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Locey Will Be Tried Under State's Sexually Violent Person Statute
EAU CLAIRE - 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 an Eau Claire County man.
The petition was filed on May 14, 2009, in Eau Claire County Circuit Court and alleged that Timothy Locey (DOB: 11/24/1980) is a sexually violent person and should be committed for treatment. A probable cause hearing is scheduled for June 4, 2009, before Judge Lisa Stark.
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 DOJ petition, Timothy Locey was convicted of Second Degree Sexual Assault of a Child in Eau Claire County in 2003, and was sentenced to 3 years initial confinement in the Wisconsin State Prison System followed by a period of 5 years extended supervision. Locey was scheduled for release from the Department of Corrections on May 26, 2009, but will be detained at a Department of Health Services facility to await trial on the petition.
The state's petition alleges that Locey suffers from mental conditions that predispose him to engage in acts of sexual violence. The petition also alleges that Locey 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 Locey 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 Attorney General Rebecca Weise represents the state in this case.