Law Commons^™

Vol. 8 No. 1, Fall 2016; Respite For Tantalus: Illinois’S Sexually Violent Persons Commitment Act – Due Process In (In)Action, Brian E. Wilson

Northern Illinois Law Review Supplement

Under current Illinois law, criminals who have been adjudicated guilty of committing certain types of sex offenses can, at any point during their incarceration, be involuntarily committed indefinitely. They are sent to the Treatment and Detention Facility in Rushville, Illinois, where they are to undergo treatment for various disorders, and are not released until the Department of Human Services determines they no longer present a danger of re-offending. While this is the intent of the law, in practice this secondary commitment is violating these offenders' Due Process rights. This Comment examines the Sexually Violent Persons Commitment Act in Illinois; its …