THE WISCONSIN DEPARTMENT OF JUSTICE SEEKS TO COMMIT DENNIS YARBER FOR TREATMENT UNDER CHAPTER 980

Oct 17 2014
THE WISCONSIN DEPARTMENT OF JUSTICE SEEKS TO COMMIT DENNIS YARBER FOR TREATMENT UNDER CHAPTER 980

 

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 Racine County man.  The petition was filed on October 17, 2014, in Racine County Circuit Court, and alleges that Dennis L. Yarber (DOB 06/03/1949) is a sexually violent person and should be committed for treatment.  A probable cause hearing is scheduled before the Honorable Eugene A. Gasiorkiewicz on October 30, 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, Yarber pleaded guilty to one count of Second Degree Sexual Assault of a Child, in Racine County Case No. 94-CF-973; one count of Second Degree Sexual Assault of a Child, in Racine County Case No. 95-CF-681; and one count of Second Degree Sexual Assault of a Child, in Racine County Case No. 95-CF-817 on February 26, 1996.  On April 22, 1996, respondent received 10 years confinement in the Wisconsin State Prison System for his conviction in Case No. 94-CF-973; 10 years in the Wisconsin State Prison System, consecutive, for his conviction in Case No. 95-CF-681; and 10 years in the Wisconsin State Prison System, consecutive, for his conviction in Case No. 95-CF-817.  Yarber is scheduled to be released from the Department of Corrections on October 21, 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 Yarber suffers from mental conditions that predispose him to engage in acts of sexual violence.  The petition also alleges that Yarber 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.  Yarber 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.