Court of Appeals of Illinois, First District, Third Division
Appeal from the Circuit Court of Cook County. No. 07 CR 80014. The Honorable Michael B. McHale, Judge, presiding.
The appellate court upheld the indefinite involuntary commitment order entered against respondent following a jury's finding that he was a sexually dangerous person under the Sexually Violent Persons Commitment Act, on the grounds that respondent was not prejudiced by a variation between the petition and the proof, no Frye hearing was necessary where the mental disorder he allegedly suffered was admissible as a generally accepted diagnosis in the psychiatric community, and an incomplete and deceptive special interrogatory respondent requested was properly rejected by the trial court.
FOR PETITIONER-APPELLEE: Michael M. Glick, Stephen M. Soltanzadeh, Chicago, IL.
FOR RESPONDENT-APPELLANT: Stephen F. Potts, Miguel E. Larios, Law Offices of Stephen F. Potts, Des Plaines, IL.
PRESIDING JUSTICE HYMAN delivered the judgment of the court, with opinion. Justices Pucinski and Mason concurred in the judgment and opinion.
[¶1] Cases involving the Sexually Violent Persons Commitment Act (SVP Act) (725 ILCS 207/1 et seq . (West 2012)) require the trial judge to particularly pay close attention to the expert evaluations of the respondent, which is precisely how the judge reached this decision. Unlike most matters, which turn on the past, the issue under SVP Act turns on what might happen in the future based on what is known today.
[¶2] Respondent Lawrence Hayes appeals the trial court's indefinite involuntary commitment order entered after a jury found him a sexually violent person under the SVP Act. Hayes raises three distinct issues: (i) whether the State can seek commitment for mental diagnosis not pled in its petition; (ii) whether, under the Frye standard, the diagnosis of " paraphilia, not otherwise specified, nonconsent" (PNOS nonconsent) is admissible; and (iii) whether Hayes's proposed special interrogatories should have been given to the jury.
[¶3] We hold (i) no prejudice arose from variations between the petition and proof; (ii) the mental disorder at issue is admissible as a generally accepted diagnosis in the psychiatric community; and (iii) the trial court properly rejected the special interrogatories as incomplete and deceptive.
[¶5] The trial consisted entirely of expert testimony. In setting out the facts, we note that none of the experts had personal knowledge of the events to which they testified.
[¶6] Lawrence Hayes, who was born in 1961, committed minor crimes between ages of 9 and 11, such as shoplifting and stealing bicycles. In January 1980, Hayes, then 18, kidnapped a 13-year-old girl and raped her. In April of that year, he and two others kidnapped and raped a 16-year-old girl. Two weeks later, Hayes and another individual kidnapped a 20-year-old woman at gunpoint and raped her. Hayes pleaded guilty to each of these
offenses and received a prison term of 12 years.
[¶7] Soon after his release in November 1985, Hayes kidnapped a woman at knifepoint and raped her, which resulted in a 10-year sentence. In 1997, having been released from incarceration, Hayes kidnapped a woman in her mid-20s at knifepoint and gunpoint and raped her twice. When she tried to escape, he struck her twice in the face. In March 1998, Hayes picked up his brother-in-law's 14-year-old daughter from school and offered her $100 to perform a sexual act. She refused and told her parents. Hayes's sentence for the 1997 and 1998 crimes was for 20 years. Hayes also has convictions for criminal trespass to a vehicle and theft in 1980, and burglary and illegal possession of a weapon by a felon in 1994.
[¶8] While incarcerated, Hayes twice refused sex-offender treatment. He also incurred 22 disciplinary reports, including 5 major violations of Illinois Department of Correction (IDOC) rules. None of the infractions were sexual in nature. Hayes spent a total of 25 days segregated from the general prison population.
[¶9] In November 2007, the State sought Hayes' commitment as a sexually violent person, alleging he suffered from PNOS nonconsent. Attached to the State's petition was a psychologist's evaluation which stated he suffered from (i) PNOS, nonconsent and (ii) personality disorder not otherwise specified with antisocial features. The Diagnostic and Statistical Manual of Mental Disorders, fourth edition, text revision (DSM-IV-TR) generally defines paraphilia as " recurrent, intense sexually arousing fantasies, sexual urges, or behaviors generally involving 1) nonhuman objects, 2) the suffering or humiliation of oneself or one's partner, or 3) children or other nonconsenting persons that occur over a period of at least 6 months." Am. Psychiatric Ass'n, Diagnostic & Statistical Manual of Mental Disorders 566 (4th ed., text rev. 2000).
[¶10] During his detention before trial, Hayes refused to participate in sex-offender treatment. Hayes told one evaluator that he did not believe he needed sex-offender treatment. At trial, the State presented two expert ...