People v. T.J.D. (In Re T.J.D.) , 90 N.E.3d 1030 ( 2017 )


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  •             NOTICE
    
    2017 IL App (5th) 170133
     Decision filed 11/16/17. The
    text of this decision may be             NO. 5-17-0133
    changed or corrected prior to
    the filing of a Petition for
    Rehearing or the disposition of             IN THE
    the same.
    APPELLATE COURT OF ILLINOIS
    FIFTH DISTRICT
    ________________________________________________________________________
    In re T.J.D., a Minor                       )     Appeal from the
    )     Circuit Court of
    (The People of the State of Illinois,       )     Williamson County.
    )
    Petitioner-Appellee,                )
    )
    v.                                          )     No. 10-JD-26
    )
    T.J.D.,                                     )     Honorable
    )     Jeffrey A. Goffinet,
    Respondent-Appellant).              )     Judge, presiding.
    ________________________________________________________________________
    JUSTICE GOLDENHERSH delivered the judgment of the court, with opinion.
    Justices Barberis and Overstreet concurred in the judgment and opinion.
    OPINION
    ¶1       Respondent, T.J.D., filed a petition to terminate his sexual offender registration
    pursuant to section 3-5 of the Sex Offender Registration Act (Act). 730 ILCS 150/3-5
    (West 2014). The trial court denied the petition, and respondent appealed. On appeal,
    respondent argues that the trial court’s interpretation of section 3-5(d) of the Act—which
    permits a court to terminate the sex offender registration of an adjudicated juvenile
    delinquent if he shows, by a preponderance of the evidence, that he poses no risk to the
    community—creates an impossible burden and is contrary to the legislature’s intent. 730
    1
    ILCS 150/3-5(d) (West 2014). Respondent argues the trial court’s decision should be
    reversed and remanded with directions regarding the proper interpretation of this statute.
    Alternatively, respondent alleges the court’s decision denying his petition was against the
    manifest weight of the evidence. We affirm.
    ¶2                                   BACKGROUND
    ¶3     Petitioner, the State of Illinois (State), filed a petition for adjudication of wardship
    on August 13, 2010, in the circuit court of Williamson County. The petition alleged that
    respondent, then a minor, committed the offenses of aggravated criminal sexual assault
    and aggravated criminal sexual abuse. 720 ILCS 5/12-14(b)(i), 12-16(c)(2)(i) (West
    2008). Specifically, the petition alleged that between the dates of January and June 2010,
    respondent committed aggravated criminal sexual assault when he placed his penis in the
    mouth of A.L., then under eight years of age. 720 ILCS 5/12-14(b)(i) (West 2008). The
    petition further alleged that between the dates of January and June 2010, respondent
    committed aggravated criminal sexual abuse when he touched the vagina of E.B., then
    under eight years of age, for the purpose of sexual gratification. 720 ILCS 5/12­
    16(c)(2)(i) (West 2008).
    ¶4     Respondent entered an admission to both allegations on February 15, 2011, and
    was subsequently adjudicated a juvenile delinquent on two counts of aggravated criminal
    sexual abuse and assault. 720 ILCS 5/12-14(b)(i), 12-16(c)(2)(i) (West 2008). The court
    entered an adjudication and disposition order on April 14, 2011, which required
    respondent to register as a juvenile sex offender under the Act. 730 ILCS 150/3-5 (West
    2
    2008). Respondent was also placed on probation for five years and home electronic
    monitoring for 12 months. Respondent registered as a juvenile sex offender on April 15,
    2011.
    ¶5      Respondent was discharged from probation on April 29, 2016. On August 19,
    2016, respondent filed a petition to terminate his sexual offender registration pursuant to
    section 3-5(d) of the Act. 730 ILCS 150/3-5(d) (West 2014). Under this section of the
    Act, a court may terminate the registration of an adjudicated juvenile delinquent if he or
    she shows, by a preponderance of the evidence, that he or she “poses no risk to the
    community.” 730 ILCS 150/3-5(d) (West 2014). In support of respondent’s contention
    that he posed no risk to the community, respondent asserted that he had completed a
    current risk assessment, which recommends he be removed from registration; he
    successfully completed individual sex offender treatment; his sexual offender history and
    recommendations from counselors indicate he is a low risk and requires no supervision or
    restrictions; he has resided and attended school in the community without any incidents;
    and the continued requirement of registration presents an undue burden.
    ¶6      Attached to respondent’s petition was a psychosexual risk assessment and
    evaluation prepared by Linda Stover, a licensed sex offender evaluator. Based on her
    review of records, clinical interviews, written assessments, and stable and acute risk
    factors, Stover concluded that respondent should be considered a low risk to the
    community. Stover opined that respondent had demonstrated he can live an offense-free
    life and should be given the opportunity to continue his life without having to register as
    a sex offender. Stover further stated that respondent had completed everything the court
    3
    asked of him, he assumes full responsibility for his actions, and he “is very remorseful for
    all of it.” Stover strongly recommended that respondent be removed from the registration
    law.
    ¶7     In response to respondent’s petition, the State filed a petition to allow a risk
    assessment/evaluation on August 30, 2016, requesting that it be allowed to procure its
    own risk assessment of respondent performed by an evaluator licensed under the Act. The
    petition was granted over respondent’s objection.
    ¶8     A hearing on respondent’s petition to terminate his sexual offender registration
    was held on December 22, 2016. Two psychosexual risk assessment evaluations were
    presented to the court: (1) the evaluation prepared by Stover, which we discuss above,
    and (2) an evaluation prepared by Donya Adkerson, a licensed sex offender evaluator and
    licensed sex offender treatment provider, which was requested by the Williamson County
    State’s Attorney’s Office. Adkerson’s evaluation stated that respondent had participated
    in both residential and outpatient sex offense specific treatment and that he successfully
    completed the treatment with highly positive reports from his treatment providers.
    Adkerson opined that respondent had demonstrated a number of strengths in dynamic risk
    areas and had shown patterns of behavior associated with decreased risk for sexual
    offense recidivism. Adkerson found the risk of respondent’s recidivism to be very low.
    Regarding registry removal requirements in Illinois, Adkerson opined:
    “Illinois requires a finding that the individual pose no risk to the
    community to be appropriate for registry removal, which presumably would be a
    4
    risk level equivalent to community members at large. A finding of no risk is not
    possible, as some risk for sexual offense exists even among the general population
    for whom no prior sexual offenses have been identified.”
    In sum, Adkerson recommended that respondent be released from his sex offender
    registry requirements because there “is every reason to believe” respondent would not
    reoffend, and because remaining on the sex offender registry creates risk of
    destabilization in housing and employment which in turn undermines best functioning.
    ¶9     The court also heard testimony from Misty Lucas, respondent’s counselor at the
    United Methodist Children’s Home located in Mount Vernon. Lucas is a licensed
    counselor. She testified that she worked with respondent from August 2010 until January
    2013 on a weekly basis for juvenile sex offender treatment and has had contact with
    respondent approximately two times per year since that time. Based on her observations
    of respondent over the past several years, Lucas testified that she had seen great growth
    in respondent and that respondent had shown remorse and empathy for his victims. Lucas
    testified she did not consider respondent to be a risk to the community.
    ¶ 10   The court additionally considered the testimony of respondent and respondent’s
    father, K.D., as well as victim statements. Respondent and K.D. testified that respondent
    had matured from the time the incidents took place, and opined that respondent posed no
    risk to the community. The victim statements, read by the mothers of the victims,
    recounted the appalling encounters between respondent and the minor victims and
    pleaded that respondent’s sex offender registration not be terminated.
    5
    ¶ 11   Following the hearing, the court entered an order on January 18, 2017, denying
    respondent’s petition to terminate his sexual offender registration. The court called the
    factual basis underlying the adjudication both “disturbing and disgusting” and observed
    that both of respondent’s victims were between two and four years old at the time the
    offenses were committed. The court found the evidence clearly demonstrated respondent
    gained the trust of the victims and the victims’ parents, and after doing so, respondent
    repeatedly molested the children over a period of months until he “grew bored.” The
    court noted that respondent chose L.B., one of the victims, because “he could get away
    with it and she would be easy.”
    ¶ 12   The court further concluded that respondent’s testimony lacked credibility. The
    court found there were inconsistencies regarding respondent’s testimony, which were not
    explained to the court’s satisfaction, and observed respondent’s manner and tone to be
    “well-rehearsed” and “less than forthright.” The court stated it considered Lucas’s
    testimony that respondent was not a risk to the community, but found it to be of minimal
    probative value because Lucas had not been in close contact with respondent for
    approximately three years.
    ¶ 13   In its conclusion, the court stated, in relevant part:
    “[T]he Court finds [respondent] has failed to prove by a preponderance of the
    evidence that he poses ‘no risk’ to the community. Both experts found him to be
    low risk. The Court is unwilling to give that statutory direction a lesser meaning.
    The Legislature chose to make the standard ‘no risk.’ Low risk is not the same as
    6
    no risk. The Court finds by a preponderance of the evidence that [respondent] is a
    low risk to the community; however, that does not meet the standard set out in 730
    ILCS 150 3/5. Based on the evidence presented, the Court cannot find the burden
    to prove he is no risk to the community has been met.”
    ¶ 14   Respondent filed a motion to reconsider on February 17, 2017. In his motion,
    respondent indicated that the court denied his petition to terminate his sexual registration
    because he failed to prove by a preponderance of the evidence under section 3-5 of the
    Act that he poses no risk to the community. 730 ILCS 150/3-5 (West 2014). Respondent
    asserted both Stover’s and Adkerson’s evaluation reports concluded respondent posed the
    lowest possible risk to the community and that he should be released from his sex
    offender registry requirements. Respondent argued that the interpretation of this statute to
    require a complete absence of risk renders it impossible to comply with and, therefore,
    meaningless. As respondent indicated, Adkerson’s evaluation report stated, “[a] finding
    of no risk is not possible, as some risk for sexual offense exists even among the general
    population for whom no prior sexual offenses have been identified.” Respondent further
    alleged that he met his burden by a preponderance of the evidence.
    ¶ 15   The court denied respondent’s motion, finding the totality of the evidence leads to
    the conclusion that respondent is a low risk to reoffend as opposed to no risk. The court
    rejected respondent’s argument regarding statutory interpretation. Specifically, the court
    concluded:
    “The thrust of the argument by [respondent] is that it is impossible to meet
    the burden of ‘no risk’ as no expert is likely to ever opine that absolute of an
    7
    opinion. In fact, both experts in this matter found [respondent] to be ‘low-risk’ to
    re-offend. The Court agrees that the statute creates a very high burden on a
    Petitioner.
    ***
    The statute clearly requires the Court to make a finding that the applicant
    presents no risk to the community. The Court must give that language meaning.
    No clearly means something different than low. The Court believes Counsel’s
    arguments that it is a very difficult, if not impossible, burden to be persuasive.
    However, that is a cry to change the legislation. This Court declines to do so.”
    ¶ 16   This appeal followed.
    ¶ 17                                   ANALYSIS
    ¶ 18   Prior to discussing the arguments raised by respondent in this appeal, we address
    the timeliness of our decision. Pursuant to Illinois Supreme Court Rule 660A(f) (eff. May
    1, 2013), which sets forth expedited procedures for appeals in juvenile delinquency
    proceedings, “[e]xcept for good cause shown, the appellate court shall file its decision
    within 150 days after the filing of the notice of appeal.” Accordingly, the decision in this
    case was due on September 9, 2017. However, the case was not placed on the oral
    argument schedule until September 28, 2017. For this reason, there is good cause to issue
    this decision after the 150-day deadline.
    ¶ 19   Turning to the merits, respondent raises two arguments on appeal. First,
    respondent argues the “no risk” requirement under section 3-5(d) of the Act—which, if
    8
    proven by a preponderance of the evidence, permits a court to terminate an individual’s
    sexual offender registration—creates an impossible burden to obtain and renders this
    statutory provision meaningless. Respondent requests that this court reverse and remand
    this cause with directions regarding the reasonableness of “no risk” under section 3-5(d).
    Second, respondent argues that the trial court, after considering the seven factors outlined
    in section 3-5(e) of the Act, erred in denying respondent’s petition to terminate his sexual
    offender registration. We address these contentions in turn.
    ¶ 20   Because respondent’s first argument concerns statutory interpretation, we apply
    de novo review. MD Electrical Contractors, Inc. v. Abrams, 
    228 Ill. 2d 281
    , 286 (2008).
    It is well settled that the primary rule of statutory construction is to ascertain and give
    effect to the intent of the legislature. Brucker v. Mercola, 
    227 Ill. 2d 502
    , 513 (2007). The
    best indication of legislative intent is the language of the statute itself, and, therefore, our
    inquiry appropriately begins with the words used by the legislature. 
    Brucker, 227 Ill. 2d at 513
    . Where the statutory language is clear and unambiguous, there is no need to resort
    to other aids of construction. 
    Brucker, 227 Ill. 2d at 513
    . Further, we may not depart from
    the plain language of the statute by reading into it exceptions, limitations, or conditions
    that conflict with the expressed intent. People v. Perry, 
    224 Ill. 2d 312
    , 323-24 (2007).
    However, where the language used is susceptible to more than one reasonable
    interpretation, the court may look to additional sources to determine the legislature’s
    intent. 
    Brucker, 227 Ill. 2d at 513
    -14. In order to ascertain the legislature’s intent, the
    court may properly consider not only the language of the statute, but also the purpose and
    necessity for the law, the evils sought to be remedied, and the goals to be achieved.
    9
    People v. Collins, 
    214 Ill. 2d 206
    , 214 (2005). When interpreting the plain language of a
    statute, we presume the legislature did not intend absurd, inconvenient, or unjust results.
    In re Rufus T., 
    409 Ill. App. 3d 969
    , 975-76 (2011).
    ¶ 21   The statutory provision at issue in this case is section 3-5 of the Act, which
    specifies the rights and obligations of juvenile delinquents who are subject to the Act.
    730 ILCS 150/3-5 (West 2014). In relevant part, section 3-5 provides:
    “(d) The court may upon a hearing on the petition for termination of
    registration, terminate registration if the court finds that the registrant poses no
    risk to the community by a preponderance of the evidence based upon the factors
    set forth in subsection (e).
    ***
    (e) To determine whether a registrant poses a risk to the community as
    required by subsection (d), the court shall consider the following factors:
    (1) a risk assessment performed by an evaluator licensed under the
    Sex Offender Evaluation and Treatment Provider Act [(225 ILCS 109/1 et
    seq. (West 2014))];
    (2) the sex offender history of the adjudicated juvenile delinquent;
    (3) evidence of the adjudicated juvenile delinquent’s rehabilitation;
    (4) the age of the adjudicated juvenile delinquent at the time of the
    offense;
    (5) information related to the adjudicated juvenile delinquent’s
    mental, physical, educational, and social history;
    10
    (6) victim impact statements; and
    (7) any other factors deemed relevant by the court.
    (f) At the hearing set forth in subsections (c) and (d), a registrant shall be
    represented by counsel and may present a risk assessment conducted by an
    evaluator who is licensed under the Sex Offender Evaluation and Treatment
    Provider Act.” 730 ILCS 150/3-5(d), (e), (f) (West 2014).
    ¶ 22   As previously stated, respondent contends that the “no risk” requirement under
    section 3-5(d) creates an impossible burden. In support of his argument, respondent
    asserts that experts in the field of sex offender treatment will never make a formal finding
    lower than “low risk.” As respondent indicates, Adkerson’s report, which concluded
    respondent was a “low risk” to the community, stated “[a] finding of no risk is not
    possible, as some risk for sexual offense exists even among the general population for
    whom no prior sexual offenses have been identified.” Respondent contends it is irrational
    that a court must make a finding of “no risk” in order to terminate sexual offender
    registration, but must consider a risk assessment performed by a licensed evaluator
    pursuant to section 3-5(e) of the Act which will not label a petition lower than “low risk.”
    Respondent further argues the legislative history indicates the court was intended to have
    discretion in determining whether to grant a petition to terminate sexual offender
    registration, and the plain language of the statute has stripped the court of that discretion.
    ¶ 23   After careful consideration, we do not find the statutory language at issue to be
    ambiguous. Section 3-5(d) clearly requires the court to make a finding, by a
    preponderance of the evidence, that the applicant poses “no risk” to the community. 730
    11
    ILCS 150/3-5(d) (West 2014). The phrase “no risk” requires no construction. As set forth
    above, where the statute’s language is clear and unambiguous, we must apply it as written
    without resort to extrinsic aids to statutory construction. 
    Perry, 224 Ill. 2d at 323
    .
    Moreover, the rules of statutory construction dictate that we not look beyond the plain
    language of the Act unless a literal interpretation would produce an absurd result. Grams
    v. Autozone, Inc., 
    319 Ill. App. 3d 567
    , 570 (2001). Here, we find nothing which suggests
    “no risk” within the meaning of section 3-5(d) is ambiguous or absurd.
    ¶ 24   Further, contrary to respondent’s assertion, we do not find this provision creates an
    impossible burden for respondent to obtain. We are also unconvinced by respondent’s
    argument concerning legislative intent. As previously stated, respondent argues the
    legislative history indicates the court was intended to have discretion in deciding whether
    to grant a petition to terminate sexual offender registration. Respondent asserts the plain
    language of section 3-5(d) has stripped the court of discretion, and instead “requires a
    petitioner to meet the bright-line burden of ‘no risk.’ ”
    ¶ 25   The Act sets forth a comprehensive scheme providing for the registration of sex
    offenders. People v. Beard, 
    366 Ill. App. 3d 197
    , 199 (2006). Our supreme court has
    observed that “the legislature’s intent in requiring registration of sex offenders was to
    create an additional measure of protection for children from the increasing incidence of
    sexual assault and child abuse.” People v. Malchow, 
    193 Ill. 2d 413
    , 420 (2000).
    Protection of the public, rather than punishing sex offenders, is the intent of the Act.
    People v. Bonner, 
    356 Ill. App. 3d 386
    , 388-89 (2005). Regarding section 3-5 of the Act,
    the Second District Appellate Court has observed that this provision “was intended to
    12
    protect the rights of juveniles who committed less serious sex offenses and prevent them
    from having to spend their adult lives registered as sex offenders.” In re Rufus T., 409 Ill.
    App. 3d at 974.
    ¶ 26   The legislative history of section 3-5 shows the legislature intended to create an
    outlet that would apply in certain cases. Specifically, the legislature envisioned that some
    juveniles would be able to obtain relief from the continuous burden of being registered as
    a sex offender. To obtain relief, the legislature adopted a preponderance of the evidence
    as the burden of proof. Our supreme court has defined a preponderance of the evidence as
    that evidence which renders a fact more likely than not. People v. Brown, 
    229 Ill. 2d 374
    ,
    385 (2008). After careful consideration, we find this burden is not unreasonable or
    impossible to satisfy. If the statute employed an “impossible burden” as respondent
    suggests, it would be a much heavier burden of proof such as beyond a reasonable doubt
    or clear and convincing evidence. By adopting a preponderance of the evidence as the
    burden of proof, the legislature afforded petitioners the opportunity to prove they pose
    “no risk” to the community. In this case, the court, after considering the factors outlined
    in section 3-5(e) of the Act (which included the evaluations concluding respondent was a
    low risk to the community), simply determined respondent failed to meet that burden.
    730 ILCS 150/3-5(e) (West 2014). It is clear that the burden of proof adopted by the
    legislature is not unreasonable or unattainable.
    ¶ 27   In sum, we do not find that the “no risk” requirement under section 3-5(d) creates
    an impossible burden. Although we agree the statute creates a very high burden on
    respondent, a showing of “no risk,” while under limited circumstances, is not
    13
    unreasonable or impossible to obtain. It was possible for respondent to prove he posed no
    risk to the community by a preponderance of the evidence. We further note that the
    offenses committed by respondent are a far cry from the “less serious sex offenses”
    section 3-5 is intended to protect. For these reasons, we reject respondent’s argument.
    ¶ 28   Respondent’s second argument on appeal alleges that the trial court erred in
    denying his petition to terminate sexual offender registration. As previously stated,
    section 3-5(d) of the Act provides that a court may terminate a sexual offender’s
    registration if it finds the registrant poses “no risk” to the community by a preponderance
    of the evidence. 730 ILCS 150/3-5(d) (West 2014). Again, our supreme court has defined
    a preponderance of the evidence as the amount of evidence that leads a trier of fact to
    conclude a fact is more probable than not. In re Arthur H., 
    212 Ill. 2d 441
    , 464 (2004).
    Thus, respondent was required to submit sufficient evidence to the court that it was more
    probable than not he posed “no risk” to the community. As previously stated, in order to
    make such a determination, section 3-5(e) of the Act directs the court to consider the
    following factors: a risk assessment performed by a licensed evaluator; sex offender
    history and evidence of rehabilitation of the adjudicated juvenile delinquent; the age of
    the adjudicated delinquent at the time of the offense; information about the mental,
    physical, educational, and social history of the adjudicated juvenile delinquent; victim
    impact statements; and any other factors deemed relevant by the court. 730 ILCS 150/5­
    3(e) (West 2014).
    ¶ 29   In this case, the trial court found respondent failed to meet his burden of
    establishing he posed “no risk” to the community. In reviewing the trial court’s
    14
    conclusion on appeal, we are confined to deciding whether it was against the manifest
    weight of the evidence. Eychaner v. Gross, 
    202 Ill. 2d 228
    , 251 (2002) (“In close cases,
    where findings of fact depend on the credibility of witnesses, it is particularly true that a
    reviewing court will defer to the findings of the trial court unless they are against the
    manifest weight of the evidence.”). A decision is against the manifest weight of the
    evidence only where an opposite conclusion is clearly apparent or where the findings
    appear to be unreasonable, arbitrary, or not based on the evidence presented. 
    Eychaner, 202 Ill. 2d at 252
    . Under the manifest weight standard, great deference is afforded to the
    trial court as the finder of fact because it is in the best position to observe the conduct and
    demeanor of the parties and witnesses. Best v. Best, 
    223 Ill. 2d 342
    , 350 (2006). As the
    trial court sits in a superior position to observe the parties and witnesses, we will not
    substitute our judgment for that of the trial court regarding the credibility of the
    witnesses, the weight to be given the evidence, or the inferences to be drawn. 
    Best, 223 Ill. 2d at 350-51
    . In other words, we must draw all reasonable evidentiary inferences in
    support of the trial court’s judgment, and the trial court’s judgment will not be reversed
    unless an opposite conclusion is clearly apparent. Wildman, Harrold, Allen & Dixon v.
    Gaylord, 
    317 Ill. App. 3d 590
    , 599 (2000).
    ¶ 30   Here, respondent presented evidence that showed he made progress through his
    efforts in rehabilitation. This evidence included the evaluations conducted by Stover and
    Adkerson, which concluded respondent was a low risk to the community and
    recommended that respondent be released from his sex offender requirements. The court
    also heard testimony from Lucas, respondent’s treatment provider at the United
    15
    Methodist Children’s Home, who testified that respondent had completed all of his
    treatment and therapy requirements, and who opined that respondent posed no risk to the
    community. The court was aware respondent had completed his required evaluations and
    treatments and acknowledged respondent had made improvements in his evaluations over
    the years. The court also acknowledged respondent’s evaluators thought highly of him.
    The court was further aware that respondent was in the process of successfully continuing
    his education in college, and stated it was impressed with respondent’s support structure.
    ¶ 31   However, the court questioned the reliability of respondent’s testing. The court
    noted Adkerson’s testing of respondent contained inconsistent response patterns that
    could reduce the validity of the test results and found Adkerson’s report of respondent
    having questionable impulse control to be of concern. The court also noted it was
    concerned with the State’s evaluation conducted after respondent’s sentencing, which
    cautioned there may be a misleading impression of rapid progress, and found Lucas’s
    testimony to be of minimal probative value because Lucas had not been in close contact
    with respondent for more than three years.
    ¶ 32   Furthermore, the court made detailed findings that clearly support its decision
    denying respondent’s petition. Specifically, the court found respondent’s testimony
    lacked credibility, as there were inconsistencies regarding respondent’s testimony, which
    were not explained to the court’s satisfaction. The court concluded respondent’s “manner
    and tone seemed well-rehearsed and appeared to be less than forthright” and was
    concerned with respondent’s maturity and the effect of releasing him from registration
    while the victims are still minors. The court concluded that continued registration would
    16
    offer some protection to the minor victims without risk that the victims would have to
    reveal to third parties the circumstances of the incidents in order to avoid situations where
    respondent is present. While the court determined respondent proved by a preponderance
    of the evidence that he is a “low risk” to the community, it concluded he failed to meet
    his burden of establishing he poses “no risk” to the community as required under section
    3-5(d) of the Act. 730 ILCS 150/3-5(d) (West 2014).
    ¶ 33   In light of the foregoing, we cannot say that the trial court’s decision denying
    respondent’s petition was against the manifest weight of the evidence. A careful review
    of the record shows the court was presented conflicting testimony and evidence, and the
    court weighed that conflicting testimony and evidence accordingly before reaching its
    decision denying respondent’s petition. The record further shows that in reaching its
    decision, the court appropriately considered the seven factors listed under section 3-5(e)
    of the Act. 730 ILCS 150/3-5(e) (West 2014). As a reviewing court, we will not reverse a
    trial court’s decision simply because we might have reached a different conclusion based
    on conflicting evidence. Bank of Elk Grove v. City of Joliet, 
    167 Ill. App. 3d 457
    , 461
    (1988). As previously stated, this is because the trial court sits in the best position to
    observe the conduct and demeanor of the witnesses. Here, although we may have
    weighed the evidence differently, we cannot say the court’s judgment was unreasonable,
    arbitrary, or not based on the evidence. Accordingly, we reject respondent’s argument.
    17
    ¶ 34                                 CONCLUSION
    ¶ 35   In sum, we conclude that section 3-5(d) of the Act clearly requires an individual to
    prove he poses “no risk” to the community by a preponderance of the evidence in order to
    permit a court to terminate his or her sexual offender registration. This is not an
    impossible burden to obtain. However, considering that medical experts refuse to label an
    offender as “no risk” (the lowest recognized category by the treatment providers in this
    case was “low risk” or “lowest possible risk”), we encourage the legislature to reconsider
    that standard. We further conclude that the court’s decision denying respondent’s petition
    was not against the manifest weight of the evidence. For these reasons, we affirm the
    order of the circuit court of Williamson County, denying respondent’s petition to
    terminate his sexual offender registration. We note that nothing in this opinion prevents
    respondent from seeking relief in the future.
    ¶ 36   Affirmed.
    18
    
    2017 IL App (5th) 170133
    NO. 5-17-0133
    IN THE
    APPELLATE COURT OF ILLINOIS
    FIFTH DISTRICT
    ______________________________________________________________________________
    In re T.J.D., a Minor                     )     Appeal from the
    )     Circuit Court of
    (The People of the State of Illinois,     )     Williamson County.
    )
    Petitioner-Appellee,              )
    )
    v. 	                                      )     No. 10-JD-26
    )
    T.J.D.,                                   )     Honorable
    )     Jeffrey A. Goffinet,
    Respondent-Appellant).            )     Judge, presiding.
    ______________________________________________________________________________
    Opinion Filed:          November 16, 2017
    ______________________________________________________________________________
    Justices:               Honorable Richard P. Goldenhersh, J.
    Honorable John B. Barberis, J., and
    Honorable David K. Overstreet, J.,
    Concur
    ______________________________________________________________________________
    Attorney          Andrew T. Flynn, Lawler Brown Law Firm, 1600 W. Main Street, P.O.
    for               Box 1148, Marion, IL 62959
    Appellant
    ______________________________________________________________________________
    Attorneys         Hon. Brandon Zanotti, State’s Attorney, Williamson County Courthouse,
    for               Marion, IL 62959; Patrick Delfino, Director, David J. Robinson, Acting
    Appellee          Deputy Director, Patrick D. Daly, Sharon Shanahan, Staff Attorneys,
    Office of the State’s Attorneys Appellate Prosecutor, 730 East Illinois
    Highway 15, Suite 2, P.O. Box 2249, Mt. Vernon, IL 62864
    ______________________________________________________________________________
    

Document Info

Docket Number: NO. 5–17–0133

Citation Numbers: 2017 IL App (5th) 170133, 90 N.E.3d 1030

Judges: Goldenhersh

Filed Date: 11/16/2017

Precedential Status: Non-Precedential

Modified Date: 10/19/2024