Judge: Sex offender must remain under supervision

12-11-2014 Wisconsin:

A judge determined after a 4½-hour court trial Wednesday that Kerry Abbott, deemed a sexually violent person in 2001, will remain under supervision.

Abbott, 56, who has lived alone at a rural Arkansaw residence since July 2012, petitioned for discharge from supervision. A handful of psychological reports in recent years recommended he be released because he was abiding by conditions of his release and was not likely to reoffend.

Trempealeau County Judge John Damon, after reviewing Abbott’s lengthy list of sexual assaults and hearing a psychologist say Abbott was about 30 percent likely to reoffend if released, was not persuaded to release him.

“It’s a tool,” Damon said, referring to an actuarial (statistical calculation) that indicated Abbott would not likely reoffend. “This assessment tool isn’t meant to replace the judgment of the court as to what the risk is in the future. There would be no need for this hearing if all we had to do was spit this into an actuarial.”

Damon said the severity of Abbott’s offenses, along with a statement he made while under supervised release in 1994, that he may kill his next victim, factored into the judge’s decision.

“A 30 percent chance of recidivism that he might commit another sexual assault ... is a pretty high percentage,” he said.

In re Commitment Denman, State of Wisconsin -v- Denman

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July 2015 Wisconsin:

In re Commitment Denman, State of Wisconsin -v- Denman

Kerby Denman appeals a circuit court order denying without a hearing his 2013 petition for discharge from his commitment as a sexually violent person under WIS. STAT. ch. 980 (2011-12).[1] The court concluded that the psychological report that Denman submitted in support of his 2013 petition did not allege, as required at the time under WIS. STAT. § 980.09(1), "facts from which the court or jury may conclude" that Denman "has changed since the date of his ... initial commitment order so that [he] does not meet the criteria for commitment as a sexually violent person."[2]

More specifically, the court concluded that the psychological report contains no new facts or psychological research that could not have been considered at the 2012 discharge hearing at which a prior petition for discharge filed by Denman was denied.

In support of his 2013 petition, Denman argues that the 2013 psychological report reflects use of a new risk assessment scale that no expert relied on at the 2012 discharge hearing, and that use of the new risk assessment scale constitutes a change that could persuade a fact finder that his condition has improved since commitment such that he no longer meets the criteria for commitment.

¶2 We agree with Denman that a fact finder at a new discharge hearing could conclude, based on an expert opinion accompanying his 2013 petition, that the new risk assessment scale yields a more accurate, and reduced, prediction of Denman's lifetime risk to reoffend if discharged, and thus could make a difference in determining whether he still meets the standard of dangerousness required for continued commitment.

Accordingly, we reverse.

... ... ...

CONCLUSION

¶33 For these reasons, we conclude that Denman is entitled to a discharge hearing under WIS. STAT. § 980.09(2). Accordingly, we reverse the court's order denying the petition for discharge, and remand for a discharge hearing.

By the Court.—Order reversed and cause remanded for further proceedings.

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Sex offender in treatment center again

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9-1-15 Wisconsin:

RACINE — A convicted child sex offender is no longer free in Racine after allegedly committing a series of violations that sent him back to a state-run sex offender treatment center.

Michael W. Fink, 47, was sentenced in 1994 to 14 years in prison after he was convicted of molesting two female baby sitters. His prison term was up in 2006, but before his release, he was deemed a sexually dangerous person and was transferred to Sand Ridge Secure Treatment Center in Mauston. He was kept in the locked-down treatment center through a post-prison form of involuntary civil commitment, which is used when some sex offenders are deemed too dangerous to be released back into society.

During a hearing last week, Racine County Circuit Court Judge Eugene Gasiorkiewicz agreed to revoke his supervised release after Fink had been free for about two years.

Assistant Attorney General Angelina Gabriele said Fink already had agreed to have his release revoked by Aug. 3, the prior hearing date. Fink’s defense attorney, Assistant State Public Defender Robert Peterson, didn’t object to Fink’s supervision revocation during either hearing.

A number of violations

Gabriele said Fink racked up a number of violations while he has been free. He had alcohol, contact with a felon and an unapproved sexual relationship with an adult — all of which were prohibitions, she said. Fink also was accused of illegally tapping into cable, and a child’s sock was found in his laundry, Gabriele said. Those were violations, too.

With the revocation now approved, Fink cannot petition for release again until April 21.

Fink still must register for life as a sex offender, according to the state’s Sex Offender Registry.

It was in early 2013 when Fink nearly was relocated just down the block from one of his victims. The woman, who is not being named because of the nature of the case, learned of the pending placement via a Facebook posting. That incident resulted in changes to department procedures for placing convicted sex offenders back into their communities on supervised release.

The woman said state Department of Justice staff haven’t called her, or returned her calls, about Fink’s re-commitment.

“Personally, Sand Ridge isn’t the place for him,” the woman said Monday when reached for comment. “People like him cannot be rehabilitated.”

She said Fink was arrested four times in the two years he was free, and he should be in prison.

“He needs a little bit more than Sand Ridge can offer him,” said the woman, adding she will “sleep well, until next April.”

Fink was returned to Sand Ridge sometime prior to Aug. 3, but the exact date couldn’t be determined. Wisconsin DOJ spokeswoman Anne E. Schwartz referred that question to the state’s Department of Corrections. DOC spokeswoman Joy Staab referred questions to the state Department of Health Services, which operates the center.

“But they’re probably not going to be able to release it because it’s a treatment facility,” Staab said.

A message was left Monday for a DHS spokeswoman, but she wasn’t available for comment. ..Source.. by Kristen Zambo

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