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MADISON The Wisconsin Department of Justice filed a petition in Dunn County Circuit Court on September 10, 2008, alleging that Montgomery L. Clark is a sexually violent person and should be committed for treatment pursuant to the states sexually violent person law, Attorney General J.B. Van Hollen announced today.
At a hearing held on October 6, 2008, Dunn County Circuit Court Judge William C. Stewart Jr. found probable cause to believe Montgomery Clark meets the criteria for commitment as a sexually violent person under Chapter 980 and should be held for trial. A status conference in the case is currently scheduled for November 6, 2008. A trial will be scheduled at a later point in time.
Under Wisconsins 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 Services for control, care and treatment until the person is no longer considered sexually violent.
According to the Department of Justices petition, in 2003, Montgomery Clark was convicted in Dunn County of Second Degree Sexual Assault with Use of Force. The petition argues that Clark suffers from mental conditions that predispose him to engage in acts of sexual violence. The petition also alleges that Clark 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. Montgomery Clark 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 Jeffrey M. Gabrysiak is representing the state.