A man who has been held at Mendota Mental Health Institute for most of the 23 years since he killed his sister will be released to an East Side Madison group home, a Rock County judge ruled Tuesday.

Mark Staskal, 44, of Milton, will get a conditional release to the group home at 924 E. Mifflin St., near Lapham Elementary School, Circuit Judge Michael Byron decided.

It's unclear when Staskal will move into the home.

The ruling comes six months after Staskal had an unsuccessful conditional release to an Eau Claire group home, and over the strong objections of Staskal's mother, Melly, who believes her son is capable of killing again.

Staskal moved to the Eau Claire group home, the Bernice and Genevieve Foundation, in early November, but admitted having violent thoughts and was returned to Mendota 11 days later, his mother said Tuesday morning.

"Mark's behavior at Mendota is good," the mother said. "I believe that's because all his mental health needs are met at Mendota.

"I don't think a small group home is going to have the finances, the security, the education, the training and background for this complex mental illness my son has."

Staskal was found not guilty due to mental disease or defect in the 1984 stabbing death of his sister. He has been housed at Mendota since then, except for his brief release to the Eau Claire facility.

Staskal has been diagnosed with schizophrenia, his parents have said.

The state's process for conditional release emphasizes safety, said Stephanie Marquis, spokeswoman for the Department of Health and Family Services, who couldn't comment on specifics due to patient confidentiality.

Under the state's process, a mental health patient may petition the court every six months for placement in the community, Marquis said.

The court hears expert testimony and decides on the petition, she said. If the petition is granted, the department creates a release plan covering location, continuing treatment, supervision, medications and other issues, she said. Marquis added that the department has a legal obligation to carry out the plan once order by the court.

"Someone's not placed in the community unless it's determined they're safe," Marquis said, noting the program has a recidivism rate of less than 1 percent.

In approving the department's plan Tuesday, Byron ordered that the Madison Police Department and Dane County Sheriff's Office be notified.

Capt. Mary Schauf, of Madison's Central Police District, said she and other department staff attended a detailed briefing last week by Health and Family Services. "We got a lot of information," Schauf said, adding that because of confidentiality, she could not discuss it publicly but more detailed information is being shared with the Police Department.

Ald. Brenda Konkel, 2nd District, said Health and Family Services gave her and others a confidential briefing last week.

The briefing, Konkel said, included reassuring information about the release plan and data about how rare it is for someone in the program to be sent back, re-offend or do something violent.

"I'm pretty confident they're doing everything they can," she said. But "I totally understand why the community would be upset and concerned."

Mike Hertting, principal of Lapham Elementary School, 1045 E. Dayton St., attended Tuesday's court hearing to voice concern about the safety of children at the school, which is about 150 steps from the group home. "I'm still concerned," he said afterward. "My job is to move on and work with everybody and make sure our kids are safe."

Melly Staskal said the release is unfair to her son, her family and the community.

"My son did not choose the mental illness he has. It chose him," she said. "To me, (the release) doesn't make sense."