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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 Racine County man.
The petition was filed on November 8, 2012, in Racine County Circuit Court and alleges that James M. Lalor (DOB 07/26/1966) is a sexually violent person and should be committed for treatment. A probable cause hearing is scheduled before the Honorable Timothy D. Boyle on November 21,2012.
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, Lalor was convicted of two counts of FirstDegreeSexual Assault of a Child, in violation of Wis. Stat. §948.02(1) in Racine County Case No.92-CF-438 on August 27, 1992. This offense is a sexually violent offense as defined in Wis. Stat. §980.01(6)(a) and (c). On August 27, 1992, Lalor received ten years confinement in the Wisconsin State Prison System on count one and ten years confinement in the Wisconsin State Prison System, consecutive to the sentence imposed for count one, stayed, and ten years probation on count two for his conviction in CaseNo.92-CF-438.
The state's petition alleges that Lalor suffers from mental conditions that predispose him to engage in acts of sexual violence. The petition also alleges that Lalor 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. Lalor 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 R. Weise represents the state in this case.