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The Wisconsin Department of Justice Seeks to Commit Everett Mosher for Treatment
 

MADISON — Attorney General J.B. Van Hollen announced today that the Wisconsin Department of Justice (DOJ) filed a petition under the state’s sexual predator law against a Dane County man.  The petition was filed on July 11, 2014, in Dane County Circuit Court, and alleges that Everett W. Mosher (DOB 09/28/1962) is a sexually violent person and should be committed for treatment.  A probable cause hearing is scheduled before the Honorable Juan B. Colás on July 25, 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, Mosher pleaded no contest to two counts (Counts 3 and 4) of Second Degree Sexual Assault of a Child in Dane County Case No. 96-CF-2327 on April 1, 1997.  On July 17, 1997, he received 17 years confinement in the Wisconsin State Prison System on Count 3 and a withheld sentence and 20 years probation on Count 4 for his conviction in Case No. 96-CF-2327.  Two counts of Second Degree Sexual Assault of a Child (Counts 1 and 2) were dismissed.  Mosher is scheduled to be released from the Department of Corrections on July 17, 2014, but will be detained at a Department of Health Services facility to await further proceedings on the petition. 

 

The state’s petition alleges that Mosher suffers from mental conditions that predispose him to engage in acts of sexual violence.  The petition also alleges that Mosher 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.  Mosher 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 Annie Jay represents the state in this case.