The Wisconsin Department of Justice Seeks to Commit Jimmie L. Miller for Treatment

Sep 8 2014
The Wisconsin Department of Justice Seeks to Commit Jimmie L. Miller 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 Racine County man.  The petition was filed on September 4, 2014, in Racine County Circuit Court, and alleges that Jimmie L. Miller (DOB 07/21/1954) is a sexually violent person and should be committed for treatment.  A probable cause hearing is scheduled before the Honorable Eugene A. Gasiorkiewicz on September 12, 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, Miller pleaded guilty to one count of First Degree Sexual Assault of a Child on October 18, 2005.  On December 12, 2005, Miller received 10 years confinement in the Wisconsin State Prison System and 20 years extended supervision.  Miller is scheduled to be released from the Department of Corrections on September 9, 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 Miller suffers from mental conditions that predispose him to engage in acts of sexual violence.  The petition also alleges that Miller 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.  Miller 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.