1-27-16 Illinois:In re COMMITMENT OF RICKY A. WILCOXEN
Respondent, Ricky A. Wilcoxen, appeals from the trial court's order that found probable cause did not exist to warrant an evidentiary hearing to determine if respondent was still a sexually violent person. We reverse and remand for further proceedings.
In 1992, respondent was sentenced to serve 22 years in prison for attempted criminal sexual assault. Pursuant to sentencing guidelines in effect at the time, his scheduled release date was May 4, 2002. On April 30, 2002, five days before he was to be released, the State filed a petition to have respondent declared a sexually violent person. 725 ILCS 207/1 et seq. (West 2002). Seven years later, in June 2009,[1] the matter proceeded to a jury trial. At trial, two of the State's experts testified that they reviewed the information contained in respondent's Illinois Department of Corrections files. Both experts opined that if respondent was released into the community there was a substantial probability that he would reoffend. The defense expert, Dr. Luis Rosell, agreed that respondent continued to meet the diagnosis for pedophilia, but opined that respondent was not a sexually violent person.
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CONCLUSION
The judgment of the circuit court of Fulton County is reversed and remanded with directions.
Reversed and remanded with directions.
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