits. As recent as September 20, 1977, however, Dr. Kelleher had found that defendant possessed sufficient "paranoid symptoms to render him in need of mental treatment."
The final witness, Dr. Frank M. Lorrimer, had examined defendant several times with the most recent examination taking place that morning, November 8, 1977. He stated that at the time of the criminal acts, March 2, 1974, defendant was suffering from a mental illness, schizophrenic paranoid, and was then in need of mental treatment. Based on his latest examination, however, Dr. Lorrimer diagnosed defendant as having a "paranoid personality." A person having a paranoid personality, according to Dr. Lorrimer, is "generally suspicious," "distrustful of his life situation," but "able to distinguish reality from unreality." Paranoid personality is not a mental illness. Therefore, Dr. Lorrimer stated that defendant was not in need of mental treatment and did not represent a danger to himself or others. Dr. Lorrimer added that it would be extremely beneficial for defendant to receive out-patient treatment, but he would not require it. Nor would he prescribe medication for defendant. Finally, when asked whether defendant had recovered from his mental illness, Dr. Lorrimer responded: "In psychiatry, we are rather adverse to that word [recovery] because recovery would imply completely, and there are few mental illnesses that ever recover completely."
After considering the above evidence, the trial court found that defendant was "in need of mental treatment in that he still suffers from a mental illness, to wit: schizophrenia paranoid though presently in a state of remission." Defendant was remanded to the custody of the Department, and the Department, under the trial court's order, was to develop a plan for out-patient treatment of defendant.
The hearing held in this case under section 5-2-4(a) of the Unified Code of Corrections (Ill. Rev. Stat. 1977, ch. 38, par. 1005-2-4(a)) took place on November 7 and 8, 1977. This section was amended effective August 1, 1977. (Pub. Act 80-164, § 1, eff. Aug. 1, 1977.) Since the hearing was conducted subsequent to the effective date of the amendment, this case is controlled by section 5-2-4(a) as amended. People v. Valdez (1980), 79 Ill.2d 74, 402 N.E.2d 187.
"After a finding or verdict of not guilty by reason of insanity under Section 115-3, or 115-4 of The Code of Criminal Procedure of 1963, a hearing shall be held under the Mental Health Code of 1967 to determine whether the defendant is in need of mental treatment. If the defendant is found to be in need of mental treatment the court ...