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In re Detention of Lieberman

Case Date: 03/13/2001
Court: 1st District Appellate
Docket No: 1-00-0508 Rel

SECOND DIVISION

March 13, 2001

No. 1-00-0508

In re DETENTION OF BRAD LIEBERMAN)Appeal from the
)Circuit Court of
(The People of the State of Illinois,)Cook County
)
Petitioner-Appellee,)
)
)
v.)
)
)
Brad Lieberman)
Inmate No. N03991,)Honorable
)William S. Wood & Thomas R. Fitzgerald,
Respondent-Appellant))Judges Presiding.

JUSTICE McBRIDE delivered the opinion of the court:

Respondent Brad Lieberman was convicted of a series of rapesunder several indictments in 1980. Respondent was sentenced to anumber of concurrent sentences, the longest of which required himto serve 40 years in prison. In January 2000, prior torespondent's entry into mandatory supervised release, the Statefiled a petition to have him civilly committed as a sexuallyviolent person pursuant to the Sexually Violent Persons CommitmentAct (the Commitment Act or Act) (725 ILCS 207/1 et seq. (West1998)). Respondent moved to dismiss the State's petition pursuantto section 2-615 of the Code of Civil Procedure (735 ILCS 5/2-615(West 1998)) on the basis that the crime of rape, for which he wasconvicted, was not a "sexually violent offense" as defined by theCommitment Act. See 725 ILCS 207/5(e) (West 1998). The circuitcourt denied respondent's motion to dismiss. Upon the motion ofrespondent, the circuit court certified a question forinterlocutory appeal pursuant to Supreme Court Rule 308(a). 155Ill. 2d R. 308(a). Respondent's application to this court forleave to file an interlocutory appeal was granted. The questioncertified was "[w]hether the Respondent's conviction for the crimeof rape (Ill. Rev. Stat. Ch. 38