Wheaton man released from mental health center on 'trial basis'
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 by the end of the year from the Elgin Mental Health Center.
Because many halfway houses or treatment centers don't accept sex offenders, Joseph McHale ultimately may be released to his parents' Wheaton home.
In the meantime, DuPage County Judge Robert Miller ordered McHale released to his parents for a one-week furlough beginning at 3 p.m. Nov. 2. McHale will return to court with his parents on Nov. 5 to give Miller an update.
"We'll see how it goes and we'll come back," Miller said.
Sentencing guidelines allow 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.
Miller said Tuesday that McHale's files indicate he has been without a psychiatric episode for more than two years and has been on his daily psychotropic medication and completed nine of his 10 treatment goals.
The final goal is for McHale to find adequate housing as he begins to assimilate back into society and start outpatient treatment.
Based on McHale's progress, Miller initally said he was prepared to release McHale from the Department of Human Services to his parents "on a trial basis" Tuesday. But Assistant State's Attorney Lee Roupas interrupted and reminded Miller they were in the midst of a discharge hearing and Roupas was still entitled to present his "case in chief" for why McHale should remain in the care of the Department of Human Services.
It was at that time Miller set Nov. 5 to resume the hearing and extended McHale's occasional daytime home visits into the weeklong furlough.
Prosecutors say on Aug. 2, 2014, a 23-year-old woman told police McHale forced his way into her Glen Ellyn apartment, hit her and sexually assaulted her.
During the beginning of his discharge hearing in May, 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.
If and when discharged, McHale told Miller he would continue taking his daily medication and attend any counseling that is ordered.