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MADISON — Attorney General J.B. Van Hollen announced today that Kerby Denman (12/15/1962) was determined still to be a sexually violent person by Judge James Evenson under Wisconsin's civil commitment law following a trial in Baraboo, WI.
After the court found that Denman is still a sexually violent person and not eligible for discharge, Denman asked the court for supervised release. Judge Evenson also determined that Denman is not eligible for supervised release.
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 that predisposes the person to engage in acts of sexual violence, and is dangerous to others because the mental disorder makes it more likely than not that 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.
Denman was originally committed as a sexually violent person in April of 1999. He was granted supervised release and placed in the community under supervision from July of 2004 through November 2004, April of 2006 through January of 2007 and October of 2008 through March of 2010 at which point his supervised release was revoked.
At trial, evidence was presented that Denman was convicted of First Degree Sexual Assault of a Child in 1985 and again in 1986. The evidence at trial demonstrated that while on supervised release, he has engaged in acts of sexual misconduct, incurred numerous rules violations and is still in need of sexual offender counseling. At trial, psychological evaluators from the Department of Health Services and an independent examiner testified that Denman suffers from a mental disorder that predisposes him to engage in acts of sexual violence. One of the evaluators also testified that Denman is dangerous to others as his mental disorder makes it likely that he will engage in future acts of sexual violence if released.
Assistant Attorney General Karie Cattanach represented the State in this case.