If the court or jury determines that the person is a sexually violent predator, the person shall be committed to the custody of the secretary of social and rehabilitation services for control, care and treatment until such time as the person's mental abnormality or personality disorder has so changed that the person is safe to be at large. Such control, care and treatment shall be provided at a facility operated by the department of social and rehabilitation services . The statute provides that a jury is only to determine whether the individual is a sexually violent predator. The jury is not concerned with and does not determine the course of treatment for a sexually violent predator. The question is one of the relevancy of the testimony in question.
Relevant evidence is evidence having any tendency in reason to prove any material fact.
The treatment of a sexually violent predator is not a material fact before the jury. At trial, the State presented two witnesses who stated that in their opinions, defendant was likely to repeat sexually violent offenses. The witness proffered by defendant had never met him and would only have testified about general theories. There is no indication in the record that Roberson would have testified to anything other than her opinions to the proper care, custody, and control of defendant. This testimony would not have been relevant to any issue before the jury.