Consilvio v. Alan L.
The Supreme Court reversed a prior order that would have transferred a respondent from the Kirby Forensic Psychiatric Center, a secure facility, to a nonsecure psychiatric facility. The respondent had been confined since March 1998 after being adjudicated not responsible for crimes including rape, sexual abuse, kidnapping, and robbery. The court found that the respondent continued to suffer from a dangerous mental disorder, specifically antisocial personality disorder, and posed a physical danger to himself or others, contrary to the lower court's finding. Psychological evaluations indicated a high risk of reoffending due to a persistent lack of insight, remorse, and resistance to therapy. Consequently, the court granted the hospital's petition for a subsequent retention order, authorizing continued custody in a secure setting.