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01-2226 In the Interest of Terry T. v. Terry T.

By: dmc-admin//February 11, 2002//

01-2226 In the Interest of Terry T. v. Terry T.

By: dmc-admin//February 11, 2002//

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And this is so even though defendant was subsequently found to be delinquent under a Class B felony, that he posed a danger to the public and he required more restrictive custodial treatment.

Accordingly, the order of the trial court is reversed.

“In this instance, there is no question that Terry’s original placement was not to the SJOP or a secured institution. Indeed, the record clearly indicates that all parties agreed that the most appropriate placement for Terry, based on his history and behavior, was the Homme Home, which has a sex offender treatment program specially designed for people with cognitive disabilities. In fact, the court postponed the dispositional hearing to accommodate an opening at Homme Home later in the summer. The State believed this was ‘the best place for him’ and would avoid Lincoln Hills placement. Terry made no objection and at the subsequent dispositional hearing, which coincided with the opening at Homme Home, the court concurred that Homme Home placement was ‘very appropriate under the circumstances.’ The dispositional order had a one-year expiration date….

“Given our conclusion that Terry [as a 12-year old] was not originally eligible for the SJOP, we find it untenable to place him in the program at a later proceeding. Such a result would allow the State to bootstrap the original sexual assault violation as a basis for placement in the SJOP now that Terry is of age, even though the court had previously concluded secured placement was not the most appropriate setting. We cannot allow the State to avoid meeting the criteria for the SJOP at the original disposition by piggybacking it on to Terry’s more recent misconduct for which no new charges were ever filed.”

Reversed.

Recommended for publication in the official reports.

Dist II, Walworth County, Race, J., Brown, J.

Attorneys:

For Appellant: Gregory Bates, Kenosha

For Respondent: Phillip A. Koss, Elkhorn; Diane M. Resch, Elkhorn; Susan M. Crawford, Madison

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