"Halloween Killer" Gerald Turner remains behind bars ahead of a hearing that could determine whether or not he'll be committed to a hospital for being a sexually violent person.

Turner, convicted in 1975 for the killing and sexual assault of 9-year-old Lisa French, was scheduled to be released from prison on Feb. 1.

The Wisconsin Department of Justice on Friday filed a petition that argues Turner is a sexually violent person and is eligible for commitment under Wisconsin law.

The court has scheduled a probable cause hearing for Feb. 9 in Fond du Lac County.

Turner was convicted of Indecent Liberties with a Child Under the Age of 16 years, Abnormal Sexual Perversion, and Second Degree Murder for the Halloween 1973 killing of Lisa French.

He was sentenced to 38 years in prison. Turner was released in 1992, but returned to prison when a court challenged whether or not he had served enough time.

Turner was granted parole in 1998, but that was revoked when he was caught using pornography and stealing cable TV. He returned to prison in 2003.

Lisa French's mother, Maryann, created an petition online to stop Turner's February release. It got thousands of signatures.

If Turner is committed, he would be turned over to the state's Department of Health Services for treatment, according to state law.

Turner has shown interest in moving to the Madison area should he be released, according to the Dane County Sheriff's Office. Officials held a news conference Monday to inform the community of Turner's plans.

Sheriff David Mahone says locations include the City of Madison, Town of Madison, City of Monona or the City of Middleton.

If released, Turner will have to register as a sex offender and he will be subject to GPS monitoring.