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Court Finds State Has Probable Cause To Commit Dye To Treatment


Dye Will Be Tried Under State's Sexually Violent Person Statute


MADISON - Attorney General J.B. Van Hollen announced today that the Wisconsin Department of Justice (DOJ) filed a petition under the state's sexual predator law against a Rock county man.


The petition was filed on February 27, 2009 in Rock County Circuit Court and alleged that James Dye (DOB  07/15/1971) is a sexually violent person and should be committed for treatment. A probable cause hearing is scheduled for April 6, 2009, before Judge Kenneth W. Forbeck.


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 and Family Services for control, care, and treatment until the person is no longer considered sexually violent.


According to the DOJ petition, James Dye was convicted of First Degree Sexual Assault of a Child in Rock County in 2005 and was sentenced to 5 years in Wisconsin State Prison System with an additional 15 years of extended supervision. Dye was scheduled for release from the Department of Corrections on March 24, 2009, but will be detained at a Department of Health Services (DHS) facility awaiting trial.


The state's petition alleges that Dye suffers from mental conditions that predispose him to engage in acts of sexual violence.  The petition also alleges that Dye 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 and a finding of probable cause only allows the state's case to move forward.  Dye is legally presumed not to be a sexually violent person unless and until the state proves him to be a sexually violent person at a trial.


Assistant Attorneys General Dennis Krueger and Nelle Rohlich represent the state in this case.