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November 13, 2008


Chicago — Attorney General Lisa Madigan today said her office has successfully prosecuted a case to keep a sex offender in custody as a sexually violent person.

Adams County Circuit Court Judge Mark Schuering presided over a jury trial that began Monday, November 10, in Quincy. Today, the jury ruled that Stephen W. Kelley, 35, must remain in the custody of the Illinois Department of Human Services (IDHS) for treatment. Madigan's office handles state prosecutions of cases to keep sexually violent persons in custody.

"Kelley has a history of dangerous sex crimes committed against children that makes it absolutely necessary that he receive treatment in a secure setting and not be released into the community," Madigan said.

According to Madigan, Kelley's criminal history includes a 1997 conviction in Adams County for aggravated criminal sexual assault of a child under the age of 13 for which he was sentenced to 12 years in the Illinois Department of Corrections (IDOC).

In February 2006, Kelley completed serving his sentence and was ready to be released from the IDOC. However, Madigan's office filed a petition for commitment and he has been detained at the IDHS Rushville Treatment and Detention Facility until trial. Today, Judge Schuering ordered that Kelley return to the custody of IDHS. The court set the case for a dispositional hearing on December 30, 2008.

To be committed under the Sexually Violent Persons Commitment Act, a person must have been convicted of a sexually violent offense and exhibit a mental disorder. Additionally, prosecutors must prove that the offender is likely to commit future acts of sexual violence if released from custody. Once committed to IDHS, offenders are reevaluated on a regular basis to determine if they continue to meet the criteria for commitment as a sexually violent person.

Since enactment of the Act, 223 convicted sex offenders have been committed as sexually violent persons. Madigan's office currently has an additional 149 petitions filed with the courts seeking commitment of offenders who otherwise would be released from prison.

Assistant Attorneys General Patrick O'Brien and Rob Hollinshead handled the case for Madigan's Sexually Violent Persons Bureau.


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