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MADISON — Attorney General J.B. Van Hollen announced today that on July 11, 2013, Racine County Circuit Court Judge Timothy D. Boyle, after presiding over an evidentiary hearing, found probable cause that James J. Levandowski, 31, is a sexually violent person. The Wisconsin Department of Justice (DOJ) filed a petition under the state’s sexual predator law against Levandowski on May 9, 2013. A status conference has been scheduled for October 17, 2013, at 1:30 p.m.
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 March of 2000, Levandowski was convicted in Racine County of Second Degree Sexual Assault of a Child. Levandowski was incarcerated for six months jail time and then placed on probation. While on probation, Levandowski had sexual contact with more children. As a result, Levandowski’s probation was revoked and he was sent to prison. A search of Levandowski’s prison cell led to the discovery of various writings by Levandowski. In the writings, Levandowski expressed various beliefs about children, including his belief that sex with children is acceptable and his belief that it is acceptable to sexualize children.
The state’s petition alleges that Levandowski suffers from a mental condition that predisposes him to engage in acts of sexual violence. The petition also alleges that Levandowski 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. Levandowski 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 Eric Défort represents the state in this case.