In Re the Detention of Aqui

Joseph Aqui appeals his civil commitment as a sexually violent predator. Guided by our Supreme Court’s decision in In re Young, 1 we reject his claims of constitutional violations and trial error. Specifically, while we agree that the trial court should have held a hearing on the issue of probable cause to detain within 72 hours of initial detention, dismissal of the proceeding is not the remedy. Given that Aqui was afforded a full hearing on the issue of commitment and that the absence of the 72-hour hearing did not affect the ultimate outcome of the commitment proceeding, the error was…