Appeal from Circuit Court of Champaign County. No. 96CF262. Honorable Harold L. Jensen, Judge Presiding.
As Corrected March 10, 1997.
Honorable Robert J. Steigmann, P.j., Honorable John T. McCullough, J. - Concur, Honorable James A. Knecht, J. - Concur. Presiding Justice Steigmann delivered the opinion of the court.
The opinion of the court was delivered by: Steigmann
PRESIDING JUSTICE STEIGMANN delivered the opinion of the court:
In April 1996, the State filed a petition to have defendant, Nathan J. Antoine, Jr., declared a sexually dangerous person, pursuant to the Sexually Dangerous Persons Act (Act) (725 ILCS 205/0.01 et seq. (West 1994)). In May 1996, defendant filed a motion for involuntary dismissal, alleging that the two psychiatrists appointed to examine him did not agree that he was a sexually dangerous person. Following a hearing on the motion in May 1996, the trial court granted defendant's motion for involuntary dismissal. The State appeals and we reverse and remand.
Section 1.01 of the Act defines a sexually dangerous person as:
"[One] suffering from a mental disorder, which mental disorder has existed for a period of not less than one year, immediately prior to the filing of the petition hereinafter provided for, coupled with criminal propensities to the commission of sex offenses, and who has demonstrated propensities toward acts of sexual assault or acts of sexual molestation of children ***." 725 ILCS 205/1.01 (West 1994).
Section 4 of the Act provides that the trial court shall appoint two qualified psychiatrists to personally examine the defendant, ascertain whether he is sexually dangerous, and file with the court a written report of the examination result. 725 ILCS 205/4 (West 1994).
The trial court appointed psychiatrists Joseph Bohlen and Lawrence Jeckel to examine defendant. In April 1996, Dr. Bohlen submitted a report to the court concluding that defendant suffered from a mental disorder, sexual paraphilia (violent type), and, therefore, met the statutory criteria for a sexually dangerous person. In May 1996, Dr. Jeckel submitted a report to the court concluding that defendant suffered from a character disorder but that he did not have a mental disorder. Dr. Jeckel's report stated, in relevant part, as follows:
"[Defendant] has the mentality of a rapist or a killer. He does not have a mental illness that would be classified on DSM-IV Axis I. His behavior is part of a character disorder, an enduring set of character traits characterized by deceit, drug use, and violent impulses toward women.
Therefore, although [defendant] has demonstrated criminal propensities toward acts of sexual assault in the past, he is not suffering from a mental disorder that has existed for one year."
Dr. Jeckel thus concluded that defendant did not meet the Act's criteria for a sexually dangerous person.
In May 1996, defendant filed a motion for involuntary dismissal because the two psychiatrists did not agree on whether defendant was a sexually dangerous person pursuant to the Act. Defendant contended that this court's decision in People v. Cole, 5 Ill. App. 3d 836, 284 N.E.2d 53 (1972), required dismissal under these circumstances. At the hearing on defendant's motion, the trial court questioned ...