People v. Spurlock ( 2009 )


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  •                                                            NO. 5-07-0161
    N O T IC E
    Decision filed 02/26/09. The text of
    IN THE
    this dec ision m ay b e changed or
    corrected prior to the              filing of a
    APPELLATE COURT OF ILLINOIS
    P e t i ti o n   for     Re hea ring   or   the
    disposition of the same.
    FIFTH DISTRICT
    _________________________________________________________________________
    THE PEOPLE OF THE STATE OF ILLINOIS,) Appeal from the
    ) Circuit Court of
    Plaintiff-Appellant,                ) Pulaski County.
    )
    v.                                     ) No. 06-CF-39
    )
    CHAD SPURLOCK,                         ) Honorable
    ) William J. Thurston,
    Defendant-Appellee.                 ) Judge, presiding.
    ________________________________________________________________________
    JUSTICE STEWART delivered the opinion of the court:
    The State of Illinois appeals from an order of the circuit court of Pulaski County,
    Illinois, dismissing criminal charges and dismissing a petition filed under the Sexually
    Dangerous Persons Act (the Act) (725 ILCS 205/0.01 et seq. (West 2006)). The circuit
    court's dismissal of the proceedings was based on a violation of the speedy trial statute (725
    ILCS 5/103-5 (West 2006)). This appeal presents an issue of first impression: whether the
    filing of a petition under the Act stays the underlying criminal proceeding, including the time
    allowed to commence the defendant's trial under the speedy trial statute. Considering the
    language and history of the statutes involved, we hold that the filing of a petition under the
    Act stays the criminal proceeding, including the statutory speedy trial period, during the
    pendency of the proceedings under the Act. Accordingly, we reverse the circuit court's
    dismissal order and remand for further proceedings.
    BACKGROUND
    On March 30, 2006, the State charged the defendant, Chad Spurlock, with two counts
    of criminal sexual assault and one count of intimidation. The defendant was arrested and
    1
    taken into custody the same day, and he remained in custody throughout the proceedings in
    the circuit court. On May 11, 2006, the defendant made an oral motion for a fitness
    examination, and the circuit court entered an order on May 17, 2006, granting the fitness
    examination. On July 10, 2006, the circuit court conducted a fitness hearing pursuant to
    section 104-16 of the Code of Criminal Procedure of 1963 (725 ILCS 5/104-16 (West
    2006)), and the court found the defendant unfit to stand trial. The circuit court remanded
    the defendant to the Department of Human Services for treatment.
    At a hearing held on October 16, 2006, the circuit court found that the defendant had
    been rehabilitated by his treatment and that he was fit to stand trial. The trial court
    scheduled the defendant's jury trial to begin on November 27, 2006. At that point, 34 days
    had passed for speedy trial purposes, and the State and the defendant agreed that the
    November 27, 2006, trial setting was timely under the defendant's statutory speedy trial
    rights. On November 6, 2006, however, the State filed a petition pursuant to the Act to have
    the defendant declared a sexually dangerous person. Under the Act, if a jury finds the
    defendant to be a sexually dangerous person, he is committed to the custody of the Director
    of Corrections for care and treatment and does not face criminal punishment for the charged
    criminal offenses. 725 ILCS 205/8, 9 (West 2006).
    At a pretrial hearing held on November 6, 2006, the circuit court stated, "I believe
    under the statute [the sexually dangerous persons petition] immediately puts a stop to the
    proceedings that are occurring in the criminal case which is [No.] 06-CF-39." The trial court
    stated that it was removing the criminal case from the November jury docket, and the
    defendant's attorney stated: "[S]ince the petition has been filed, we cannot object as far as
    tolling. But I would bring to the Court's attention the fact that my client is in custody, and
    he does have a right to a speedy trial."
    On January 8, 2007, the State filed a request for the sexually dangerous persons
    2
    petition to be docketed for a jury trial. The State's motion alleged that the speedy trial statute
    (725 ILCS 5/103-5 (West 2006)) required a trial on the criminal charges before March 7,
    2007. The State, therefore, requested a February 2007 trial setting on the sexually dangerous
    persons petition to avoid any conflict with the speedy trial statute. On January 12, 2007, the
    defendant filed a motion to dismiss the sexually dangerous persons petition pursuant to
    section 2-619 of the Code of Civil Procedure (735 ILCS 5/2-619 (West 2006)). The issues
    the defendant raised in his motion to dismiss were unrelated to the speedy trial statute.
    At a January 29, 2007, status hearing, the court scheduled the jury trial on the
    sexually dangerous persons petition for February 26, 2007. The court scheduled a hearing
    on the defendant's motion to dismiss the petition for February 15, 2007. The defendant's
    attorney told the trial court that he would also like the criminal case to "be called up" at the
    February 15 hearing. The State told the court that, under the Act, if the defendant was found
    to be a sexually dangerous person, the State would be precluded from proceeding with the
    underlying criminal charges. The State maintained, therefore, that the sexually dangerous
    persons petition "tabled" the criminal case. The defendant, however, argued that the case
    involved two separate proceedings and that the criminal case was still ongoing. The court
    did not make any determination on that issue at the January 29, 2007, hearing and directed
    the defendant to file a motion if he believed he was entitled to any relief.
    On February 15, 2007, the parties appeared in court on the defendant's motion to
    dismiss the sexually dangerous persons petition, and the circuit court denied the motion.
    The State requested the court to set a deadline for any further motions in the sexually
    dangerous persons proceeding, but the defendant's attorney stated that he intended to utilize
    "each and every" discovery option available for civil cases, including interrogatories,
    requests to admit facts, and depositions. The defendant, therefore, requested a continuance
    in the sexually dangerous persons proceeding, but he wanted to "stand firm" on the trial date
    3
    for the criminal matter and not waive his right to a speedy trial. The State again argued that
    the filing of the sexually dangerous persons petition "tabled" the criminal case. The
    defendant countered that the State could enter a nolle prosequi in the criminal case if it could
    not proceed with the sexually dangerous persons petition before the expiration of the 120-
    day speedy trial period. The State disagreed, noting that the Act required pending criminal
    charges and that the criminal charges would no longer be pending if it entered a nolle
    prosequi.
    The trial court stated that it had not found any authority which indicated that the filing
    of the sexually dangerous persons petition tolled the defendant's statutory speedy trial rights
    on the underlying criminal charges. The trial court concluded that, in the absence of case
    law, it was going to err "on the side of protecting the speedy trial demand." Therefore, the
    court found that the filing of the sexually dangerous persons petition did not toll the running
    of the defendant's statutory speedy trial period. The State told the court that it would be
    ready to proceed with a trial on the sexually dangerous persons petition on the scheduled
    February 26, 2007, trial date. The defendant argued that since the trial court had just denied
    his motion to dismiss, he needed time to answer the sexually dangerous persons petition and
    conduct discovery before a trial on the sexually dangerous persons petition.
    At the conclusion of the February 15, 2007, hearing, the circuit court set the criminal
    case for a jury trial on March 26, 2007, which the court determined to be timely under the
    defendant's statutory speedy trial rights. The court also stated that the State had the right to
    a trial on the sexually dangerous persons petition prior to a trial on the criminal charges.
    Therefore, the trial court stated that it would accommodate a trial on the sexually dangerous
    persons petition prior to a trial on the criminal charges. The court granted the defendant's
    motion to continue the February 26, 2007, trial setting on the sexually dangerous persons
    petition, and the court reset the matter for a scheduling conference on February 20, 2007.
    4
    On February 20, 2007, the State filed a motion to reconsider the setting of the
    criminal matter for trial. The State argued in its motion that whether to prosecute the
    defendant or seek treatment for him under the Act is a matter of the prosecution's discretion
    and that once filed, the sexually dangerous persons proceeding was in lieu of a prosecution.
    The State's motion noted that a key witness in the sexually dangerous persons proceeding
    would be out of the country the week of March 15, 2007. The State requested that the
    circuit court place the trial on the sexually dangerous persons petition back on the February
    26, 2007, docket or continue the trial on the defendant's motion to a time fair to both parties.
    On February 20, 2007, the defendant filed a motion to dismiss the criminal complaint for a
    violation of the speedy trial statute.
    On February 20, 2007, the circuit court conducted a scheduling conference. The
    court again held that the filing of the sexually dangerous persons petition did not toll the
    running of the 120-day speedy trial period on the underlying criminal offense. The circuit
    court scheduled the trial on the sexually dangerous persons petition for March 26, 2007, the
    same day on which the criminal trial was set to begin. The court set the matter for a final
    pretrial conference for March 20, 2007, at which time the court would give the defendant
    the option of going to trial on the sexually dangerous persons petition or on the criminal
    charges.
    At a pretrial hearing held on February 26, 2007, the court addressed the defendant's
    motion to dismiss the criminal charges based on the speedy trial statute. The circuit court
    calculated that 101 days had expired for speedy trial purposes up to that point in the
    proceedings. The court, therefore, denied the defendant's motion to dismiss the criminal
    case based on the speedy trial statute, but the court noted that the speedy trial period would
    expire by the March 26, 2007, trial date. The court, therefore, stated that it was prepared to
    make a special trial setting the following day, February 27, 2007, and offered the State the
    5
    opportunity to proceed to trial on the criminal case the following day. The court stated that
    the sexually dangerous persons petition would remain on the March docket, and the court
    concluded that it was not possible to try the sexually dangerous persons petition prior to the
    criminal case because of the approaching speedy trial deadline in the criminal case.
    The defendant announced that he was ready to go to trial on the criminal charges, but
    the State said it wanted to go to trial on the sexually dangerous persons petition, not the
    criminal charges. The court stated that the sexually dangerous persons petition would
    remain on the March docket. The State told the court that it was not going to proceed with
    the criminal matter on February 27, 2007, because it was inappropriate to force a trial on the
    criminal complaint prior to hearing the sexually dangerous persons petition. Accordingly,
    the State said it would not present any evidence if the criminal case was called to trial on
    February 27, 2007. The State requested a continuance of the criminal matter, and the trial
    court granted the State's request for a continuance over the defendant's objection. The court
    continued the criminal matter to the March 26, 2007, jury docket.
    On March 5, 2007, the State made a final attempt to have the sexually dangerous
    persons petition docketed. The State filed a request to docket the petition for trial prior to
    the expiration of the speedy trial term on March 17, 2007, but the defendant objected,
    maintaining that he had inadequate time to prepare for trial on the sexually dangerous
    persons petition. On March 7, 2007, the circuit court denied the State's request to docket the
    petition. On March 19, 2007, the defendant filed an amended motion to dismiss the criminal
    complaint based on an alleged violation of the defendant's statutory speedy trial rights. The
    circuit court granted the motion. The court dismissed the criminal complaint, and the court
    dismissed the sexually dangerous persons petition since there was no longer an underlying
    criminal complaint. The State filed a timely notice of appeal.
    6
    DISCUSSION
    The State contends that the trial court improperly dismissed the proceedings under
    the speedy trial statute. The circuit court's erroneous dismissal, the State argues, stems from
    the trial court improperly moving forward with the criminal proceeding and the sexually
    dangerous persons proceeding simultaneously. The State asserts that by separating the case
    into two different proceedings, the court allowed the defendant to delay the sexually
    dangerous persons proceeding with civil discovery requests while, at the same time,
    asserting his statutory speedy trial rights in the criminal case. The State argues that, to give
    effect to the legislature's intent, the statutes must be construed to provide for a suspension
    of the running of the criminal proceeding's speedy trial term upon the filing of a sexually
    dangerous persons petition. The defendant, however, argues that there is no language in the
    Act or in the speedy trial statute which provides for a stay of the 120-day speedy trial period
    when the State files a sexually dangerous persons petition. The defendant concludes that
    the circuit court correctly dismissed the proceedings because he was not brought to trial on
    the criminal charges within the speedy trial time provided by statute. We agree with the
    State's argument and hold that the legislature intended for a tolling of the statutory speedy
    trial period upon the filing of a sexually dangerous persons petition.
    To resolve this issue on appeal, we must construe the speedy trial statute and the Act
    in a way that puts into effect the legislature's intent. Our review of issues involving statutory
    construction is de novo and is guided by well-established rules. In re Detention of
    Lieberman, 
    201 Ill. 2d 300
    , 307, 
    776 N.E.2d 218
    , 223 (2002). The principal objective of
    statutory construction is to determine and give effect to the legislature's intent. In re
    Detention of Powell, 
    217 Ill. 2d 123
    , 135, 
    839 N.E.2d 1008
    , 1015 (2005). "All other rules
    of statutory construction are subordinate to this cardinal principle." In re Detention of
    
    Powell, 217 Ill. 2d at 135
    , 839 N.E.2d at 1015.
    7
    The best evidence of the legislative intent is the language of the statute itself, and the
    language should be "given its plain, ordinary[,] and popularly understood meaning." In re
    Detention of 
    Powell, 217 Ill. 2d at 135
    , 839 N.E.2d at 1015. The words and phrases
    contained within the language of a statute should not be considered in isolation but must be
    interpreted in light of other relevant provisions and the statute as a whole. Williams v.
    Staples, 
    208 Ill. 2d 480
    , 487, 
    804 N.E.2d 489
    , 493 (2004). If possible, we must give effect
    to every word, clause, and sentence and must not construe a statute in a way that renders any
    part inoperative, superfluous, or insignificant. Bauer v. H.H. Hall Construction Co., 
    140 Ill. App. 3d 1025
    , 1028, 
    489 N.E.2d 31
    , 33 (1986). We presume that the legislative intent
    did not include absurdity, inconvenience, or injustice. In re Detention of 
    Powell, 217 Ill. 2d at 135
    , 839 N.E.2d at 1015.
    In addition to the statutory language, the courts may consider the purpose behind the
    law and the evils sought to be remedied, as well as the consequences that would result from
    construing the law one way or the other. 
    Williams, 208 Ill. 2d at 487
    , 804 N.E.2d at 493.
    When more than one statute is at issue, we must construe the statutes in harmony with each
    other when reasonably possible, even when they are in apparent conflict. People v. Maya,
    
    105 Ill. 2d 281
    , 287, 
    473 N.E.2d 1287
    , 1290 (1985). "It is a canon of statutory construction
    that where the passage of a series of legislative acts results in confusion and consequences
    which the legislature may not have contemplated, courts must construe the acts in such a
    way as to reflect the obvious intent of the legislature and to permit practical application of
    the statutes." People ex rel. Community High School District No. 231 v. Hupe, 
    2 Ill. 2d 434
    ,
    448, 
    118 N.E.2d 328
    , 335 (1954). The courts may "alter, supply[,] or modify words and
    correct obvious mistakes" in order to "effectuate the intent of the legislature." People v.
    Garrison, 
    82 Ill. 2d 444
    , 455, 
    412 N.E.2d 483
    , 489 (1980). When a statute is capable of
    more than one reasonable interpretation, the statute will be deemed ambiguous, and the court
    8
    may consider extrinsic aids to construction, such as legislative history. People v. Collins,
    
    214 Ill. 2d 206
    , 214, 
    824 N.E.2d 262
    , 266 (2005).
    With these principles in mind, we first look to the relevant language of the statutory
    provisions at issue to determine the legislative intent with respect to sexually dangerous
    persons proceedings in relation to the statutory speedy trial time limit. The speedy trial
    statute provides that a defendant in custody must be tried "within 120 days from the date he
    was taken into custody." 725 ILCS 5/103-5(a) (West 2006). The sixth amendment and the
    due process clause of the United States Constitution and section 8 of article I of the Illinois
    Constitution guarantee a defendant the right to a speedy trial. U.S. Const., amends. VI, XIV,
    §1; Ill. Const. 1970, art. I, §8. Illinois's speedy trial statute implements this constitutional
    right. People v. Gooden, 
    189 Ill. 2d 209
    , 216-17, 
    725 N.E.2d 1248
    , 1252 (2000). However,
    "the constitutional right and the statutory right are not coextensive." 
    Gooden, 189 Ill. 2d at 217
    , 725 N.E.2d at 1252.
    A defendant who is not tried within the time period designated by the speedy trial
    statute must be discharged from custody, and the charges must be dismissed. 725 ILCS
    5/103-5(d) (West 2006); People v. Kliner, 
    185 Ill. 2d 81
    , 114-15, 
    705 N.E.2d 850
    , 869
    (1998). The statute includes a list of circumstances that suspend the statutory 120-day term
    and allow a defendant in custody to be brought to trial beyond 120 days. These enumerated
    exceptions include delay occasioned "by the defendant, by an examination for fitness
    ordered pursuant to Section 104-13 of [the Code of Criminal Procedure of 1963], by a
    fitness hearing, by an adjudication of unfitness to stand trial, by a continuance allowed
    pursuant to Section 114-4 of [the Code of Criminal Procedure of 1963] after a court's
    determination of the defendant's physical incapacity for trial, or by an interlocutory appeal."
    725 ILCS 5/103-5(a) (West 2006). A separate section of the statute expressly provides for
    tolling the speedy trial term for any delay "occasioned by the defendant." 725 ILCS 5/103-
    9
    5(f) (West 2006).
    The legislature's enumerated exceptions do not expressly include a suspension of the
    120-day speedy trial term for an examination ordered pursuant to the Act or a hearing on a
    sexually dangerous persons petition. Our analysis does not end here, however, because our
    objective is to ascertain the intent of the legislature and to construe the statute in a manner
    that gives effect to the legislative intent. This analysis requires us to consider the speedy
    trial statute in conjunction with the language, objective, and purpose of the Act. The
    legislative path leading to the Act evidences a legislative intent to establish rehabilitation as
    an alternative to criminal punishment. We believe that in order to carry out this purpose, the
    legislature intended that the filing of a sexually dangerous persons petition would result in
    a stay of any further proceedings on the criminal complaint until a resolution of the issues
    raised in the sexually dangerous persons petition.
    The predecessor to the Act was enacted in 1938, and it provided for the commitment
    and detention of "criminal sexual psychopathic persons." Ill. Rev. Stat. 1939, ch. 38, par.
    820 et seq. The 1938 statute defined criminal sexual psychopathic persons as "[a]ll persons
    suffering from a mental disorder, and not insane or feebleminded, which mental disorder has
    existed for a period of not less than one (1) year, immediately prior to the filing of the
    petition hereinafter provided for, coupled with criminal propensities to the commission of
    sex offenses." Ill. Rev. Stat. 1939, ch. 38, par. 820. The law applied to persons who were
    charged with a crime and who were not yet convicted. People ex rel. Elliott v. Juergens, 
    407 Ill. 391
    , 394, 
    95 N.E.2d 602
    , 603 (1950). If it appeared to the State's Attorney that a
    defendant with pending criminal charges was a criminal sexual psychopath, as that term was
    defined under this statute, the State's Attorney could file a petition in the criminal proceeding
    and request two qualified psychiatrists to examine the defendant and file a report. Ill. Rev.
    Stat. 1939, ch. 38, pars. 822, 823. The statute specifically provided for a trial by jury on the
    10
    petition "[b]efore trial on the criminal offense." Ill. Rev. Stat. 1939, ch. 38, par. 824. If the
    jury found the accused to be a criminal sexual psychopath, the accused was confined with
    the Department of Public Welfare for treatment. Ill. Rev. Stat. 1939, ch. 38, par. 824.
    Finally, the 1938 statute provided for a discharge of the defendant upon a jury finding that
    he had recovered from his "psychopathy," at which time he was to be committed to the
    custody of the sheriff to stand trial for the criminal offense charged against him. Ill. Rev.
    Stat. 1939, ch. 38, par. 825; People v. Sims, 
    382 Ill. 472
    , 474, 
    47 N.E.2d 703
    , 704 (1943).
    When this statute was enacted in 1938, its purpose was similar to the purpose of
    "statutes providing for an inquiry into the sanity of one charged with crime before trial on
    the indictment." People v. Redlich, 
    402 Ill. 270
    , 275, 
    83 N.E.2d 736
    , 739 (1949). The
    proceeding had no connection with determining the defendant's guilt or innocence. 
    Redlich, 402 Ill. at 276
    , 83 N.E.2d at 740. The statute was an enlargement of the common law rule
    that an insane person "could not be required to plead to an indictment or be placed upon his
    trial for the crime charged." 
    Redlich, 402 Ill. at 275
    , 83 N.E.2d at 739. The legislature
    enlarged the common law rule to include persons who were not insane but were suffering
    from a mental disorder described in the statute. 
    Redlich, 402 Ill. at 275
    , 83 N.E.2d at 740.
    The "sole object of the proceeding [was] to ascertain the mental condition of the accused
    *** so as to determine if he should be required to plead to the indictment and be placed upon
    trial for the offense charged." 
    Redlich, 402 Ill. at 276
    , 83 N.E.2d at 740.
    At the time the 1938 statute was enacted, the speedy trial statute required the State
    to try a defendant in custody within four months from the date he was taken into custody.
    Ill. Rev. Stat. 1939, ch. 38, par. 748. The 1938 statute, however, did not contain a deadline
    for the State to file a petition under the statute, and it did not incorporate any deadline for
    conducting a hearing on the petition. The statute's only requirement was that there "shall"
    be a hearing on the defendant's mental condition "[b]efore trial on the criminal offense." Ill.
    11
    Rev. Stat. 1939, ch. 38, par. 824. The proceeding was "preliminary to [a] trial upon the
    indictment," and the legislative intent "was to prevent a person afflicted with such mental
    disorder from being tried for a criminal offense until he had recovered from such
    psychopathy." 
    Redlich, 402 Ill. at 276
    , 83 N.E.2d at 740.
    In Redlich, the supreme court alluded to the practice under the 1938 statute of staying
    the criminal proceeding in order to carry out this legislative intent. The supreme court in
    Redlich emphasized the necessity of a hearing on the defendant's mental condition prior to
    the criminal trial. The court stated: "A determination of [a defendant's] mental condition in
    [a proceeding under the statute] could serve no purpose and have no legal effect after [the
    defendant's] trial and conviction. His trial for the criminal offense cannot be stayed if it has
    already taken place." (Emphasis added.) 
    Redlich, 402 Ill. at 276
    , 83 N.E.2d at 740. The
    1938 statute did not contain any provision for staying the criminal proceeding, but this
    language in Redlich indicates that the practice under the 1938 statute was to stay the criminal
    trial until a determination of the defendant's mental condition. This procedure served the
    legislative purpose of preventing a person afflicted with a mental disorder from being tried
    for a criminal offense until he had recovered from his mental disorder. Therefore, it is
    evident that in enacting the 1938 statute, the legislature did not contemplate two separate
    proceedings simultaneously progressing on two different tracks.
    The language of the 1938 statute remained largely unchanged until 1955, when the
    legislature significantly amended the statute. Ill. Rev. Stat. 1955, ch. 38, par. 820.01 et seq.
    The 1955 amendment referred to the accused as a sexually dangerous person rather than a
    criminal sexual psychopathic person. The 1955 amendment added a new section clarifying
    that proceedings under the statute are civil in nature. Ill. Rev. Stat. 1955, ch. 38, par.
    822.01. Despite being civil in nature, the legislature added the right to a trial by jury and the
    right to have an attorney present. Ill. Rev. Stat. 1955, ch. 38, par. 824. Finally, the
    12
    legislature deleted the language requiring the accused to be committed to the custody of the
    sheriff to stand trial on the crimes charged against him upon discharge. Ill. Rev. Stat. 1955,
    ch. 38, par. 825c. After the 1955 amendment, the statute provided for the sexually
    dangerous person to be conditionally released upon recovery from his mental disorder, but
    it was silent on whether he would still stand trial on the prior criminal charges. Ill. Rev. Stat.
    1955, ch. 38, par. 825c. In 1963, the legislature amended the statute to expressly state that
    "[u]pon *** discharge every outstanding information and indictment, the basis of which was
    the reason for the present detention, shall be quashed." Ill. Rev. Stat. 1963, ch. 38, par. 105-
    9.
    These amendments to the Act reflected a change in the legislative purpose of the Act
    from punishment to rehabilitative treatment. People v. Trainor, 
    196 Ill. 2d 318
    , 324, 
    752 N.E.2d 1055
    , 1059 (2001). The statutory scheme no longer provides for the treatment and
    recovery of the accused before having to plead or stand trial. Instead, the Act now provides
    for treatment and recovery in lieu of a criminal prosecution, and the Act's goal is to grant the
    sexually dangerous person an opportunity to receive help for his propensity to commit sexual
    offenses. People v. Galba, 
    273 Ill. App. 3d 95
    , 100-01, 
    652 N.E.2d 400
    , 404-05 (1995).
    The supreme court has stated that the purpose of the Act is to prevent mentally ill persons
    from being held criminally responsible for crimes committed while mentally ill. People v.
    Allen, 
    107 Ill. 2d 91
    , 105, 
    481 N.E.2d 690
    , 697 (1985), aff'd, Allen v. Illinois, 
    478 U.S. 364
    ,
    
    92 L. Ed. 2d 296
    , 
    106 S. Ct. 2988
    (1986).
    To give effect to this legislative purpose, we must construe the Act to provide for a
    stay of proceedings on the criminal complaint upon the filing of a sexually dangerous
    persons petition, until the issues concerning the accused's mental status are resolved. The
    stay of the criminal proceeding must necessarily include a stay of the running of the speedy
    trial term. Otherwise, the speedy trial statute may defeat the legislative purpose outlined
    13
    above. An expiring speedy trial term could force a sexually dangerous person to stand trial
    on the criminal charges before there has been a determination of his mental condition and
    an opportunity for treatment and rehabilitation. Alternatively, if the underlying criminal
    charge is dismissed on speedy trial grounds, the sexually dangerous persons petition must,
    likewise, be dismissed because a person cannot be committed as a sexually dangerous person
    after the resolution of the underlying criminal charge. Both results are plainly contrary to
    the statutory scheme of treatment and rehabilitation.
    Whether to proceed with a sexually dangerous persons proceeding rests within the
    discretion of the State's Attorney, and the supreme court has stated that the proceedings are
    "in lieu of a criminal prosecution." People v. Lawton, 
    212 Ill. 2d 285
    , 288, 
    818 N.E.2d 326
    ,
    329 (2004). "In lieu of" is defined as follows: "Instead of; in place of; in substitution of.
    It does not mean 'in addition to.' " Black's Law Dictionary 787 (6th ed. 1990). The
    legislature did not intend for both the criminal proceeding and the sexually dangerous
    persons commitment proceeding to go forward simultaneously on separate tracks. The
    legislature intended for the State to "disavow[] any interest in punishment" by electing to
    proceed under the Act. Allen v. Illinois, 
    478 U.S. 364
    , 370, 
    92 L. Ed. 2d 296
    , 305, 106 S.
    Ct. 2988, 2992 (1986).
    The procedural history of the present case highlights the importance of a stay of the
    criminal proceeding in order to give effect to the legislative intent. The defendant in the
    present case maintained that he was ready for trial on the criminal charges and insisted on
    compliance with the statutory 120-day speedy trial time limit. At the same time, he
    maintained that he was not ready to proceed on the sexually dangerous persons petition,
    insisted on a trial setting beyond the 120-day time period, and delayed the jury trial on the
    sexually dangerous persons petition with pretrial motions and discovery requests. The
    defendant prevented a hearing on the sexually dangerous persons petition before the
    14
    expiration of the 120-day speedy trial term on the underlying criminal charges. The lack of
    a stay of the criminal proceeding, therefore, defeated the State's ability to proceed on the
    sexually dangerous persons petition and nullified the legislative intent of the Act to provide
    the defendant with treatment and rehabilitation.
    These facts illustrate that the State is unable to implement the Act in the manner the
    legislature intended without a stay of the underlying criminal proceeding. The Act cannot
    function properly without a stay. The State's Attorney cannot file a sexually dangerous
    persons petition until it appears that an accused is a sexually dangerous person as defined
    under the Act (725 ILCS 205/3 (West 2006)).             The facts necessary to make this
    determination may not be available to the State until sometime after the accused has been
    taken into custody on the criminal offense and after some portion of the speedy trial term has
    expired. Once it appears to the State that an accused is a sexually dangerous person, the
    prosecution must then prepare the sexually dangerous persons petition and obtain an order
    from the circuit court appointing two qualified psychiatrists to make a personal examination
    of the accused. 725 ILCS 205/3, 4 (West 2006). The psychiatrists must then examine the
    defendant and file their reports before a hearing under the Act may begin. 725 ILCS 205/4
    (West 2006). Accordingly, no matter how diligent, the State cannot always be ready for a
    hearing under the Act within the 120-day speedy trial time limit.
    In addition, even when the State is ready to proceed within the 120-day time period,
    the defendant has the ability to delay the sexually dangerous persons trial beyond the 120-
    day time period with pretrial motions, discovery, and requests for continuances. Under those
    circumstances, without a stay of the speedy trial time limit, a defendant's mental status and
    his need for treatment would never be determined, contrary to legislative intent. The
    underlying charges would be dismissed on speedy trial grounds before a hearing on the
    sexually dangerous persons petition could be conducted; alternatively, the State would be
    15
    forced to abandon the sexually dangerous persons petition and proceed with a trial on the
    criminal offense to avoid a dismissal. The legislature intended a hearing on the sexually
    dangerous persons petition prior to a criminal trial, and a stay of the criminal proceeding is
    necessary to give effect to this legislative purpose.
    Although the speedy trial statute does not expressly provide for a tolling of the speedy
    trial period during the pendency of a sexually dangerous persons petition, we believe that
    the overall statutory scheme and legislative history outlined above evidences the legislature's
    intent for tolling the speedy trial term and staying the criminal proceeding. When the
    legislative intent is evident, we are obligated to construe statutes in accordance with that
    intent, "for the 'intention of the law-makers is the law.' " R.E. Joos Excavating Co. v.
    Pollution Control Board, 
    58 Ill. App. 3d 309
    , 311, 
    374 N.E.2d 486
    , 489 (1978) (quoting
    Smith v. County of Logan, 
    284 Ill. 163
    , 165, 
    119 N.E. 932
    , 933 (1918)). While courts are
    generally cautious about adding words to a statute, they will read into the meaning of a
    statutory provision " 'a qualifying or expanding expression plainly implied by the general
    context of the act, which has been palpably omitted and which is necessary to prevent the
    legislative purpose from failing in one of its material aspects.' " R.E. Joos Excavating 
    Co., 58 Ill. App. 3d at 313
    , 374 N.E.2d at 489-90 (quoting People ex rel. Barrett v. Anderson,
    
    398 Ill. 480
    , 485, 
    76 N.E.2d 773
    , 776 (1947)). The speedy trial statute must be construed
    to give effect to the legislature's intent when a sexually dangerous persons petition is filed,
    even if the words of the statute must be read as modified or altered so as to comport with the
    legislative intent. People ex rel. Community High School District No. 231 v. Hupe, 
    2 Ill. 2d 434
    , 448, 
    118 N.E.2d 328
    , 335 (1954).
    We find support for our analysis in People v. Benson, 
    19 Ill. 2d 50
    , 
    166 N.E.2d 80
    (1960). In 1957, the speedy trial statute did not expressly provide for a tolling of the
    statutory speedy trial right in order to inquire into the sanity of a defendant. Ill. Rev. Stat.
    16
    1957, ch. 38, par. 748. The supreme court in Benson, nonetheless, held that "ascertaining
    a defendant's sanity and mental capacity to be subjected to criminal prosecution is a
    permissible delay which does not impair or infringe upon the constitutional right to a speedy
    trial[] or violate the statute enacted to implement the constitutional provision." 
    Benson, 19 Ill. 2d at 55
    , 166 N.E.2d at 83.
    We hold that proceedings under the Act suspend the running of the statutory speedy
    term in the underlying criminal case. We also agree with the holding in In re Detention of
    Hughes, 
    346 Ill. App. 3d 637
    , 646-47, 
    805 N.E.2d 725
    , 732 (2004), that the speedy trial
    statute does not apply to sexually dangerous persons proceedings. We are not unmindful
    that an accused in a sexually dangerous persons proceeding will often be held in custody
    while the sexually dangerous persons petition is pending. Our holding does not leave these
    defendants without speedy trial protections. Although the accused does not have a statutory
    right to a speedy trial, the accused has a constitutional right to due process, and due process
    includes a right to a speedy trial in the sexually dangerous persons proceeding. In re
    Detention of 
    Hughes, 346 Ill. App. 3d at 647
    , 805 N.E.2d at 733 (citing People v. Trainor,
    
    196 Ill. 2d 318
    , 328-29, 
    752 N.E.2d 1055
    , 1061 (2001)). This is a right conferred by the
    United States Constitution, not conferred by the legislature. Although the constitutional
    speedy trial right is not as specific as the statutory speedy trial right, it is nonetheless a
    protection against arbitrary and oppressive delays during the pendency of the sexually
    dangerous persons proceeding.
    The defendant cites People v. Beshears, 
    65 Ill. App. 2d 446
    , 
    213 N.E.2d 55
    (1965),
    in support of the circuit court's dismissal of the criminal charges and the sexually dangerous
    persons proceeding. In Beshears, the court dismissed a sexually dangerous persons petition,
    but the holding was based on the constitutional due process right to a speedy trial, not on the
    speedy trial statute. 
    Beshears, 65 Ill. App. 2d at 459
    , 213 N.E.2d at 61 ("it is quite clear how
    17
    the requirements of due process were violated"); see In re Detention of Hughes, 
    346 Ill. App. 3d
    at 
    647, 805 N.E.2d at 733
    (distinguishing Beshears). Beshears, therefore, does not
    support the circuit court's holding that the statutory speedy trial period continues to run while
    the sexually dangerous persons petition is pending.
    The defendant argues, alternatively, that he was denied his constitutional right to a
    speedy trial. He did not assert a constitutional claim in the circuit court, and the record does
    not support this assertion on appeal. Our courts have identified four factors that must be
    balanced in determining whether a defendant's right to a speedy trial has been violated: the
    length of the delay; reasons for the delay; prejudice, if any, to the defendant; and the
    defendant's assertion of the right. In re Detention of Hughes, 
    346 Ill. App. 3d
    at 
    649, 805 N.E.2d at 734-35
    (citing People v. Crane, 
    195 Ill. 2d 42
    , 48, 
    743 N.E.2d 555
    , 560 (2001)).
    We hold that the defendant was not denied his constitutional right to a speedy trial
    in the sexually dangerous persons proceeding. On February 26, 2007, the State announced
    that it was ready to proceed to a trial on the sexually dangerous persons petition, and it
    requested that the trial court set the sexually dangerous persons trial prior to March 17, 2007.
    The State made several requests for a timely setting on the sexually dangerous persons
    petition.   The defendant, however, caused delay in the sexually dangerous persons
    proceeding by objecting to a trial setting before March 17, 2007. The defendant stated that
    he would not be ready for trial and requested additional time. On appeal, the defendant
    argues that the State unreasonably delayed the filing of the sexually dangerous persons
    petition until November 6, 2006. However, the State filed the petition 21 days after the
    defendant was found fit to stand trial. We do not find any unreasonable delay in the filing
    of the sexually dangerous persons petition, and there is no evidence of bad faith on the part
    of the State in the timing of the filing of the sexually dangerous persons petition.
    Furthermore, the defendant has not established any prejudice to the defense of his case, and
    18
    we can find no prejudice in the record.
    Weighing the relevant factors, we hold that the defendant was not denied his
    constitutional right to a speedy trial. In addition, we hold that the filing of the sexually
    dangerous persons petition stayed the underlying criminal proceeding and tolled the running
    of the speedy trial statute. The circuit court, therefore, erred in dismissing the present case
    for a violation of the defendant's right to a speedy trial.
    CONCLUSION
    For the foregoing reasons, we reverse the order of the circuit court dismissing the
    criminal complaint and dismissing the sexually dangerous persons proceeding, and we
    remand this cause for further proceedings.
    Reversed; cause remanded.
    CHAPMAN and SPOMER, JJ., concur.
    19
    NO. 5-07-0161
    IN THE
    APPELLATE COURT OF ILLINOIS
    FIFTH DISTRICT
    ___________________________________________________________________________________
    THE PEOPLE OF THE STATE OF ILLINOIS,)              Appeal from the
    )              Circuit Court of
    Plaintiff-Appellant,             )              Pulaski County.
    )
    v.                                  )              No. 06-CF-39
    )
    CHAD SPURLOCK,                      )              Honorable
    )              William J. Thurston,
    Defendant-Appellee.              )              Judge, presiding.
    ___________________________________________________________________________________
    Opinion Filed:        February 26, 2009
    ___________________________________________________________________________________
    Justices:           Honorable Bruce D. Stewart, J.
    Honorable Melissa A. Chapman, J., and
    Honorable Stephen L. Spomer, J.,
    Concur
    ___________________________________________________________________________________
    Attorneys        Lisa M adigan, Attorney General of Illinois, Gary Feinerman, Solicitor General,
    for              Michael M. Glick, Leah C. Myers, Assistant Attorney General, 100 W. Randolph
    Appellant        Street, 12th Floor, Chicago, IL 60601
    ___________________________________________________________________________________
    Attorneys        Daniel M. Kirwan, Deputy Defender, John H. Gleason, Assistant Defender, Office
    for              of the State Appellate Defender, Fifth Judicial District, 117 North Tenth Street, Suite
    Appellee         #300, M t. Vernon, IL 62864; Brad T. Sherrill, 500 South Main Street, Anna, IL
    62906
    ___________________________________________________________________________________