People v. Clarke

The respondent, William Clarke, appeals from the trial court’s order continuing his hospitalization with the Department of Mental Health and Development Disabilities (the Department). The respondent argues that the trial court erred by denying his procedural rights under the Mental Health and Developmental Disabilities Code (Mental Health Code) (Ill. Rev. Stat. 1987, ch. 91½, par. 1 — 100 et seq.) and that the State did not prove by clear and convincing evidence that he was reasonably expected to inflict serious physical harm on another or himself in the near future. We reverse and remand.

On…