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

MADISON - Attorney General J.B. Van Hollen announced today that Daryl Preston, 62, was committed in Dane County Circuit Court under the state's sexually violent person law.

Dane County Circuit Court Judge Patrick J. Fiedler ordered Preston's commitment after Preston stipulated to allegations that he met the criteria for commitment under the Wisconsin's sexually violent person law.   Preston was ordered committed to the custody of the Department of Health and Family services for the purpose of sex offender treatment and control.

Preston was convicted in 1981 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 state's petition alleged 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.

 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.

Preston was scheduled to be released from prison on October 16, 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 Barbara Oswald prosecuted the case for the state.