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MADISON - Attorney General J.B. Van Hollen announced today that on September 18, 2008, the Wisconsin Department of Justice filed a petition in the Kenosha County Circuit Court, alleging that Brian Threlkeld is a sexually violent person and should be committed for treatment pursuant to Wisconsins sexually violent person law.
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 Services for control, care, and treatment until the person is no longer considered sexually violent.
According to the Department of Justices petition, Threlkeld was convicted by the Kenosha County circuit court in 2000 of second degree sexual assault of a 13-year old boy. The petition alleges that Threlkeld has sexually assaulted other young boys in Wisconsin and elsewhere. The petition further alleges that Threlkeld suffers from a mental disorder that predisposes him to engage in acts of sexual violence and that he is dangerous to others because his mental disorder makes it likely that he will engage in future acts of sexual violence.
A probable cause hearing is scheduled for October 2, 2008 at 9:00 a.m. before Kenosha County Circuit Judge Anthony Milisauskas. The purpose of a probable cause hearing is for the court to determine whether sufficient evidence exists to believe that Threlked meets the criteria for commitment as a sexually violent person.
The petition only sets forth allegations of fact. Threlkeld is presumed not to be a sexually violent person and the state must prove at trial that he is.
Assistant Attorney General Paul L. Barnett represents the state.