In Re Detention of Kortte

Respondent, Donald Kortte, appeals the trial court’s order committing him pursuant to the Sexually Violent Persons Commitment Act (Act) (725 ILCS 207/1 et seq. (West 1998)). He argues that section 30(c) of the Act (725 ILCS 207/30(c) (West 1998)) unconstitutionally prevented him from calling an expert witness at his trial. Specifically, he contends that the provision (1) deprived him of due process of law (U.S. Const., amend. XIV; Ill. Const. 1970, art. I, § 2); and (2) violates the separation of powers (Ill. Const. 1970, art. II, § 1). We reverse and remand.

On November 20, 1998, the State…