In Re Commitment of Risner

This is an appeal from an order of the trial court denying respondent’s conditional release from Grasmere Residential Home. We reverse.

Respondent raises three issues on appeal: (1) whether the State proved by clear and convincing evidence that the proposed release plan did not provide reasonable assurances for respondent’s further treatment and for the safety of respondent and others; (2) whether the trial court improperly placed the burden of proof on respondent; and (3) whether the trial court erred in failing to require the State to present proof beyond a reasonable doubt that respondent’s…