PEOPLE v. BAILEY

what his rights were and that defendant's intelligence allowed him to take those facts and to turn them to his own personal advantage and to disregard the well-being of other people.

The victim in the underlying criminal charge, M.B., testified for the State that she first met defendant in September of 2006, around Labor Day weekend, at a park in Sheldon, Illinois. M.B. was 14 years old at the time and in eighth grade. M.B. talked to defendant at the park and told him that she was 14 years old. A couple of days later, on September 6, 2006, M.B. ran away from home and went to defendant's house. She got there at about 5:30 p.m. Defendant was home at the time, along with his sister and his mother. M.B. spent the night in defendant's bedroom with defendant. During the course of the night and into the morning hours of September 7, 2007, defendant and M.B. had consensual sexual intercourse seven or eight times. Prior to having sexual intercourse with defendant, M.B. told defendant that she was emancipated from her parents. M.B. eventually left the house on September 7 with defendant and they were eventually stopped by police.

On cross-examination, M.B. denied telling defendant that she was older than 14 and denied that she had made a statement to her probation officer that she had told defendant she was 19 years old.

Defendant's videotaped interview with police was subsequently admitted into evidence by the State and played for the trial court. The State also sought to admit Dr. Reynolds's evaluation. However, the trial court denied that request.

Dr. Daniel Yohanna testified for the defense that he was a board-certified psychiatrist and forensic psychiatrist and that he worked for the University of Chicago as the clinical mission director. Yohanna had been with the University of Chicago for three years and prior to that had been with Northwestern University since 1986.

Yohanna was appointed to perform a psychiatric evaluation on defendant for the defense and to prepare a report regarding that evaluation. Prior to conducting his evaluation, Yohanna reviewed some psychological records from when defendant was in school, the reports of Dr. Traugott, and a previous assessment of defendant done in 2001 by a Mr. Mitchell. As part of his evaluation, Yohanna also interviewed defendant and his mother.

Yohanna diagnosed defendant as having an antisocial personality disorder. In other words, according to Yohanna, defendant was a sociopath, a person who had a disregard for other peoples' rights and was manipulative to get his own way for his own gratification. Yohanna had reviewed Dr. Jeckel's evaluation after he had conducted his own evaluation and disagreed with Dr. Jeckel's conclusions in a couple of respects. First, Yohanna found no evidence that defendant had paraphilia or pedophilia. Yohanna commented that a finding of paraphilia required that the person consistently used assault or force for sexual activity or the nonconsent of other persons and Yohanna did not feel that such a diagnosis applied to defendant. Second, in Yohanna's opinion, defendant did not meet the criteria of a sexually dangerous person. Yohanna stated that he saw no evidence in his evaluation of defendant that defendant had a sexual interest in children. Yohanna also saw no evidence that defendant had a fantasy life about consistent, aggressive sexual behavior. Yohanna commented that defendant would manipulate or lie to take advantage of people, but would not necessarily be sexually dangerous or sexually violent.

On cross-examination, Yohanna acknowledged that in conducting his evaluation, he did not review any police reports or DOC records and did not view defendant's videotaped interview relating to the pending criminal charge. The facts that defendant had sexual interaction with his sister and later with a handicapped boy at school and was now accused of having sexual intercourse with a 14-year-old girl did not change Yohanna's opinion on whether defendant was a sexually dangerous person. Yohanna explained that he did not consider defendant's conduct to demonstrate a repetition of assaultive behavior but rather considered it to only show that defendant would manipulate people to get what he wanted. Yohanna believed that defendant had had an antisocial personality disorder for well over a year prior to 2006 and stated that there was no recognized treatment for such a disorder and that defendant did not appear to be motivated to get treatment. Furthermore, in his written report, Yohanna opined that defendant would "likely take advantage of others for sexual gratification consistent with his antisocial personality but not necessarily in a forceful manner." Yohanna opined further in his report that defendant could very well be manipulative in his relationships for sexual gratification and that defendant could be a "sexual nymphomaniac" as defendant had stated, but that defendant did not meet the criteria for a sexually dangerous person.

After the attorneys had finished questioning Yohanna, the trial judge asked Yohanna some questions of his own. The trial judge went through defendant's history with Yohanna and confirmed that Yo-hanna had taken all of those matters into account. Yohanna testified that defendant, as a sociopath, did not feel empathy for other people and would not be as bothered by, or would tend to disregard, the hurtful things that he did to others. In response to one of the trial judge's questions, Yohanna confirmed that it was his opinion that defendant was likely to commit a crime because he was a sociopath, but was not necessarily likely to commit a sex crime against a child.

Crissy Sabol testified for the defense that she was M.B.'s juvenile probation officer. In February of 2007, Sabol had a conversation with M.B. about the allegations of sexual activity between M.B. and defendant. During that conversation, M.B. stated to Sabol that she had told defendant that she was 19 years old.

On cross-examination, Sabol stated that M.B. also told her that later in the evening when she was with defendant, defendant confronted her about her age because defendant's friend had told him that she was 14. M.B. told defendant at that time that she was 14. M.B. told Sabol further that she and defendant had intercourse two more times after defendant learned her true age. M.B. told Sabol in a later conversation in March of 2007 that defendant had paid her $50 to have sex with him. During that later conversation, M.B. again told Sabol that she had told defendant that she was 14 years old.

Laura Lucille Smalley testified for the defense that she was 21 years old, was defendant's fiancée, and was pregnant with defendant's child. Smalley met defendant in November of 2007 through an Internet dating site. Smalley described her relationship with defendant as a healthy one and stated that she had not had any mental or emotional problems with defendant and had not found defendant to be manipulative.

On May 28, 2008, at the conclusion of the bench trial, the trial court announced its ruling. Initially, the trial court cited the law on the issue, stating as follows:

"All right. Well, we will show then for the record that the court has considered all of the evidence including the exhibits and I have reviewed my own notes that I took during the hearing and, of course, we agree that the burden of proof in this matter just [ sic] be beyond a reasonable doubt. I think we have to start with the statute, which does require that there be a mental disorder, which has existed for a period of not less than 1 year immediately prior to the filing of the petition, which I think was filed in November of [2006], coupled with criminal propensities to the commission of sexual offenses and the person must demonstrate propensity toward acts of sexual assault or acts of sexual molestation of children.

Now, in addition to that the United States Supreme Court has held that there must be some proof of a serious difficulty in controlling behavior. That's where the word volitional capacity comes in. You do not have to show a complete lack of control, but you have to show the person has control problems greater than, it says here, greater than a typical recidivist convicted in an ordinary criminal case.

Now, I've considered all the evidence and the psychiatrists, I guess it's my call on their credibility. I want to say at the outset the State has to have 2 doctors examine the defendant and I gave the defendant a chance to have his own doctor. There is no requirement in the law that all 3 doctors agree. There is no requirement in the law that the 2 state psychiatrists agree. What is required is that I examine all the evidence and make a finding whether a reasonable doubt exists or not."

Proceeding further on its ruling, the trial court made numerous findings. First, after considering the evidence, the trial court found that defendant had a mental disorder, antisocial behavior (sociopath), and that the disorder had existed for more than one year prior to the filing of the petition.

Second, the trial court found that defendant had a criminal propensity to commit sexual offenses. The trial court based that finding on the evidence that defendant had engaged in sexual misconduct with his sister and with the handicapped boy at school and that defendant had stated that he was a male nymphomaniac. The trial court noted that the State did not have to prove the pending allegations regarding M.B. in the sexually dangerous proceeding and commented that the law was such that if it found defendant to be a sexually dangerous person, defendant could not be tried on the underlying criminal allegation. The trial court noted further, however, that after reviewing the testimony at trial and defendant's videotaped interview with the police, it was convinced that defendant knew M.B. was underage when defendant had sexual intercourse with M.B.

Third, the trial court found that defendant had demonstrated a propensity toward sexual assault or acts of molestation of children. The trial court noted that there had been a least two prior instances of such misconduct, the incident with defendant's sister and the incident with the handicapped boy. The trial court commented that there was also evidence that defendant had engaged in some type of interaction with a roommate at one of the institutions he was in and that while defendant was in therapeutic schools, he was reported to need constant supervision, had many incidents and suspensions, had made inappropriate sexual comments and threats toward others and himself, and was noncompliant with medications.

Fourth, the trial court found that defendant lacked the ability to control his behavior. In making that finding, the trial court commented as follows:

"Now, does he have the necessary lack of control of himself that is now required by the Supreme Court? In other words, what is his volitional capacity? Now, I looked at the reports of the doctor [ sic] and, of course, considered their testimony. It struck me that Dr. Yohanna did not maybe look at the same documents and things that the other doctors did. Also as I have said Dr. Jeckel has specialized I think in forensic psychiatry and in this field Dr. Yohanna did not. The other thing I think we need to note on the propensity issue and on this issue of self control that he was in the Juvenile Department of Corrections sexual unit from December of 2001 until November of 2005 where his behavior was controlled, where he was not allowed unfettered access, or whatever you want to call it. This incident here allegedly occurred in September of [2006], which is a year — less than a year after he was released and about 4 months after he went off parole, which is also a form of control. The thing that concerns me in this area is the diagnosis. All agreed on that he is anti-social. Dr. Yohanna himself said there was no cure, that he would be impulsive and aggressive, assault others, that sociopaths believe that rules do not apply to them, that they are not concerned with the consequence of their actions as it may affect others, that they are unable to express remorse. And Dr. Jeckel pointed out, you know, remorse is one of those things that helps us regulate our own behavior. If we feel bad about doing something, we don't do it again. He doesn't feel that. He is manipulative. This is part of being a sociopath and [ sic] believes he can do whatever he wants. I think Dr. Jeckel said that.

Now, you couple that with his obvious intelligence, you couple that with the statement he made that he was a male nymphomaniac, then you start looking at the kind of person that a sociopath is and self control is not in their equation. I mean, if you think you can do whatever you want to do and you don't care if it hurts somebody else, then how can it be said that you have self control. I think that's part of the problem. I don't think we've had a clear test because he has not been out of custody long enough. And then, of course, we have to remember, too, when this was filed in September of [2006] Mr. Bailey went into county jail and was over there for a long time. So you know, when he is locked up like that it's not I think a fair test of his ability to control himself.

* * * Both Dr. Jeckel and Dr. Traugott found that he had a decreased volitional capacity. Both of them think that he will reoffend. Both Dr. Traugott and Dr. Jeckel recommend residential setting. Both have given the opinion that he is a sexually dangerous person.

Now, the statute does not require the proof that anything will happen. It is impossible to prove what will happen in the future. I'm quoting now from the People versus Hancock, which is 329 Ill. App. 3rd 367. Says the state need only prove that respondent has demonstrated a propensity to commit acts. Propensity inclination, a tendency towards an urge to or doing something. And that's where we are. The issue is what does — does he have a propensity to do it and can he control the propensity I guess is where we are at. And the People versus Castman, it says the act presumes the serious difficulty in controlling behavior. If a person cannot control his dangerous behavior to the extent that he is predisposed to commit sexual acts and thus endanger others, then that person has sufficient volitional impairment [ sic] be found a sexually dangerous person."

The trial court went on to find that the State had proven beyond a reasonable doubt that defendant was a sexually dangerous person. The trial court appointed the Director of the Department of Corrections as the guardian of defendant and committed defendant to the Department of Corrections for an indefinite period for treatment.

Defendant subsequently filed a posttrial motion for new trial. In the motion, defendant alleged, among other things, that he had not been proven beyond a reasonable doubt to be a sexually dangerous person. Defendant argued that the State had failed to prove that there was a causal connection between his mental disorder and his inappropriate sexual behavior and that the State had also failed to prove that defendant had a mental condition that caused him to have serious difficulty in controlling his criminal sexual behavior. In support of his arguments, defendant cited People v. Masterson, 207 Ill. 2d 305, 798 N.E.2d 735 (2003), People v. Gilford, 361 Ill. App. 3d 56, 836 N.E.2d 825 (2005), and Kansas v. Crane, 534 U.S. 407, 151 L. Ed. 2d 856, 122 S. Ct. 867 (2002). After hearing the arguments of the attorneys and of defendant himself, the trial court took the motion under advisement. The trial court later denied defendant's posttrial motion for new trial. This appeal followed.

ANALYSIS

On appeal, defendant argues first that he was not proven beyond a reasonable doubt to be a sexually dangerous person. Specifically, defendant asserts that the State failed to elicit any evidence to establish that defendant had a volitional impairment that would cause him serious difficulty in controlling his sexual impulses and behavior. Defendant asserts further that such evidence is required under the current status of the law to establish that defendant has the requisite mental disorder necessary for a finding of sexually dangerous.

The State argues that the evidence was sufficient to prove beyond a reasonable doubt that defendant was a sexually dangerous person. The State asserts that the trial court properly found that defendant did not have the ability to control his sexual behavior and that the trial court's finding was properly supported by the psychologists' testimony that defendant had trouble controlling his sexual behavior and that defendant might have problems with committing sex acts in the future. The State contends, therefore, that the trial court's finding — that defendant is a sexually dangerous person — should be upheld on appeal.

• 1 To prevail on a sexually-dangerous-person petition under the Act, the State must prove three elements beyond a reasonable doubt relative to the defendant: "`(1) the existence of a mental disorder for more than one year; (2) the existence of criminal propensities to the commission of sex offenses; and (3) the existence of demonstrated propensities toward acts of sexual assault or acts of sexual molestation of children.'" People v. Allen, 107 Ill. 2d 91, 105, 481 N.E.2d 690, 697 (1985), quoting People v. Pembrock, 62 Ill. 2d 317, 321-22, 342 N.E.2d 28, 30 (1976); see also People v. Masterson, 207 Ill. 2d 305, 318-19, 798 N.E.2d 735, 743 (2003); 725 ILCS 205/1.01, 3, 3.01 (West 2008). The only element in dispute in the instant appeal is the first element, which pertains to the defendant's mental disorder.

The term "mental disorder," as used in the Act, has been construed to mean "a congenital or acquired condition affecting the emotional or volitional capacity that predisposes [the defendant] to engage in the commission of sex offenses and results in serious difficulty controlling sexual behavior." Masterson, 207 Ill. 2d at 329, 798 N.E.2d at 749; see also 725 ILCS 205/4.03 (West 2008). The mental disorder that the defendant suffers from must be causally related to the defendant's propensity to commit sex offenses, and the requirement that the defendant has demonstrated the propensity toward acts of sexual assault or acts of sexual molestation of children by his actions is an important indicator of both a mental disorder and future dangerousness. Masterson, 207 Ill. 2d at 328, 798 N.E.2d at 748. "By acting upon their propensities, those suffering from mental disorders demonstrate dangerousness and impaired volitional capacity." Masterson, 207 Ill. 2d at 328, 798 N.E.2d at 748. In fact, "[d]angerousness and lack of control are the touchstones for civil commitment." Masterson, 207 Ill. 2d at 328, 798 N.E.2d at 748. "The `serious difficulty' finding required by the State's petition should be made by the trier of fact, which is in a superior position to hear the expert testimony, weigh the evidence, and decide if defendant's diagnosed mental condition makes it seriously difficult for him to control his behavior, thereby justifying civil commitment under the [Act]." People v. Gilford, 361 Ill. App. 3d 56, 61, 836 N.E.2d 825, 830 (2005). In addition, for a finding of sexually dangerous to be valid under the Act, there must also be an explicit finding that it is substantially probable that the defendant would engage in the commission of sex offenses in the future if not confined. Masterson, 207 Ill. 2d at 330, 798 N.E.2d at 749.

On appeal from a trial court or jury's ruling on a sexually-dangerous-person petition, the reviewing court must consider all of the evidence introduced at trial in the light most favorable to the State and then determine whether any rational trier of fact could have found the essential elements to be proven beyond a reasonable doubt. See People v. Trainor, 337 Ill. App. 3d 788, 793, 785 N.E.2d 568, 573 (2003). If so, the reviewing court must affirm the trial court or jury's ruling. The reviewing court will not substitute its judgment for that of the trial court or jury on the factual issues that have been raised in the petition, unless the evidence is so improbable as to raise a reasonable doubt that the defendant is a sexually dangerous person. See Allen, 107 Ill. 2d at 106, 481 N.E.2d at 697.

• 2 In the present case, it is clear from the record passages cited above that the trial court was aware of the volitional-capacity requirement as it related to the mental disorder element. The trial court specifically found that defendant lacked the ability to control his sexual behavior. That finding was supported by ample evidence in the record. First of all, the trial court's finding was supported by the evidence presented regarding defendant's prior history of inappropriate sexual behavior. The trial court heard evidence of numerous incidents dating back to when defendant was a young child. From an early age, it was apparent that defendant could not control his sexual behavior. Defendant had engaged in inappropriate sexual behavior with family members, had molested his younger sister, had forcibly sodomized a young handicapped boy at school, had sexual interaction with a roommate, and, as an adult, had sexual intercourse with a 14-year-old girl. By acting on his impulses time and time again, defendant demonstrated his dangerousness and his impaired volitional capacity. See Masterson, 207 Ill. 2d at 328, 798 N.E.2d at 748.

Second, the trial court's finding was supported by the expert opinion testimony of Dr. Jeckel and Dr. Traugott, and to some extent, Dr. Yohanna. Dr. Jeckel testified that defendant lacked remorse for his inappropriate conduct and that a person that did not feel remorse could not regulate his own behavior. Jeckel stated that defendant could not keep his hands to himself and that defendant's condition was an intensity of sexual impulses that were driven by aggression. Jeckel opined that defendant would engage in sexually dangerous behavior in the future if not confined. Jeckel opined further in his written report that defendant's mental disorder significantly affected his volitional capacity and resulted in difficulty controlling sexual behavior. Dr. Traugott testified that defendant seemed to lack shame or remorse for his inappropriate sexual behavior. Traugott acknowledged that his finding of lack of control was based upon incidents that went back to when defendant was 15 years old and younger, but commented that he did not see anything in defendant's current level of maturity that would alter his conclusion. Traugott noted that despite numerous placements in treatment, there was no time when defendant's condition seemed to improve or when defendant changed his behavior. Similar to Dr. Jeckel's opinion, Dr. Traugott also opined that defendant was a danger to society and that defendant should be confined. Dr. Yohanna testified that defendant, as a sociopath, did not have empathy for others and would tend to disregard the hurtful things he did to others. Yohanna recognized that there was no treatment for defendant's condition and that defendant was not motivated to engage in treatment. Yohanna also recognized that defendant would manipulate others to get what he wanted, including sexual gratification.

And third, the trial court's finding was supported by the evidence that defendant had described himself to the police and to one of the psychiatrists as a "male nymphomaniac." Based on the evidence presented, we are unable to say that no rational trier of fact would have found the first element was not proven beyond a reasonable doubt. The trial court's finding in that regard, therefore, must be affirmed. See Trainor, 337 Ill. App. 3d at 793, 785 N.E.2d at 573. We will not substitute our judgment for that of the trier of fact as to that finding. See Allen, 107 Ill. 2d at 106, 481 N.E.2d at 697.

In reaching that conclusion, we note that defendant expresses concern on appeal that the attorneys and the trial court were not aware of the "serious difficulty" requirement set forth in the supreme court case of People v. Masterson. However, in reviewing the record from the trial court, especially the passages quoted above, it is clear that the trial court knew of and understood that requirement, even if it did not specifically cite the Masterson case. Indeed, it appears that the "serious difficulty" requirement was the only finding that the trial court really had a difficult time making. Moreover, at the hearing on defendant's posttrial motion, defense counsel specifically cited Masterson and specifically argued that the State had failed to prove the "serious difficulty" requirement. The trial court heard those arguments and, then, after taking the matter under advisement, denied defendant's posttrial motion for a new trial. We, therefore, reject defendant's argument on this point.

• 3 As his second point of contention on appeal, defendant argues that the trial court committed reversible error when it allowed the State to proceed on both the underlying criminal charge and the sexually-dangerous-person petition at the same time. Defendant asserts that the manner in which the trial court allowed this case to proceed resulted in severe prejudice to him in that it caused him to make an unwise and involuntary decision to withdraw his plea of guilty to the lesser offense. Defendant asserts further that had he maintained his plea of guilty, the State would have been precluded from proceeding on the sexually-dangerous-person petition. Defendant contends that the prejudice was compounded, to the extent that he was deprived of his due process rights, when the trial court incorrectly admonished him at the time of the plea that the sexually-dangerous-person petition would still go forward and failed to admonish him when he sought to withdraw his plea of guilty that doing so would allow the State to proceed on the sexually-dangerous-person petition. In other words, defendant argues that the alleged incorrect admonishments impacted his due process rights in the sexually-dangerous-person petition. We are not called upon to address this issue in the context of the criminal charge itself. Defendant also asserts that allowing the criminal charge and the sexually-dangerous-person petition to proceed simultaneously, allowed the State to obtain evidence that it would not otherwise have received — the evaluation of the three psychiatrists — that it could later use in the criminal proceedings in violation of defendant's right against self-incrimination. In addition, defendant contends that the State was also provided with evidence in the sexually-dangerous-person proceeding that it would not have otherwise received, in the form of Dr. Reynolds's sex-offender evaluation, and that Dr. Jeckel and Dr. Traugott improperly relied on Dr. Reynolds's evaluation in concluding that defendant was a sexually dangerous person.

The State argues that the trial court did not err in allowing "preliminary proceedings" to go forward on the underlying criminal charge at the same time as proceedings on the sexually-dangerous-person petition. The State disagrees with all of defendant's assertions and contentions as set forth above and notes that it was only logical for the trial court to allow simultaneous proceedings to some extent to avoid unnecessary delay in the criminal case, in the event that defendant was found not to be a sexually dangerous person.

A decision made by the trial judge in overseeing his or her courtroom or in maintaining the progress of a trial or other proceeding is generally subject to an abuse-of-discretion standard of review on appeal. People v. Coleman, 183 Ill. 2d 366, 387, 701 N.E.2d 1063, 1074 (1998). An abuse of discretion occurs only when no reasonable person would take the view adopted by the trial court. In re Leona W., 228 Ill. 2d 439, 460, 888 N.E.2d 72, 83 (2008).

In the present case, after reviewing the record, we find that the trial court did not commit an abuse of discretion in initially allowing the pending criminal charge and the sexually-dangerous-person petition to proceed simultaneously and that defendant was not prejudiced by the manner in which the trial court allowed this case to proceed. See Coleman, 183 Ill. 2d at 387, 701 N.E.2d at 1074; Leona W, 228 Ill. 2d at 460, 888 N.E.2d at 83. In reaching that conclusion, we note that in cases where a sexually-dangerous-person petition has been filed, it may be to a defendant's advantage to have some of the initial proceedings on the underling criminal charge and the sexually-dangerous-person petition occur simultaneously to reduce unnecessary delay and to provide the defendant with the ability to attack the underlying criminal charge, such as through a motion to suppress evidence or statements, as a method of also attacking the sexually-dangerous-person petition, which cannot stand in the absence of the underlying criminal charge. See 725 ILCS 205/3 (West 2008).

Contrary to defendant's argument on appeal, there was nothing confusing or improper about the trial court's admonishments relative to the plea of guilty and the withdrawal of that plea. The trial court made it abundantly clear to defendant that the sexually-dangerous-person petition would go forward regardless of the plea and that defendant might want to adhere to the plea agreement even if the evaluation from Dr. Reynolds came back with an unfavorable recommendation. Although defendant asserts that under this court's prior decision in People v. Galba, 273 Ill. App. 3d 95, 652 N.E.2d 400 (1995), the sexually-dangerous-person petition could not go forward once defendant had pled guilty to the pending criminal charge, we reach no such conclusion. People v. Galba stands for the legal proposition that a defendant cannot be found to be a sexually dangerous person and still be punished for the underlying criminal offense. See Galba, 273 Ill. App. 3d at 97-101, 652 N.E.2d at 402-05. That is so because one of the purposes of the Act is to obtain treatment, rather than punishment, for a mentally ill defendant. See Allen, 107 Ill. 2d at 100-01, 481 N.E.2d at 695. As noted in Galba, the Act mandates that when the defendant's treatment has been successful and the defendant has recovered, the underlying criminal charge or charges must be dismissed. Galba, 273 HI. App. 3d at 101, 652 N.E.2d at 405; 725 ILCS 205/9 (West 2008). However, our review of the record indicates that nothing occurred in the present case that was contrary to the holding in Galba. See Galba, 273 Ill. App. 3d at 97-101, 652 N.E.2d at 402-05. The instant defendant was not found to be a sexually dangerous person and then simultaneously or subsequently punished for the underlying criminal offense. Once the sexually-dangerous-person petition was set at first for jury trial and, then, subsequently for bench trial, there were no further substantive matters set on the criminal charge. In this record, no sentence was ever entered on the criminal charge. Therefore, defendant's argument regarding Galba has no merit here.

We also do not agree with defendant's assertion that he was prejudiced by the fact that Dr. Reynolds's evaluation relative to the criminal charge was made available in the proceedings on the sexually-dangerous-person petition. Although at one point during his testimony, Dr. Jeckel may have stated that he relied upon the report, it was clear from the record that Dr. Jeckel had not received the report until the day of his testimony and that the most that he could say was that Dr. Reynolds's findings were consistent with his own. Dr. Traugott, on the other hand, specifically testified that he did not consider or rely on the report in forming his conclusions and the trial court denied the State's request to admit Dr. Reynolds's report into evidence at the trial on the sexually-dangerous-person petition. Thus, we find defendant's contention regarding Dr. Reynolds's report to be without merit. Furthermore, although defendant also asserts that the psychiatrists' evaluations could be used against him in the criminal case in violation of his right against self-incrimination, that assertion is not supported by the law on this issue. It is well established that such statements may not be used in the underlying criminal proceeding. See Allen, 107 Ill. 2d at 104, 481 N.E.2d at 696. Defendant's contention in that regard, therefore, is also without merit.

For the foregoing reasons, we affirm the judgment of the circuit court of Iroquois County.

Affirmed.