MADISON, Wis. -- A state legislator is asking questions about the procedures that were followed in Mark Staskal's placement -- and whether the laws need to be changed.

Rep. Jeff Smith, D-Eau Claire, said he's frustrated that a system that is supposed to protect victims and the public, seems to be broken. Smith represents the Eau Claire area -- where Staskal was placed late last year.

"Nobody had ever inspected that home, before we asked them to," Smith said.

A lack of trained staff and other violations forced Staskal back to the Mendota Mental Health Institute.

A Rock County judge on Tuesday approved Staskal's placement in a group home on Madison's East Side that is less than a block from an elementary school.

Staskal has lived at Mendota Mental Health Institute since being found not guilty by reason of mental disease or defect in the stabbing death of his younger sister, Marcy, at their parents' Milton home in 1984.

Despite the judge's ruling, Staskal's parents said that he's not ready to leave the Mendota treatment facility. The Rock County District Attorney's Office also cited examples of why Staskal isn't ready to leave and why the home in Madison isn't appropriate.

"The staff isn't in place yet," Rock County Assistant District Attorney Ray Jablonski said. "They still have to train some staff for that 24-hour type of supervision. And we don't feel that there will be enough supervision of the defendant at that location."

"This particular judge seemed to have no concerns whatsoever for the testimony he heard from the parents, from the professionals who were treating him," Smith said.

Smith said he will soon introduce legislation to change how placement decisions are made for individuals with a violent past. He said more needs to be done to make sure the individual, the victims and the public are safe.

"I think the judge needs to be much more careful with the testimony that he receives and follow that more closely," Smith said.

Specifically, Smith said he wants to explore the decision-making process in which judges make placement decisions and how to ensure those judges consider every bit of testimony before making a ruling.

Smith also wants more clarification on public notification, if and when an individual with a violent past moves into a neighborhood.

In this case, the city of Madison was notified that Staskal could be moving into the East Side, but there's no policy in place requiring notification to public officials and to the public. In fact, Smith said it didn't happen at all in Eau Claire last year and that even the police chief didn't know about Staskal's placement.

It's an issue Smith said he also plans to explore when the next legislative session comes around.