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MADISON - Attorney General J.B. Van Hollen announced today that on October 7, 2009, Kevin Lindauer, a Dane County resident, age 44, was found to be a sexually violent person under Wisconsin's civil commitment law (Chapter 980, Wis. Stats.) following a two-day trial to the court. Dane County Circuit Court Judge Amy R. Smith presided over the case and ordered Lindauer to be held in secure custody by the Wisconsin Department of Health Services.
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 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.
Lindauer was convicted in Dane County Circuit Court of Third Degree Sexual Assault on January 11, 2002. Lindauer sexually assaulted a developmentally disabled man in a group home by performing fellatio on the man without the man's consent. Lindauer, who suffers from a traumatic brain injury, was originally sentenced to ten years of probation. After multiple violations of his parole Lindauer was sentenced on March 15, 2007, to eighteen months in prison. Previous to the 2002 conviction, on March 4, 1997, Lindauer was convicted of Fourth Degree Sexual Assault for fondling the penises of two separate Dane County Jail inmates without their consent; at least one of them was asleep when the assault began. Lindauer received a two year probation sentence for the 1997 conviction.
Lindauer was scheduled to be released on December 4, 2007. Upon a recommendation from the Department of Corrections, the Department of Justice reviewed Lindauer's case and filed a petition on November 29, 2007, seeking to commit him as a sexually violent person.
Lindauer has now been committed to the custody of the Wisconsin Department of Health Services for care and control and is expected to be housed at the Sand Ridge Secure Treatment Center in Mauston, Wisconsin, for the purpose of receiving treatment.
Assistant Attorney General Rebecca Weise represented the state in this trial.