In re Commitment of Blakey

              Filed 5/1/08 NO. 4-07-0438
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
In re: the Commitment of ) Appeal from
ROBERT W. BLAKEY, a Sexually Violent ) Circuit Court of
Person, ) Sangamon county
THE PEOPLE OF THE STATE OF ILLINOIS, ) No. 04MR112
Plaintiff-Appellee, )
v. ) Honorable
ROBERT W. BLAKEY, ) Leo J. Zappa, Jr.,
Defendant-Appellant. ) Judge Presiding.
_________________________________________________________________
JUSTICE COOK delivered the opinion of the court:
In an 18-month reevaluation report performed in March
2007, Dr. Robert Brucker recommended that respondent, Robert W.
Blakey, should (1) continue to be found a sexually violent person
and (2) be ordered to conditional release in the community as
long as he demonstrates a willingness to cooperate with his plan.
On March 28, 2007, the State filed a motion for a finding of no
probable cause under section 65(b)(1) of the Code of Criminal
Procedure of 1963 to warrant an evidentiary hearing to determine
whether Blakey is still a sexually violent person (725 ILCS
207/65(b)(1) (West 2006)). On April 27, 2007, the trial court
conducted a probable-cause hearing to determine whether a further
evidentiary hearing was necessary to determine whether Blakey was
still a sexually violent person or whether Blakey was ready to be
conditionally released. The court heard argument from the
attorneys regarding the contents of Dr. Brucker's report. In a
written order that same day, the trial court entered an order
finding no probable cause to warrant a further evidentiary