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Mikulski To Be Tried Under State’s Sexually Violent Person Statute
MADISON — Attorney General J.B. Van Hollen announced today that following an evidentiary hearing, Polk County Circuit Court Judge Molly GaleWyrick found probable cause to believe that Christopher Mikulski (DOB 08/01/1959) is a sexually violent person and should be committed for treatment under the state’s sexually violent person law. A petition seeking to commit Mikulski for treatment was filed by the Department of Justice on September 3, 2013. A trial date has been scheduled for May 19, 2014.
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, Mikulski was convicted of First Degree Sexual Assault of a Child in Polk County in 2006 and was sentenced to 15 years in the Wisconsin State Prison System. Mikulski was scheduled for release from the Department of Corrections on September 16, 2013, but will be detained at a Department of Health Services facility awaiting trial.
The state’s petition alleges that Mikulski suffers from mental conditions that predispose him to engage in acts of sexual violence. The petition also alleges that Mikulski 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. Mikulski 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 David Maas represents the state in this case.