In Re Detention of Diestelhorst

716 N.E.2d 823, 307 Ill. App. 3d 123, 240 Ill. Dec. 229, 1999 Ill. App. LEXIS 604
CourtAppellate Court of Illinois
DecidedAugust 27, 1999
Docket5-98-0774
StatusPublished
Cited by8 cases

This text of 716 N.E.2d 823 (In Re Detention of Diestelhorst) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Detention of Diestelhorst, 716 N.E.2d 823, 307 Ill. App. 3d 123, 240 Ill. Dec. 229, 1999 Ill. App. LEXIS 604 (Ill. Ct. App. 1999).

Opinion

JUSTICE KUEHN

delivered the opinion of the court:

In this case, we examine the Sexually Violent Persons Commitment Act (725 ILCS 207/1 et seq. (West Supp. 1997)) to decide whether it empowers the State to civilly commit a person on the verge of release from a sentence imposed upon a conviction for the criminal offense of child abduction.

The Sexually Violent Persons Commitment Act (the Act) authorizes the State to pursue the civil commitment of certain offenders after the punishment imposed upon their criminal convictions is served, provided that the State can meet certain statutory requirements. The requirement at issue here limits commitment actions to those inmates whose prison terms stemmed from convictions for sexually violent offenses. Section 15(b)(2) of the Act reads that an inmate targeted for civil commitment as a sexually violent person must be:

“within 90 days of discharge or entry into mandatory supervised release from a Department of Corrections correctional facility for a sentence that was imposed upon a conviction for a sexually violent offense.” (Emphasis added.) 725 ILCS 207/15(b)(2) (West Supp. 1997).

This appeal challenges the Act’s use to commit an inmate whose sentence was imposed upon a conviction for child abduction. The challenge rests upon the contention that a child abduction conviction would not qualify a person for commitment under the Act because child abduction is not a sexually violent offense.

Wesley Diestelhorst is a pedophile. In 1984, he sexually molested a little girl and a little boy. A successful criminal prosecution ensued. His convictions for criminal sexual assault and indecent liberties with a child fetched lengthy prison terms. Diestelhorst went to prison in early 1985 to serve the sentences imposed upon his convictions.

He remained in prison for 10 years.

On March 17, 1995, the Illinois Department of Corrections placed Diestelhorst on mandatory supervised release. Shortly thereafter, he attempted to lure a young girl into his car. His unsuccessful effort resulted in the revocation of his conditional release. It also resulted in a criminal prosecution for child abduction. Diestelhorst pled guilty to the child abduction charge in return for a three-year prison sentence. He then went back to prison to serve the remainder of his 1985 sentences and the three-year prison term imposed upon his conviction for child abduction.

Diestelhorst served the remainder of his 1985 sentences. With the advent of 1998, the State’s only hold on Diestelhorst was the time that remained on the sentence imposed upon his conviction for child abduction. That prison term was about to run. The State was obliged to release him from prison on April 10, 1998.

As Diestelhorst’s scheduled date with freedom grew near, the State had a clinical psychologist examine him. The psychologist found a lingering sexual penchant for children.

On April 8, 1998, armed with a commitment petition and a psychological evaluation that predicted that Diestelhorst would likely reoffend, the State sought Diestelhorst’s indeterminate commitment as a sexually violent person. On April 9, 1998, a circuit court judge found probable cause to believe that Diestelhorst met the criteria for civil commitment, and the judge ordered his transfer to the Illinois Department of Human Services’ custody. There he remains to await trial on the State’s petition to secure his permanent commitment. That trial awaits the outcome of this interlocutory appeal.

Diestelhorst moved to dismiss the commitment petition. In that motion, he engaged the language of section 15(b)(2) of the Act, which requires that a targeted inmate possess a conviction for a sexually violent offense. Diestelhorst then called upon section 5(e) (725 ILCS 207/ 5(e) (West Supp. 1997)), the provision of the Act that defines the term “sexually violent offense.” Section 5(e) lists numerous offenses but does not mention the offense of child abduction. Based upon child abduction’s notable absence from the list of crimes set forth as sexually violent offenses, Diestelhorst concluded that his child abduction conviction did not qualify him for commitment under the Act.

Diestelhorst’s motion thus challenged the legal sufficiency of the State’s commitment petition based upon the petition’s allegation that Diestelhorst would soon be released from a sentence imposed upon a child abduction conviction.

The circuit court denied the motion to dismiss and certified its ruling for immediate appeal pursuant to Supreme Court Rule 308 (155 Ill. 2d R. 308). We allowed that appeal to proceed. See 155 Ill. 2d R. 308(a).

The State agrees that an inmate targeted for commitment must be on the verge of release from a sentence imposed upon a conviction for a sexually violent offense. See 725 ILCS 207/15(b)(2) (West Supp. 1997).

Therefore, we confront one essential question — whether Diestelhorst’s child abduction conviction constitutes a conviction for a sexually violent offense. If it does, the State can validly petition for Diestelhorst’s commitment. Otherwise, it cannot.

The answer to this question resides in the meaning to be culled from section 5(e) of the Act, the provision that defines the term “sexually violent offense.” Section 5(e) provides as follows:

“ ‘Sexually violent offense’ means any of the following:
(1) Any crime specified in Section 12 — 13, 12 — 14, 12 — 14.1, or 12 — 16 of the Criminal Code of 1961; or
(2) First[-]degree murder, if it is determined by the agency with jurisdiction to have been sexually motivated; or
(3) Any solicitation, conspiracy!,] or attempt to commit a crime under paragraph (e)(1) or (e)(2) of this Section.” 725 ILCS 207/5(e) (West Supp. 1997).

We note that child abduction is not one of the offenses set forth in the statutory provision that tells us what the term “sexually violent offense” means. But before we conclude that child abduction’s absence from this list evinces a legislative intent to exclude those convicted of child abduction from the Act’s reach, we must consider the State’s construction of section 5(e) of the Act.

The State offers a view of section 5(e) that successfully resulted in Diestelhorst’s interim commitment pending the outcome of this appeal. It is a view that frames the inquiry into whether Diestelhorst’s child abduction conviction can constitute a conviction for a sexually violent offense. The State reads section 5(e) in the. following manner.

Section 5(e) is not a list of criminal offenses for which a conviction qualifies an individual for commitment under the Act.

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Related

People v. Jarquan B. (In Re Jarquan B.)
2017 IL 121483 (Illinois Supreme Court, 2017)
In Re Detention of Welsh
913 N.E.2d 1109 (Appellate Court of Illinois, 2009)
People v. Alaka W.
884 N.E.2d 241 (Appellate Court of Illinois, 2008)
In re Alaka W.
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Diestelhorst v. Ryan
20 F. App'x 544 (Seventh Circuit, 2001)
In Re Detention of Lieberman
745 N.E.2d 699 (Appellate Court of Illinois, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
716 N.E.2d 823, 307 Ill. App. 3d 123, 240 Ill. Dec. 229, 1999 Ill. App. LEXIS 604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-detention-of-diestelhorst-illappct-1999.