Docket No. 108824.
THE STATE OF ILLINOIS
In re COMMITMENT OF BENJAMIN HERNANDEZ (The People
of the State of Illinois, Appellant, v. Benjamin Hernandez, Appellee).
Opinion filed November 18, 2010.
JUSTICE THOMAS delivered the judgment of the court, with
Chief Justice Kilbride and Justices Freeman, Garman, Karmeier,
and Theis concurred in the judgment and opinion.
Justice Burke took no part in the decision.
At issue is whether the appellate court had jurisdiction over the
State’s appeal in a sexually violent persons case when the State filed
its notice of appeal after the circuit court of Boone County approved
respondent for conditional release but before the court approved a
conditional release plan. This appeal was rendered moot when
respondent violated the terms of his conditional release plan and was
returned to the custody of the Department of Human Services (DHS).
The appeal before the appellate court was also moot, as respondent
had been returned to custody before that court filed its opinion.
Finding no exceptions to the mootness doctrine present, we vacate the