Right to counsel

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Legislation, Sexually Dangerous Persons - Commitment

No hearing can be conducted on a petition for commitment of a person on the ground that such person is sexually violent unless such a person is represented by counsel.  See 725 Ill. Comp. Stat. Ann. 207/25(c)(1).  If such a person is indigent, then the court must appoint counsel.  Id. (“[T]he person who is the subject of the petition has the right: (1) To be present and to be represented by counsel.  If the person is indigent, the court shall appoint counsel.”).  This right includes the right to effective assistance of counsel.  People v. Rainey, 758 N.E.2d 492, 501-03 (Ill. App. 2001).

Appointment of Counsel: categorical Qualified: no