Court will determine if sex offender can be freed

Jeremy L. Schloss was supposed to be paroled July 3 after serving part of a prison term for committing a sex crime against his former wife, but state prosecutors argue he is too dangerous to be set free.

At a Monday court hearing, DuPage Circuit Judge Kenneth Popejoy ruled enough probable cause exists to continue to hold Schloss, 27, until it is determined during a civil commitment trial whether he is likely to re-offend.

At issue is a 1998 state law that allows authorities to hold convicted sex offenders such as Schloss beyond their prison release date if they are deemed a sexually violent person.

Though critics argue the law is unconstitutional, it has withstood legal challenge. Eighteen other states have a similar law.

In Illinois, about 215 convicted sex offenders have been civilly committed for further treatment.

Schloss was due to be paroled early last month after serving part of a seven-year term. But Joelle Marasco, an assistant Illinois attorney general, cited a clinical psychologist's findings that an untreated Schloss is predisposed to re-offend because of a paraphilia mental disorder, among other issues.

Marasco argued Schloss should remain in a state facility in downstate Rushville for sex offender treatment until he can control his urges.

But defense attorney Neil J. Levine challenged the expert's findings, which he argued where based on inaccurate data. For example, Levine said the expert found Schloss had two sex offenses in his history but the first one was reduced to a battery charge.

"He's not dangerous to society," Levine said. "It's arbitrary and capricious to classify (the first offense) as sexual."

Schloss pleaded guilty to aggravated criminal sexual abuse for a Feb. 2, 2005, arrest in which his then-wife accused him of trying to rape her in their Wheaton apartment after she had rejected his sexual advances.

Initially, Schloss was placed on 36 months' probation in which he was required to undergo sex offender and alcohol treatment. On Nov. 1, 2005, he was resentenced to seven years in prison after he violated terms of his probation by repeatedly calling the woman, with whom he was ordered not to have any contact.

At the sentencing hearing, his former wife told the judge Schloss was an abusive alcoholic.

"Even with moving to a new place, I do not feel safe in my house," she said. "I am afraid that he will find me, hurt me and take (our son). Every little sound I hear scares me."

Two years earlier, in 2003, police arrested Schloss on criminal sexual abuse charges in Streamwood on suspicion he inappropriately touched a teenage girl. Schloss pleaded guilty to a lesser charge of battery and was sentenced to 30 days in jail.

He is due back in court later this year. A trial date has not been set.