PEOPLE v. DOWNS

No. 5-05-0696.

864 N.E.2d 320 (2007)

The PEOPLE of the State of Illinois, Plaintiff and Respondent, v. Troy E. DOWNS, Defendant and Petitioner-Appellee (The Department of Corrections, Intervening Respondent-Appellant).

Appellate Court of Illinois, Fifth District.

March 6, 2007.


Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Gary Feinerman, Solicitor General, John P. Schmidt, Assistant Attorney General, Chicago, for Appellant.

Ellen Jenkins Curry, Benton, for Appellee.


Presiding Justice WELCH delivered the opinion of the court:

The Illinois Department of Corrections (the Department) appeals from the orders of the circuit court of Perry County directing the Department to pay the attorney fees and other litigation costs associated with the representation of indigent Troy Downs in proceedings under the Sexually Dangerous Persons Act (the Act) (725 ILCS 205/0.01 et seq. (West 2004)). The Act allows for the confinement, in the...

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