In Re Detention of Gardner

In December 1998, respondent, Jack Gardner, moved to dismiss the State’s petition seeking to have him committed as a sexually violent person, pursuant to the Sexually Violent Persons Commitment Act (Act) (725 ILCS 207/1 et seq. (West 1998)). Later that same month, the trial court conducted a hearing and granted respondent’s motion. The State appeals, and we reverse and remand.

I. BACKGROUND

On November 24, 1998, the State filed a petition to commit respondent as a sexually violent person, alleging the following: (1) in February 1995, respondent was convicted of a sexually violent offense —…