January 20, Chicago, Il
Defrocked priest Daniel McCormack will stand trial to determine whether he should be civilly committed as a sexually violent person, a Cook County judge ruled Tuesday.
McCormack, 41, had been sentenced to five years in prison for five counts of aggravated criminal sexual abuse. He was scheduled to be released in late September, but authorities filed a lawsuit arguing that he should remain in a secure mental health center to receive the treatment prosecutors said he never received.
In Illinois, the law law is spelled out in 725 ILCS 207- Sexually Violent Persons Committment Act:
(b‑7) A person convicted of a sexually violent offense remains eligible for commitment as a sexually violent person pursuant to this Act under the following circumstances: (1) the person is in custody for a sentence that is being served concurrently or consecutively with a sexually violent offense; (2) the person returns to the custody of the Illinois Department of Corrections or the Department of Juvenile Justice for any reason during the term of parole or mandatory supervised release being served for a sexually violent offense; or (3) the person is convicted or adjudicated delinquent for any offense committed during the term of parole or mandatory supervised release being served for a sexually violent offense, regardless of whether that conviction or adjudication was for a sexually violent offense.
Civil nature of proceedings. The proceedings under this Act shall be civil in nature. The provisions of the Civil Practice Law, and all existing and future amendments of that Law shall apply to all proceedings hereunder except as otherwise provided in this Act.
(a) If a court or jury determines that the person who is the subject of a petition under Section 15 of this Act is a sexually violent person, the court shall order the person to be committed to the custody of the Department for control, care and treatment until such time as the person is no longer a sexually violent person.
The law is written in a manner that precludes a defendant from ever being able to pay his debt, in full, to society.