In re Commitment of Vance, 2017 IL App (3d) 160683

In 2009 James Vance was adjudicated a sexually violent person under the Sexually Violent Persons Commitment Act and committed to DHS.
DHS reevaluated Vance in May 2016; the State moved for a finding of no probable cause to warrant an evidentiary hearing under section 65(b) of the Act, attaching Dr. Richard Travis’s reexamination report.
Travis diagnosed Vance with pedophilic disorder and an other-specified personality disorder, noted treatment noncompletion, documented prior sexual offenses against children, parole violations, and discovery of videotaped images of naked children.
Actuarial scores (Static-99R/Static-2002R) placed Vance at low–moderate risk, but Travis identified multiple additional dynamic risk factors supporting a high-risk designation.
At the probable-cause hearing the court considered only the reexamination report and party arguments; the court found no probable cause to set an evidentiary hearing and granted the State’s motion. Vance appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred in finding no probable cause to warrant an evidentiary hearing under 725 ILCS 207/65(b)	State: Dr. Travis’s reexam shows Vance still suffers a qualifying mental disorder and remains substantially likely to reoffend, so no probable cause for discharge hearing	Vance: He made sufficient progress in treatment and no longer meets commitment criteria, so an evidentiary hearing is warranted	Court affirmed: Travis’s report supplied plausible evidence that Vance continues to suffer a mental disorder that creates a substantial probability of sexual reoffense; no probable cause for an evidentiary hearing

In re Detention of Stanbridge, 2012 IL 112337 (probable-cause hearing requires a plausible account that committed person no longer meets commitment elements)
Hardin v. 238 Ill. 2d 33 (describing the probable-cause standard and court’s role in assessing plausibility)