MADISON (WKOW) -- A petition to commit Hershel Stanley to treatment as a sexually violent person was filed in Sauk County Circuit Court on Wednesday.
A hearing is scheduled in Judge Patrick Taggart's court for January 19.
Under Wisconsin law, a person can be civilly committed when the person has been convicted of sexually violent offenses, has a mental disorder, and is dangerous to others because the disorder makes it likely he or she will commit further acts of sexual violence. A civil commitment is defined under Wisconsin law as a commitment to the custody and care of the Department of Health Services for any control, care, and treatment until the person is no longer considered sexually violent.
According to the petition, Stanley was convicted of two counts of Second Degree Sexual Assault of a Child in Sauk County in 1998. Stanley was sentenced to six years in prison for the first count and sentenced and stayed to five years in prison for the second count. He was also placed on eight years probation. Stanley was set to be released from the Department of Corrections on January 7, 2010, but will be detained at a Department of Health Services facility until trial.
The state alleges that Stanley suffers from a mental condition that predisposes him to engage in sexually violent acts. The petition also alleges that he is dangerous because his mental disorder makes it likely that he will engage in future sexually violent acts. Until Stanley is proved to be sexually violent at trial, he is legally presumed not to be a sexually violent person.