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MADISON - The Wisconsin Department of Justice has filed a petition in the Dane County Circuit Court alleging that Daryl Preston is a sexually violent person and should be committed for treatment pursuant to the state's sexually violent person law, Attorney General J.B. Van Hollen announced today.


Under Wisconsin's sexually violent person 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.


According to the Department of Justice's petition, in 1981, Preston was convicted in Dane County of second-degree sexual assault, attempted first degree murder, armed burglary, and false imprisonment for assaulting and repeatedly stabbing an adult female. Preston was previously convicted in Dane County in 1974 for assaulting a 14-year old girl and in 1978 for assaulting a 17-year-old girl. The petition argues that Preston suffers from mental conditions that predispose him to engage in acts of sexual violence. The petition also alleges that Preston is dangerous as his mental disorders make it likely that he will engage in future acts of sexual violence.


A probable cause hearing is scheduled for October 24, 2007, before Judge Patrick Fiedler.


A petition is only an allegation. Preston is presumed not to be a sexually violent person unless and until proven in judicial proceedings to be a sexually violent person. The state bears the burden of proof at trial.


Assistant Attorney General Barbara Oswald is representing the state.