In re Detention of Lieberman

Case Date: 12/31/1969
Court: Supreme Court
Docket No: 91344 Rel

Docket No. 91344-Agenda 13-January 2002.

In re DETENTION OF BRAD LIEBERMAN (The People of the 
State of Illinois, Appellant, v. Brad Lieberman, Appellee).

Opinion filed July 3, 2002.

 

JUSTICE McMORROW delivered the opinion of the court: 

In 1980, respondent, Brad Lieberman, was convicted of sevencounts of rape. Ill. Rev. Stat. 1981, ch. 38, par. 11-1. In January2000, the State filed a petition in the circuit court of Cook Countyalleging that respondent is a "sexually violent person" subject toinvoluntary civil commitment pursuant to the Sexually ViolentPersons Commitment Act (the Act or Commitment Act) (725ILCS 207/1 et seq. (West 1998)). At issue in this appeal is whetherrespondent's 1980 convictions for the crime of rape constitute"sexually violent" offenses subjecting him to commitment as a"sexually violent person" under the version of the CommitmentAct in effect at the time the State filed the petition at bar.(1) Thecircuit court of Cook County denied respondent's motion todismiss the State's petition to commit him as a sexually violentperson. The circuit court thereafter certified the following questionfor interlocutory appeal pursuant to Supreme Court Rule 308(a)(155 Ill. 2d R. 308(a)): "Whether the Respondent's conviction forthe crime of rape (Ill. Rev. Stat. Ch. 38