from the Circuit Court of the 14th Judicial Circuit, Rock
Island County, Illinois, Circuit No. 06-CF-886 Honorable
Frank R. Fuhr, Judge, Presiding.
JUSTICE O'BRIEN delivered the judgment of the court, with
opinion. Justices Carter and Schmidt concurred in the
judgment and opinion.
1 Defendant, Charles J. Hall, appeals the order of the
circuit court of Rock Island County denying his petition for
discharge or conditional release upon finding that defendant
was still a sexually dangerous person. We affirm.
3 Defendant was charged with aggravated criminal sexual abuse
(720 ILCS 5/12-16(c)(1)(i) (West 2004)) in that defendant
fondled the genitals of B.P. B.P. was 10 years old at the
time of the offense, and defendant was 19 years old.
4 On October 11, 2006, the State filed a petition to proceed
under the Sexually Dangerous Persons Act (Act) (725 ILCS
205/0.01 et seq. (West 2006)). The petition alleged
that defendant admitted to fondling the genitals of the
victim in the instant case. The petition also alleged that
defendant committed several prior offenses. Defendant
admitted the allegations in the petition. Two psychiatrists
evaluated defendant and opined that he was sexually
dangerous. Defendant stipulated to the contents of the
psychiatric evaluations. On November 17, 2006, the court
ordered that defendant be committed to the Department of
Corrections (DOC) for treatment pursuant to the Act.
5 On December 3, 2013, defendant filed a pro se
application for release or conditional discharge. The court
appointed counsel, and defendant filed a petition for
discharge or conditional release through counsel.
6 A hearing was held on defendant's petition. The State
called Dr. Kristopher Clounch, a clinical psychologist, as
its only witness. Clounch testified that he performed a
psychological evaluation of defendant. In preparing his
evaluation, Clounch reviewed defendant's past
evaluations, police reports, and current treatment records.
Clounch also communicated with defendant's treatment
therapist and interviewed defendant. A written report of
Clounch's evaluation of defendant-which was prepared
approximately 13 months before the hearing-was admitted into
7 Clounch testified that some of the things defendant told
him during the interview were significantly different than
what defendant said in prior reports. Defendant denied some
of the information he provided in the past concerning his
prior sex offenses and deviant sexual interests.
Specifically, defendant denied having sexual fantasies about
children, having violent sexual fantasies, and committing the
offense he was charged with in the instant case.
8 Clounch stated that defendant was adjudicated a juvenile
delinquent in 2001 for committing the offense of criminal
sexual abuse. Defendant was 15 years old, and his victim was
a 12-year-old girl. The girl reported that defendant kissed
her and said he wanted to have sex with her. She refused.
Defendant then removed his penis from his pants. Defendant
removed the girl's pants and fondled her vagina and
breasts. Defendant then forced the girl to "masturbate
his penis." Defendant admitted to Clounch that he
penetrated the girl's vagina with his finger.
9 While defendant was on probation for the offense of
criminal sexual abuse, he committed
the offense of residential burglary. Specifically, defendant
stole a camcorder from a residence and recorded a video of
10 In July 2005, defendant's parole officer conducted a
home visit and discovered pornographic materials in
defendant's possession, including a pregnancy magazine
that had photographs of nude babies. Defendant admitted to
his parole officer that he masturbated while looking at
photographs of the children.
11 On October 31, 2005, defendant was arrested for violating
his parole when he attempted to leave his home in a Halloween
costume with a bag of candy. Defendant told officers that he
planned to hand out candy to children, snatch a child, and
force the child to perform oral sex on him. On December 5,
2005, defendant was arrested for aggravated cruelty to
animals and sexual contact with an animal. Court records
indicated that defendant had killed the family cat and
masturbated on the cat's dead body.
12 In the instant case, defendant was charged with aggravated
criminal sexual abuse for having sexual contact with
10-year-old B.P. Defendant's parole officer observed two
male children going to the door of defendant's residence.
The officer spoke with the children, who said they were there
to play with defendant. The officer learned that defendant
had wrestled with B.P. B.P. told the police that nothing
happened during the wrestling that he recognized as sexual.
However, defendant admitted that he rubbed his elbow against
B.P.'s penis and became sexually aroused. Defendant also
told the officers that he believed he was sexually dangerous
and if he was released without treatment he would likely beat
or kill a child for sexual pleasure.
13 Clounch stated that between 2006 and 2007, defendant
incurred 16 institutional rule violations for breaking prison
rules that all inmates are required to follow. These
violations included failure to report, unauthorized movement,
violation of rules, and contraband. Defendant incurred a
violation for giving false information to an employee when he
told a prison employee that he performed oral sex on his
cellmate. He later admitted that he lied so that he would get
another cellmate. Defendant also incurred two violations for
sexual misconduct. On one occasion in April 2007, defendant
exposed himself to another inmate. On another occasion in
November 2007, defendant performed oral sex on another
14 Defendant also incurred 80 "tickets" for
violation of the rules for the sexually dangerous persons
program. Many of defendant's tickets were for missing
group therapy, arriving late to group therapy, leaving group
therapy early, or missing other treatment
activities. Defendant had been placed on probation on
12 occasions and suspended from treatment on 15 occasions.
Since Clounch prepared his written evaluation, defendant
incurred 18 more tickets, was placed on probation six times,
and was suspended from treatment one time.
15 Defendant was required to attend group therapy once a week
for an hour and a half. Defendant was in phase one of the
treatment program. At the time of Clounch's written
evaluation, treatment staff had rated defendant as
"unsatisfactory" in all 23 areas on his semiannual
program evaluation. On defendant's most recent semiannual
evaluation, treatment staff rated defendant as "some
need for improvement" in the areas of offense disclosure
and accepting responsibility. ...