In re Detention of Varner

Summary

The Illinois Supreme Court reconsidered Herbert Varner’s civil commitment under the Sexually Violent Persons Commitment Act after the United States Supreme Court vacated and remanded the court’s earlier decision in light of Kansas v. Crane. The court held that the Act and the jury instructions satisfied substantive due process because they constitutionally incorporated a requirement of lack of volitional control, without requiring a separate express finding on that issue. The court therefore affirmed the appellate court’s judgment upholding Varner’s commitment to the Department of Human Services.

Holdings

1. No. The Constitution does not require a fact finder to make a separate, expressly labeled determination in every case that the respondent lacks volitional control over sexually violent conduct.
2. Yes. The jury instructions tracking the Act's definitions adequately supplied the constitutionally required lack-of-control determination, so Varner's commitment did not violate substantive due process.

Questions Presented

1. Whether substantive due process requires a jury or other fact finder to make a separate, specific finding that a person lacks volitional control over sexually violent behavior before commitment under the Sexually Violent Persons Commitment Act.
2. Whether the Act's definitions of sexually violent person and mental disorder, together with the jury instructions tracking those definitions, supplied the lack-of-control determination required by Kansas v. Crane.

Disposition

affirmed