In November 1983, Kenneth Seidler of Springfield
broke into the home of a 48-year-old woman and raped her in front of her
two young daughters. He was convicted of rape by a Sangamon County jury and
sent to the Illinois Department of Corrections to serve a 40-year sentence.
Because “truth in sentencing” laws, which
mandate that Class X felons serve 85 to 100 percent of their time,
weren’t enacted until the 1990s, after Seidler’s conviction, he
was scheduled for release in March 2006.
But Illinois Attorney General Lisa Madigan’s
office has other plans for the 56-year-old, who, according to IDOC, also
has prior convictions for attempted murder and armed robbery.
The Sexually Violent Persons Bureau, which handles
state prosecutions of sex offenders, filed a petition to commit Seidler to
the Illinois Department of Human Services for further evaluation and
treatment. After he was released from prison, Seidler was detained at the
Rushville Treatment and Detention Facility, where for the past two years he
has awaited trial on whether he should be designated a Sexually Violent
Person (SVP).
Last week a Sangamon County jury officially gave him
that designation and ordered him to remain in IDHS custody. On Oct. 29, the
court will consider two options of treatment: conditional discharge or
continued Rushville commitment.
According to the 1998 Sexually Violent Persons
Commitment Act, anyone convicted of a sexually violent offense, such as
rape or aggravated criminal sexual assault, is evaluated within three
months of release to determine if he or she meets criteria for commitment
as a SVP. If the court determines the offender is likely to be committed,
he or she is detained at the IDHS Rushville Treatment and Detention
Facility for further evaluation and eventual trial.
Scott Mulford, spokesperson for Madigan’s
office, says that Seidler and other sex offenders meet criteria for SVP if
they exhibit a mental disorder that would predispose them to commit further
acts of sexual violence.
“What we’re talking about are the prime
factors that prompt the state and the Attorney General through the Act to
keep these people in the care and custody of the state while the process
moves along, as opposed to allowing them out on the streets,” Mulford
says.
Tom Green, a spokesperson for IDHS, says almost all
SVPs are committed to Rushville first — only one out of the 223
convicted sex offenders committed went directly to conditional release.
Currently, there are 205 SVPs committed at Rushville and 147 others are
detained, awaiting evaluation or trial.
If Seidler is committed to Rushville, his treatment
could include individual and group therapy sessions, medication and therapy
for anger management, mental illness or substance abuse. After six months,
he would be reevaluated and possibly slated for conditional release.
If he was released, Seidler would undergo training on
how to avoid inappropriate situations and how to comply with the various
restrictions associated with SVP status, Green explains. If evaluation
determines he should remain at Rushville, Seidler would continue treatment
and be reevaluated every 12 months.
For more information on the Sexually Violent Persons
Commitment Act, visit www.IllinoisAttorneyGeneral.gov.
Contact Amanda Robert at arobert@illinoistimes.com.
This article appears in Sep 18-24, 2008.
