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Allen F. Thomas Bound Over for Trial Under State's Sexually Violent Person Statute


MADISON — Attorney General J.B. Van Hollen announced today that Dane County Circuit Court Judge C. William Foust, after presiding over an evidentiary hearing, found probable cause that Allen F. Thomas, 44, is a sexually violent person. The Wisconsin Department of Justice (DOJ) filed a petition under the state’s sexual predator law against Thomas on June 21, 2013.


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, Thomas was convicted in Dane County on one count of Child Enticement-Sexual Contact. Thomas was sentenced to 78 months confinement in the Wisconsin State Prison System and 10 years extended supervision. Thomas was scheduled to be discharged from the Department of Corrections on June 25, 2013, but was detained at a Department of Health Services facility to await trial on the petition.


The state’s petition alleges that Thomas suffers from a mental condition that predisposes him to engage in acts of sexual violence. The petition also alleges that Thomas is dangerous as his mental disorder 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. Thomas 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.