In re Detention of Hayes
| Citation | 747 N.E.2d 444,321 Ill. App.3d 178,254 Ill.Dec. 404 |
| Decision Date | 09 April 2001 |
| Docket Number | No. 2-00-0339, No. 2-00-0392. |
| Parties | In re DETENTION OF Terry HAYES (The People of the State of Illinois, Petitioner, v. Terry Hayes, Respondent-Appellee (The Department of Human Services, Movant-Appellant)). In re Detention of Terry Hayes (The People of the State of Illinois, Petitioner-Appellee, v. Terry Hayes, Respondent-Appellant). |
| Court | United States Appellate Court of Illinois |
J. William Roberts, Stephen R. Swofford, Steven M. Puiszis, Hinshaw & Culbertson, Chicago, Ronald G. Matekaitis, DeKalb County State's Attorney, Sycamore, James E. Ryan, Attorney General, Joel D. Bertocchi, Solicitor General, William L. Browers, Michael Hoard, Assistant Attorneys General, Chicago, for Department of Human Services and the People in No. 2-00-0339.
Ronald G. Matekaitis, DeKalb County State's Attorney, Sycamore, William L. Browers, Assistant Attorney General, Chicago, for the People in No. 2-00-0392.
J. William Roberts, Steven M. Puiszis, Nancy G. Lischer, Stephen R. Swofford, Hinshaw & Culbertson, Chicago, for Department of Human Services in No. 2-00-0392. William P. Brady, Gallagher & Brady, Sycamore, for Terry Hayes.
Following a jury trial, respondent, Terry Hayes, was found to be a sexually violent person. The trial court subsequently found that respondent was not appropriate for conditional release and ordered him committed to a secure facility. The commitment order contained a number of directives for the Department of Human Services (the Department) regarding respondent's treatment. In No. 2-00-0392, respondent appeals, contending (1) that the Sexually Violent Persons Commitment Act (the Act) (725 ILCS 207/1 et seq. (West 1998)) is unconstitutional; and (2) the State failed to prove beyond a reasonable doubt that he is a sexually violent person. Respondent does not contend that the trial court erred when it ordered him committed to a secure facility. In No. 2-00-0339, the Department appeals, contending (1) the trial court lacked authority to order the Department to retain a private physician or subject the Department to that physician's supervision; (2) the doctrine of sovereign immunity barred the order as an action against the State; (3) constitutional separation of powers precluded a court order directing the manner in which the Department performed executive functions; and (4) the trial court lacked jurisdiction over the Department. On respondent's motion we have consolidated these two appeals. In No. 2-00-0392 we affirm. In No. 2-00-0339 we affirm in part, vacate in part, and remand. In accordance with the criteria of Supreme Court Rule 23(a) (166 Ill.2d R. 23(a)) we have elected not to publish those portions of this opinion relevant to respondent's challenge to the sufficiency of the evidence.
On January 13, 1998, the State filed a petition alleging that respondent was a sexually violent person. On January 15, 1998, the trial court found that probable cause existed that respondent was a sexually violent person, ordered the Department to detain him, and set the matter for a jury trial. The matter was continued several times for reasons unrelated to this appeal.
On February 22, 1999, the trial court commenced a jury trial on the State's petition.
[Editor's Note: Text omitted pursuant to Supreme Court Rule 23.]
The jury found that respondent was a sexually violent person. The trial court entered judgment on the jury's verdict, ordered respondent committed to the Department, ordered a supplemental mental examination, and continued the matter for status. The matter was continued several more times for reasons unrelated to this appeal.
On January 4, 2000, the trial court conducted a dispositional hearing. Carl Wahlstrom, a psychiatrist, testified on behalf of the State. Wahlstrom reviewed a variety of written reports and examined respondent on September 14, 1999. Following the examination Wahlstrom reached a medical diagnosis of Crohn's disease, a chronic bowel inflammatory disease. Wahlstrom recommended that respondent's medical condition be monitored by a medical doctor, an internist, and that he be referred to a gastroenterologist if the disease did not remain in remission.
Wahlstrom further testified that he made a diagnosis of respondent's mental condition. Wahlstrom's diagnoses included major depression with psychotic features; alcohol, marijuana, and cocaine dependence; a severe, childhood-onset type of conduct disorder that had evolved into an antisocial personality disorder; and pedophilia. Wahlstrom formulated a treatment plan based on his diagnoses of respondent.
Wahlstrom testified that he believed respondent's depression required more aggressive treatment. He recommended that the antidepressant he was receiving be replaced with a different type of antidepressant and that an antipsychotic medication be added. Wahlstrom also recommended testing respondent to determine whether a thyroid disorder was contributing to his depression. Wahlstrom recommended that respondent's chemical dependence be treated with a treatment program incorporating elements of the Alcoholics Anonymous and Narcotics Anonymous programs. Wahlstrom further indicated that medication might be used in conjunction with a treatment program. Wahlstrom recommended that the antisocial personality disorder be treated in a structured program incorporating firm limit-setting as an element. For treatment of respondent's pedophilia, Wahlstrom recommended a variety of techniques, including group therapy, arousal control, and cognitive behavioral therapy.
Wahlstrom testified that he had reviewed the Act and was aware that it provided for treatment either in a secure institutional setting or conditional release. Wahlstrom opined that respondent should be treated in a secure institutional setting. Wahlstrom further opined that the treatment respondent would receive at the Sheridan treatment facility would be adequate to treat his mental condition. Wahlstrom believed respondent would receive adequate medical care at the facility but was concerned that he was in obvious pain and recommended that his medical condition be more fully evaluated for pain control. Wahlstrom opined that respondent would not be able to obtain the necessary treatment outside a secure institutional setting such as the Sheridan treatment center.
In response to questioning by the trial court, Wahlstrom opined that a psychiatrist who is not board certified in forensic psychiatry and did not have a great deal of experience would not be qualified to oversee the treatment plan he had outlined for respondent. Wahlstrom opined that an experienced psychiatrist should have oversight of the program.
Sadashiv Parwatikar, a psychiatrist, testified that he acts as a forensic consultant under a contract with the State of Illinois. Parwatikar reviewed respondent's records and interviewed him on September 20, 1998. Parwatikar diagnosed respondent with paraphilia, polysubstance dependence, antisocial personality, borderline personality, and Crohn's disease.
Parwatikar testified that he formulated a treatment plan for respondent's Crohn's disease. The plan included treatment with antibiotics and surgical intervention, if required.
Parwatikar further testified that he had formulated a treatment plan for respondent's mental condition. Parwatikar recommended that respondent's personality and sexual problems be treated in a combined manner. Parwatikar recommended drug treatment for depression and recommended the sexual problem be treated with group and individual psychotherapy. Parwatikar opined that respondent should be treated in a structured environment. Parwatikar testified that he was not fully aware of the treatment available at the Sheridan facility but indicated that it was the type of program he would recommend.
Raymond Wood, clinical director of the sexually violent persons program, testified that his employer, Liberty Health Care, operated the Sheridan facility under a contract with the Department. The facility used a team approach to treatment, and a treatment team ordinarily included a psychologist, a nurse or psychiatrist, a therapist, a security representative, and, if needed, a substance abuse counselor or recreation therapist. Wood testified that treatment teams often included additional members. Woods described a five-phase program used to treat sex offenders.
Timothy Budz, a licensed clinical social worker, testified that he was employed as the facility director at the Sheridan facility. Budz testified that he was in charge of day-to-day operations at the facility. Budz supervised Wood and his staff but was not directly involved with the treatment of individuals. Budz described the physical layout of the Sheridan facility and the Department's plans to remodel a Department of Corrections facility in Joliet and relocate the program.
Hollida Wakefield, a psychologist, testified on behalf of respondent. Wakefield examined respondent on November 4, 1999. Wakefield used a variety of techniques to analyze respondent's risk level. Wakefield diagnosed respondent with polysubstance abuse, depressive disorder, antisocial personality disorder, and borderline personality disorder. Wakefield concluded that respondent presented a moderate to high risk of recidivism. After assessing respondent, Wakefield collaborated with Ralph Underwager to develop a treatment plan.
Ralph Underwager, a psychologist, testified that he collaborated with Wakefield to develop a treatment plan for respondent. Wakefield believed that respondent presented a situation of comorbidity, the presence of more than one mental illness, that was fundamental in developing a treatment plan. Underwager opined that respondent would not likely respond to sex offender treatment until his antecedent conditions were treated. After the other conditions were treated, respondent...
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