Attorney General J.B. Van Hollen ANNOUNCES COMMITMENT OF WESTBY TO TREATMENT UNDER CHAPTER 980

MADISON - Attorney General J.B. Van Hollen announced today that Gregory Westby, 46, was committed in Dane County Circuit Court under the state's sexually violent person law.

On November 8, 2007, after a four day trial, Dane County Circuit Court Judge Sarah O'Brien ordered Westby's commitment after a jury found that Westby met the criteria for commitment under Wisconsin's sexually violent person law.   Westby was ordered committed to the custody of the Department of Health and Family services for the purpose of sex offender treatment and control.

Westby was convicted in 1997 of second-degree sexual assault in Dane County for sexually assaulting a 13 year old boy.

At the trial, the state adduced evidence that Westby suffers from mental conditions that predispose him to engage in acts of sexual violence. The state also presented evidence that Westby is dangerous because his mental disorders make it likely that he will engage in future acts of sexual violence.

Chapter 980 of the Wisconsin Statues 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 for control, care and treatment until the person is no longer considered sexually violent.

Westby was scheduled to be released from prison on March 9, 2007.  After the commitment petition was filed by the state he was transferred to secure custody in a Department of Health and Family Services institution while awaiting resolution of the court proceedings.

Assistant Attorney General Gary A. Freyberg prosecuted the case for the state.