MADISON - A state appeals court has ordered a release hearing for a former Monroe man committed as a sexually violent person after he was twice convicted of sexually assaulting a child.
In an opinion released Thursday, the District 4 Court of Appeals concluded that the petition seeking the discharge of Charles M. Ermers Jr. from confinement fulfills the requirements for a hearing that Green County Circuit Judge James Beer denied Ermers in 2009.
Ermers, 44, was convicted in Green County for sexual assault of a child in 1986, released from prison in 1993 and convicted again on the same charge in 1995. As Ermers was about to be released from prison in 2003, he was committed to a secure treatment facility under the sexually violent persons law after a finding that there was a "substantial probability" he would engage in acts of sexual violence.
Ermers was periodically assessed for his risk to re-offend if released.
In September 2009, he filed a petition to be released based on the "substantial probability" standard to reoffend had been changed to "more likely than not" to reoffend, and a psychiatrist's favorable report.
Hired by the court as an independent evaluator, Dr. Craig Rypma found that Ermers continued to have a mental disorder-pedophilia-that predisposed him to commit acts of sexual violence. However, in Dr. Rypma's opinion, Ermers does not met the standard of being "more likely that not" to commit future acts of sexual violence and recommended his release.
Rypma found that new research showed measures previously used overestimated the chances of reoffending. Rypma placed Ermers' chances of reoffending in the 23 percent range.
Ermers appealed Beer's denial.
On appeal, the state argued that Ermer's actual mental condition must become less serious, not just that research has changed how the condition is viewed by health care professionals, in order to warrant a release hearing.
The District 4 Court disagreed. Since courts rely on professionals at a hearing where an offender can be initially committed, courts should not ignore them when considering whether to discharge the offender, according to the opinion.
"We see no rationale for interpreting (the sexually violent persons law) to prevent a committed person from obtaining a discharge hearing based on a change in that knowledge or research when, in the opinion of an expert, that change results in the person not meeting the criteria for commitment," Judge Margaret Vergeront wrote in a 19-page opinion.
The opinion returns the case to Beer to hold a hearing to consider whether Ermers now meets the criteria for his release.
William Cosh, a spokesperson for the Attorney General's office which argued the appeal, said he had no comment Thursday on the decision.
A call to Public Defender Steven Phillips, who represented Ermers on appeal, wasn't returned before deadline.
In an opinion released Thursday, the District 4 Court of Appeals concluded that the petition seeking the discharge of Charles M. Ermers Jr. from confinement fulfills the requirements for a hearing that Green County Circuit Judge James Beer denied Ermers in 2009.
Ermers, 44, was convicted in Green County for sexual assault of a child in 1986, released from prison in 1993 and convicted again on the same charge in 1995. As Ermers was about to be released from prison in 2003, he was committed to a secure treatment facility under the sexually violent persons law after a finding that there was a "substantial probability" he would engage in acts of sexual violence.
Ermers was periodically assessed for his risk to re-offend if released.
In September 2009, he filed a petition to be released based on the "substantial probability" standard to reoffend had been changed to "more likely than not" to reoffend, and a psychiatrist's favorable report.
Hired by the court as an independent evaluator, Dr. Craig Rypma found that Ermers continued to have a mental disorder-pedophilia-that predisposed him to commit acts of sexual violence. However, in Dr. Rypma's opinion, Ermers does not met the standard of being "more likely that not" to commit future acts of sexual violence and recommended his release.
Rypma found that new research showed measures previously used overestimated the chances of reoffending. Rypma placed Ermers' chances of reoffending in the 23 percent range.
Ermers appealed Beer's denial.
On appeal, the state argued that Ermer's actual mental condition must become less serious, not just that research has changed how the condition is viewed by health care professionals, in order to warrant a release hearing.
The District 4 Court disagreed. Since courts rely on professionals at a hearing where an offender can be initially committed, courts should not ignore them when considering whether to discharge the offender, according to the opinion.
"We see no rationale for interpreting (the sexually violent persons law) to prevent a committed person from obtaining a discharge hearing based on a change in that knowledge or research when, in the opinion of an expert, that change results in the person not meeting the criteria for commitment," Judge Margaret Vergeront wrote in a 19-page opinion.
The opinion returns the case to Beer to hold a hearing to consider whether Ermers now meets the criteria for his release.
William Cosh, a spokesperson for the Attorney General's office which argued the appeal, said he had no comment Thursday on the decision.
A call to Public Defender Steven Phillips, who represented Ermers on appeal, wasn't returned before deadline.