IN RE COMMITMENT OF Devin M. KUGLER The People of the State of Illinois, Petitioner-Appellee,
Devin M. Kugler, Respondent-Appellant.
from the Circuit Court of the 14th Judicial Circuit, Rock
Island County, Illinois. Circuit No. 07-MR-214 Honorable
Frank R. Fuhr, Judge, Presiding.
Nieman, of Rock Island, for appellant.
Raoul, Attorney General, of Chicago ( Jane Elinor Notz,
Solicitor General, and Michael M. Glick and Rachel L. Barbat,
Assistant Attorneys General, of counsel), for the People.
JUSTICE SCHMIDT delivered the judgment of the court, with
opinion. Justices Carter and Lytton concurred in the judgment
1 Following a bench trial, the court found that respondent,
Devin M. Kugler, was a sexually violent person (SVP) subject
to commitment under the Sexually Violent Persons Commitment
Act (Act) (725 ILCS 207/1 et seq. (West 2006)) based
on acts he committed when he was 16. Respondent appealed his
commitment. This court affirmed. See In re Detention of
Kugler, No. 3-08-0123 (2009) (unpublished order under
Illinois Supreme Court Rule 23). In September 2017, the State
filed its tenth motion for periodic reexamination as required
by the Act. In May 2018, respondent filed a combined motion
to vacate order of commitment/dismiss. On May 18, 2018, the
circuit court held a hearing on the motions. It denied
respondent's combined motions and granted the State's
motion. On appeal, respondent argues that his commitment is
unconstitutional as applied to him in light of Miller v.
Alabama, 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407
(2012). We affirm.
2 I. BACKGROUND
3 The actions underlying respondent's commitment are
detailed in this court's order affirming his commitment.
See Kugler, No. 3-08-0123. We will repeat only those
facts necessary to our analysis.
4 In April 2007, the State filed a petition alleging
respondent, then age 21, was an SVP subject to commitment
under the Act. The petition alleged that in 2002, when
respondent was 16 years old, a court adjudicated respondent
delinquent for the offense of aggravated criminal sexual
abuse (720 ILCS 5/12-16(c)(2)(i) (West 2002)) because he
penetrated the anus of an 8-year-old girl with his finger and
rubbed her buttocks. At the time of conviction, he admitted
that he fantasized about having sex with young children
between the ages of 8 and 11. Treatment providers for
respondent alleged he reported sexually abusing two other
young girls, ages six and eight. Also, respondent had
sexually deviant fantasies about his young cousin. A doctor
diagnosed respondent with (1) pedophilia, sexually attracted
to females, and (2) antisocial personality disorder. The
petition contended that these mental disorders affected
respondent's emotional and volitional capacity and
created a substantial probability that he would commit future
acts of sexual violence.
5 The court held a bench trial on the matter. A clinical
psychologist testified as an expert in the evaluation and
treatment of SVPs. She interviewed respondent as part of the
SVP commitment proceedings. Respondent admitted to the
offense that led to his 2002 conviction. The psychologist
reviewed his records from a treatment facility where he
admitted to engaging in sexual activities with his foster
sister when she was 4 or 6 and he was 12. He would take
showers with her, masturbate in front of her, fondle her, and
place his penis against her buttocks when they were in a
pool. Respondent performed oral sex on another girl when she
was eight or nine. Respondent denied these acts when the
psychologist questioned him. He did admit to having sexual
fantasies about his underage cousin but claimed he did not
act on them. The psychologist was concerned that
respondent's deviant behavior had persisted from age 12
through age 20.
6 Respondent also committed several nonsexual offenses,
including two convictions and an additional charge for
aggravated battery. In 2006, a young woman obtained an order
of protection against respondent. She alleged that respondent
threatened to kill everyone she loved, called her multiple
times a day, stalked her at the mall, tried to get her alone,
begged her for sex, and told her that he wanted to rape her.
The psychologist opined that these ...