People v. Burns

At issue in this case is whether a respondent filing an application for recovery under the Sexually Dangerous Fersons Act (the SDEA) (725 ILCS 205/0.01 et seq. (West 2000)), is entitled to an independent psychiatric examination. The appellate court reversed the La Salle County circuit court’s order denying respondent’s motion for an independent psychiatric exam, holding that a respondent in a recovery proceeding has a due process right to such an exam. 337 Ill. App. 3d 224. We allowed the State’s petition for leave to appeal from the appellate court’s decision. 177 Ill. 2d R. 315(a).

BACKGROUND