Difference Between ''Sexually Dangerous'' and ''Sexually Violent'' Persons Acts

In People v. McDougle, 303 Ill. App. 3d 509, 236 Ill. Dec. 896, 708 N.E.2d 482 (1999), this court held that defendants committed pursuant to the Sexually Dangerous Persons and the Sexually Violent Persons Commitment Act were not similarly situated because the former provides an alternative to criminal prosecution while the latter is pursued in addition to criminal prosecution. McDougle, 303 Ill. App. 3d at 522. The court also determined that, although certain differences exist in the commitment procedures under the two acts, defendants committed under the Act are not treated significantly more harshly than those committed as sexually violent persons. Of particular relevance here is the court's holding that, while the Act does not explicitly require the Department of Corrections (DOC) to treat a person in the least restrictive setting, the Act does provide the DOC with a number of treatment alternatives. The court concluded that "both statutes are rationally tailored to achieve their dual objectives to provide treatment and to protect the public from sexual violence." McDougle, 303 Ill. App. 3d at 523.