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Robert O. Miller, Jr. Bound Over for Trial Under State's Sexually Violent Person Statute


BARABOO — Attorney General J.B. Van Hollen announced today that Sauk County Circuit Court Judge Guy Reynolds, after presiding over an evidentiary hearing, found probable cause that RobertO.Miller,Jr., 32, is a sexually violent person. The Wisconsin Department of Justice (DOJ) filed a petition under the state's sexual predator law against Robert O. Miller, Jr. on October 13, 2011.


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, in October 2006 Miller was convicted on his plea of “no contest” in Sauk County of one count of SecondDegree Sexual Assault of a Child. Miller was sentenced to ten years confinement in the Wisconsin State Prison System, stayed, in lieu of ten years of probation. Due to a series of probation violations, in September 2007, Miller's probation was revoked. Miller was ordered to serve five years confinement in the Wisconsin State Prison System, followed by five years of Extended Supervision. Miller was discharged from the Department of Corrections on October 18, 2011, and will be detained at a Department of Health Services facility to await trial on the petition.


The state's petition alleges that Miller suffers from a mental condition that predisposes him to engage in acts of sexual violence. The petition also alleges that Miller is dangerous as his mental disorder makes 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. Miller 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 Richard Dufour represents the state in this case.