In re David B.

• Decision Date: 06 September 2006
• Docket Number: No. 5-05-0416.,5-05-0416.
• Citation: 857 N.E.2d 755
• Parties: In re DAVID B. (The People of the State of Illinois, Petitioner-Appellee, v. David B., Respondent-Appellant).
• Court: United States Appellate Court of Illinois

857 N.E.2d 755

In re DAVID B. (The People of the State of Illinois, Petitioner-Appellee, v. David B., Respondent-Appellant).

No. 5-05-0416.

Appellate Court of Illinois, Fifth District.

September 6, 2006.

Anthony E. Rothert, Staff Attorney, Legal Advocacy Service, Guardianship and Advocacy Commission, Alton, for Appellant.

Randall Rodewald, State's Attorney, Chester; Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Kevin D. Sweeney, Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, for Appellee.

Justice McGLYNN delivered the opinion of the court:

David B. appeals an order of the circuit court of Randolph County entered on June 22, 2005, finding him to be a person subject to involuntary admission and ordering his continued hospitalization at the Chester Mental Health Center. Respondent filed a timely pro se notice of appeal on July 20, 2005. His appointed counsel filed an amended notice of appeal on August 15, 2005, in accordance with Supreme Court Rule 303(b)(4) (Official Reports Advance Sheet No. 7 (March 30, 2005), R. 303(b)(4), eff. March 18, 2005). On appeal, respondent argues the trial court's judgment should be reversed because (1) the State did not meet the statutory requirements for his involuntary admission in that it failed to produce at least one expert to testify at his involuntary admission hearing who had recently performed a personal examination on him and (2) the trial court's judgment was against the manifest weight of the evidence. We affirm.

I. Statement of Facts

A. Background

In 1981, respondent, David B., was convicted of three counts of indecent liberties with a child. This court affirmed his appeal in that case. People v. David B.,¹ 95 Ill.App.3d 1132, 51 Ill.Dec. 518, 420 N.E.2d 1076 (1981). Respondent was sentenced to 13 years' imprisonment on each count, with the sentences to run concurrently.

On May 9, 1986, a petition for respondent's involuntary admission for hospitalization in the Department of Mental Health and Developmental Disabilities (Department of Mental Health) and the certificates of a psychologist and psychiatrist were filed in the circuit court of Randolph County. On May 21, 1986, after serving 6 years and 6½ months of his 13-year sentence, respondent filed a "Petition for Judicial Discharge" with the circuit court. On the same day, a "Parole or Mandatory Supervised Release Agreement" was filed. It stated that as a condition of respondent's mandatory supervised release, he would be committed to the Department of Mental Health for retention and treatment. A timely hearing on the petitions was conducted, and a licensed psychologist testified that he had interviewed respondent, reviewed his medical files, reviewed letters written by respondent, and spoken with his therapist. Based on this information, the psychologist opined that at times respondent becomes paranoid, which he projects at others, and becomes grossly psychotic. Respondent continues to have sexual difficulty, which could have him act out against children in the future. Respondent also believes that he can pick up other people's thoughts and predict future disasters. Respondent has written threatening letters to those who were involved in gathering or giving evidence that resulted in his conviction. The psychologist diagnosed David B. as suffering from a schizoaffective disorder and a paranoid personality disorder and concluded that at the time of the hearing he would be a danger to himself and to others if released. This court affirmed the trial court's finding that David B. was still in need of treatment and subject to involuntary admission. People v. David B., No. 5-86-0369, 148 Ill.App.3d 1161, 111 Ill.Dec. 923, 513 N.E.2d 169 (1986) (unpublished order under Supreme Court Rule 23 (87 Ill.2d R. 23)).

To this day respondent remains at Chester Mental Health Center. Prior to 2005, a review of his confinement has come before this court at least 28 times, and each time this court has affirmed respondent's involuntary confinement.² In the vast majority of these appeals, this court has noted trial evidence bearing on respondent's consistent refusal to accept any treatment³ or medication,⁴ his consistent refusal to deal with his sexual problems,⁵ and his continued refusal to participate in mental examinations.⁶

B. June 22, 2005, Hearing

Carole Metzger, a licensed clinical social worker employed by Chester Mental Health Center, was charged with examining respondent for the purpose of testifying as the State's expert witness at the hearing on respondent's continued involuntary admission. At the hearing, Metzger testified that respondent simply refused to speak with her when she attempted to personally examine him. Although she was successful in examining him in 2002, Metzger testified that respondent's lack of cooperation was a consistent pattern of refusals to talk with his therapist or anyone else about his pedophilic behavior. Metzger also testified that respondent had told her he refused to speak with her because she would testify at the next hearing regarding his involuntary confinement.

Metzger further testified about respondent's long history of diagnosed mental illness. Respondent had been committed at Chester Mental Health Center since 1986 but also had been admitted at the Zeller Mental Health Institution in 1973. According to his medical records, respondent has a delusional disorder, has a personality disorder of paranoia, and is a pedophile. He also has a history of persecutory delusions with projections of blame and suspiciousness. He has written threatening letters to officials at the Department of Children and Family Services and the State's Attorney's office. He has a history of sexually inappropriate expression with pedophilia and a preoccupation with sadomasochistic sexual fantasies. Metzger attributed his current lack of violent outbreaks and aggressiveness to the structured environment of the mental health center. She believed that without this environment he would cease taking his medication and would be a threat to himself and to others. Metzger also testified she did not believe that respondent would be able to take care of himself if released.

Respondent testified on his own behalf at the hearing, stating that the reason he refused to speak with Metzger was that he had been sleeping and had not been totally oriented. He also stated that his only illness was depression and that he thought he could take care of himself if released. Respondent failed to contradict the State's case, except to deny that he was a pedophile. We also note that respondent never objected to Metzger's testimony, nor did he move to dismiss the State's petition on the ground that an expert had not recently examined him.

II. Analysis

Respondent now appeals the latest order for involuntary admission, arguing that the State failed to have him examined pursuant the Mental Health and Developmental Disabilities Code (Code) (405 ILCS 5/3-807 (West 2000)), despite his continuing failure to cooperate or participate with mental examinations. David B. further argues that the order of confinement was against the manifest weight of the evidence. We disagree on both counts and affirm the order of confinement.

A. Examination Required Under Statute

In his first point, respondent argues the order of confinement must be reversed because the State's expert failed to examine him in a manner consistent with the requirements of section 3-807 of the Code (405 ILCS 5/3-807 (West 2000)). Pursuant to section 3-807:

"No respondent may be found subject to involuntary admission unless at least one psychiatrist, clinical social worker, or clinical psychologist who has examined him testifies in person at the hearing. The respondent may waive the requirement of the testimony subject to the approval of the court." 405 ILCS 5/3-807 (West 2000).

Respondent argues that the order of confinement must be reversed because there must be a personal interview prior to the hearing, before an expert can be deemed qualified to testify about the committed's condition. We disagree. While we are mindful of the fundamental liberties at issue and that certain due process protections must be afforded so that these fundamental rights are not trampled in the rush to protect society at the expense of the individual, the question remains whether we can allow a sexually dangerous person who has become familiar with the law through numerous appeals to gain freedom by simply refusing to speak with the State's expert. Put simply, the answer is no; the statutory language requiring an evaluation from a competent expert was not intended to create a loophole for a sexually dangerous person to exploit.

The supreme court has allowed a doctor to testify about an involuntarily committed person based entirely on a review of the patient's records, discussions with staff members, and prior observations of the respondent. People v. Lang, 113 Ill.2d 407, 468-69, 101 Ill.Dec. 597, 498 N.E.2d 1105, 1133 (1986) ("[W]e do not construe section 3-208 [of the Code (Ill.Rev.Stat. 1983, ch. 91½, par. 3-208)] as barring an examiner's testimony if it is derived from other sources. Here, respondent refused to communicate with Dr. Ney for any reason, and the doctor's testimony was based entirely on his review of the records, discussions with Chicago-Read staff members, and his prior observations of respondent. As such, his testimony was properly allowed by the circuit court"). This court has allowed the same. In re David B., 247 Ill.App.3d 234, 239, 186 Ill.Dec. 524, 616 N.E.2d 714, 719 (1993). Relying on Lang, the court in In re Pritchett, 148 Ill.App.3d 746, 749-50, 102 Ill.Dec. 249, 499 N.E.2d 1029, 1031-32 (1986), held that a doctor may testify at a respondent's hearing for involuntary admission and base his or her testimony upon the observations of the respondent's condition when the respondent refuses an examination and when the...