Man who could have been held until 2069 for assault might be free by year's end

A 31-year-old Wheaton man found not guilty by reason of insanity in the 2014 battery and sexual assault of an ex-girlfriend could be released from the Elgin Mental Health Center by the end of the year.

Sentencing guidelines allow Joseph McHale to be held for inpatient treatment through Feb. 1, 2069, but his attorneys have filed a petition for discharge or conditional release from the care of the Illinois Department of Human Services.

DuPage County Judge Robert Miller said Tuesday that in as recent as a July 9 treatment report, McHale's psychiatrist indicated that McHale has “substantially completed all of his treatment goals,” with the last goal being his assimilation back into society by way of an outpatient treatment program.

“The defendant needs to begin his transition ... with the goal of his release in the very near future,” Miller said.

McHale told Miller Tuesday his preference would be a program run by Alexian Brothers Health in which he would reside in a rented apartment while receiving treatment. But he needs to wait for a bed to open.

McHale and prosecutors previously said McHale's status as a registered sex offender likely would limit the options of available programs.

McHale's doctors and attorney argue his symptoms are in remission and have been for two years when McHale is on his psychotropic medicine.

Miller said he believes McHale “needs consistency” and ordered him remanded to Elgin Mental Health Center. Miller set an Oct. 16 court date for McHale's next appearance but said the case could be moved up if McHale learns of an opening at a treatment facility that will accept him.

McHale said his parents have invited him back into their Wheaton home and agreed to oversee his outpatient treatment, but prosecutors say it is unlikely the Department of Human Services would agree to releasing him on those conditions.

Prosecutors say on Aug. 2, 2014, a 23-year-old woman told police McHale forced his way into her Glen Ellyn apartment about 8:30 a.m., hit her and sexually assaulted her.

During a May hearing, McHale said he understood what he did was a crime and he could still visualize the attack. He said his medication at that time was not working and he had a hallucination about her cheating with a co-worker.

He also said he believes he is “very stable and remissive of all symptoms” and would continue taking his new medications upon his release. Without them, he said, his health would deteriorate within a month.