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MADISON - The Wisconsin Department of Justice (DOJ) has filed a petition under the state's sexual predator law against a Trempealeau County man. According to Attorney General J.B. Van Hollen, the petition was filed on May 21, 2007, in Trempealeau County Circuit Court, and alleged that Carl Kaminski (DOB January 26, 1969) is a sexually violent person and should be committed for treatment. A probable cause hearing will be scheduled before Judge John A. Damon.
Chapter 980 of the Wisconsin Statutes relates to the control, care and treatment of sexually violent persons. Under Wisconsin law, a person may be subject to a civil commitment when the person has been convicted of a sexually violent offense, has a mental disorder, and is dangerous to others because the mental disorder makes it likely he or she will commit further acts of sexual violence. A civil commitment is defined in Wisconsin law as commitment to the custody and care of the Department of Health and Family Services (DHFS) for control, care, and treatment until the person is no longer considered sexually violent.
According to the DOJ petition, Carl Kaminski was convicted of Second Degree Sexual Assault of a Child in Trempealeau County in 1996 and was sentenced to ten years in the Wisconsin State Prison System. Kaminski was scheduled for release from the Stanley Correctional Institution on May 24, 2007, but will be detained at a DHFS facility pending further hearings.
The state's petition alleges that Carl Kaminski suffers from mental conditions that predispose him to engage in acts of sexual violence. The petition also alleges that Carl Kaminski is dangerous as his mental disorders make it likely that he will engage in future acts of sexual violence. A petition is only an allegation, and Carl Kaminski is legally presumed not to be a sexually violent person unless and until proven to be a sexually violent person.
Assistant Attorney General Juan Colas and District Attorney Jeri Marsolek will represent the state in this case.