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October 17, 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.

Saline County Associate Circuit Court Judge Walden Morris today ruled that Donald E. Mullen, 47, 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. Judge Morris presided at a bench trial that began Wednesday, October 15, in Harrisburg.

"Mullen 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, Mullen's criminal history includes a 2004 conviction in Saline County for aggravated criminal sexual abuse for which he was sentenced to five years in the Illinois Department of Corrections (IDOC). The sentence ran concurrent to a four year sentence for a 2003 conviction in White County for possession of child pornography. Additionally, Mullen has admitted to sexually abusing several pre-teen girls over a period of several years.

In January 2007, when Mullen was scheduled for supervised release from the IDOC, 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 Morris ordered that Mullen return to the custody of IDHS. The court set the case for a dispositional hearing on November 26, 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 150 petitions filed with the courts seeking commitment of offenders who otherwise would be released from prison.

Senior Assistant Attorneys General Terry Kaid and Richard Rybak handled the case for Madigan's Sexually Violent Persons Bureau.


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