00-3527 State of Wisconsin ex rel. Michael Gendrich v. Litscher, Secretary of the Department of Corrections

“We have reviewed the return to the writ of certiorari and find that there is substantial evidence to support the Commission’s conclusion that Gendrich’s release would pose a substantial risk to the public because he remains an untreated sex offender. Gendrich has completed the “Denier’s Program” but has not yet completed Sex Offender Treatment. Early during his incarceration, he refused to participate in the treatment program because he was still pursuing an appeal of his conviction. Recently, he has been on the institution’s waiting list for Sex Offender Treatment. No matter the reason for his not participating in treatment, a reasonable person could conclude that as an untreated sex offender, Gendrich poses a substantial risk to the public.”

Order affirmed.

Recommended for publication in the official reports.