In re COMMITMENT OF Joseph DeSILVESTRO.
Joseph DeSilvestro, Respondent-Appellant. The People of the State of Illinois, Petitioner-Appellee,
J. Nicholas Albukerk, Albukerk & Associates, Chicago, for appellant.
Lisa Madigan, Attorney General, Chicago (Michael M. Glick and Stephen M. Soltanzadeh, Assistant Attorneys General, of counsel), for the People.
¶ 1 The State of Illinois filed a petition seeking to commit respondent, Joseph DeSilvestro, pursuant to the Sexually Violent [375 Ill.Dec. 907]
Persons Commitment Act (the Act) (725 ILCS 207/1 (West 2010)). Respondent eventually filed a " motion to dismiss pursuant to 2-1401(f)" seeking dismissal of the entire commitment proceeding. Following a hearing and argument, the circuit court of La Salle County denied respondent's motion. Respondent appeals, claiming he was not in lawful custody at the time the State filed its petition and, therefore, the trial court erred in denying his motion to dismiss.
¶ 2 BACKGROUND
¶ 3 In 2004, the State charged respondent in case No. 2004-CF-278 with numerous counts of aggravated criminal sexual abuse (720 ILCS 5/12-16(c)(1)(i) (West 2004)), claiming he knowingly fondled the penises of four different minors between August of 2001 and January of 2004 for the purpose of his sexual arousal. Respondent entered into a fully negotiated plea in which he pled guilty to four separate counts of aggravated criminal sexual abuse in exchange for four concurrent sentences of seven years' incarceration.
¶ 4 The written judgment of sentence did not identify a specific term of mandatory supervised release (MSR). Prior to discharging his full seven years of incarceration, respondent apparently became eligible for early release due to good-time credits. September 7, 2007, would have been respondent's release date; however, the host site where he proposed to live upon release was " too close to a school."
¶ 5 Respondent eventually arranged for suitable housing in 2009, which led to his release on MSR in April of 2009. In December of 2009, a warrant issued for respondent's arrest due to violations of the terms of his MSR. The alleged violations included possessing the following items or materials: a computer, children's video home system (VHS) tapes, children's clothing items, children's books, stuffed animals, and dolls. The petition to revoke respondent's MSR further alleged that respondent worked diligently upon release to return to a position within the Knights of the Altar, which provides instruction to altar boys in the Roman Catholic Church.
¶ 6 Respondent notes that many of the items identified in the petition to revoke his MSR were " a gift for his grandchildren * * * all of whom would like him to live with them in his final years." Respondent suggests that the allegations in the petition to revoke his MSR were a sham and " at best pretextual interpretations by parole officers." Respondent, however, provides no citation in the record to direct us to facts supporting his claims regarding the petition to revoke his MSR. Other than the petition to revoke, itself, and the sentencing order, respondent has chosen not to include many documents from his criminal case in the record on appeal before us.
¶ 7 With respondent back in custody of the Illinois Department of Corrections (DOC), on January 20, 2010, the State filed a petition to detain respondent under the Act. The petition alleged that respondent suffered from the mental disorders of pedophilia, paraphilia, and narcissistic personality disorder, making him dangerous to others. The petition also alleged that these mental disorders made it substantially probable that respondent would engage in acts of sexual violence.
¶ 8 On January 21, 2010, the matter proceeded to a " probable cause hearing." The docket sheet from the trial court notes that respondent appeared at the probable cause hearing with counsel and that " respondent agrees to stipulate to the charges." The docket sheet entry continued, noting the " court questions respondent and finds that [he] knowingly and willing stipulates to the charges. Probable cause is found. Respondent is to be detained
[375 Ill.Dec. 908] by the Department of ...