In Illinois, defendants who are alleged to have committed certain types of sexual assault may be able to avoid criminal charges by agreeing to a civil commitment. Under the civil commitment program, defendants are committed to a mental health facility and offered various types of treatment in lieu of a criminal conviction and jail time. But under a little-known provision within Illinois's civil commitment law, these commitments can last years, even decades—in many cases, far longer than the defendant would have been incarcerated had he or she been convicted of the alleged crime.

Lawmakers are seeking to change this, but in the meantime, it's important for Illinois defendants who are accused of certain sex-related crimes to be aware of the potential consequences of opting for a civil commitment instead of a guilty plea or criminal trial.

The Differences Between Civil Commitment and Criminal Convictions

Illinois's law applies only to sex-related offenses, and it was designed as a tool to provide those most at risk to re-offend—but who were unlikely to spend much time behind bars if charged with a crime—treatment to hopefully reduce this risk. However, the open-ended nature of these treatment programs means that it's all but impossible to declare someone "cured," and those who are still considered a recidivism risk may remain committed indefinitely.

If you're released under a civil commitment after being arrested, you won't have a criminal conviction on your record, but your arrest will remain on file. Under some circumstances, it may be possible to expunge this arrest after a certain number of years have passed. Because you haven't been criminally convicted, you won't usually be required to register as a sex offender, even if the offense for which you were arrested is one that would normally subject a defendant to the sex offender registry. 

On the other hand, if you plead guilty to a sex-related crime or are convicted after a jury trial, this offense will remain on your criminal record permanently. After you've served your sentence and paid any fines or fees, you may be required to register as a sex offender, limiting the areas in which you can live and work.

Is it Ever a Good Idea to Choose a Civil Commitment?

The consequences of a criminal conviction for a sex offense can be steep. However, the indefinite nature of civil commitments can be a major risk, as there are no mandatory sentencing guidelines for such commitments. A criminal defense attorney can help you evaluate the defenses available to you, gauge the odds of conviction, and, if you'd like, negotiate a guilty plea that may reduce the potential penalties a trial court can assess. Talk with a firm that practices criminal law like Barry W Engle PC about your case.