SEXUALLY VIOLENT PERSON COMMITMENTS
Notice to the department of justice and district attorney.
Sexually violent person petition; contents; filing.
Rights of persons subject to petition.
Change of place of trial or jury from another county.
Discovery and inspection.
Miscellaneous procedural provisions.
Detention; probable cause hearing; transfer for examination.
Deoxyribonucleic acid analysis requirements.
Institutional care for sexually violent persons.
Activities off grounds.
Periodic reexamination and treatment progress; report from the department.
Patient petition process.
Supervised release; procedures, implementation, revocation.
Petition for discharge.
Procedures for discharge hearings.
Reversal, vacation or setting aside of judgment relating to a sexually violent offense; effect.
Determination of county and city, village, or town of residence.
Notice concerning supervised release or discharge.
Department duties; costs.
In this chapter:
"Act of sexual violence" means conduct that constitutes the commission of a sexually violent offense.
"Agency with jurisdiction" means the agency with the authority or duty to release or discharge the person.
"Department" means the department of health services.
"Incarceration" includes confinement in a juvenile correctional facility, as defined in s. 938.02 (10p)
, or a secured residential care center for children and youth, as defined in s. 938.02 (15g)
, if the person was placed in the facility for being adjudicated delinquent under s. 48.34
, 1993 stats., or under s. 938.183
on the basis of a sexually violent offense.
"Likely" means more likely than not.
"Mental disorder" means a congenital or acquired condition affecting the emotional or volitional capacity that predisposes a person to engage in acts of sexual violence.
"Secretary" means the secretary of health services.
"Serious child sex offender" means a person who has been convicted, adjudicated delinquent or found not guilty or not responsible by reason of insanity or mental disease, defect or illness for committing a violation of a crime specified in s. 948.02 (1)
, 948.025 (1)
, or 948.085
against a child who had not attained the age of 13 years.
"Sexually motivated" means that one of the purposes for an act is for the actor's sexual arousal or gratification or for the sexual humiliation or degradation of the victim.
"Sexually violent offense" means any of the following:
An offense that, prior to June 2, 1994, was a crime under the law of this state and that is comparable to any crime specified in par. (a)
Any crime specified in s. 940.01
, 940.19 (2)
, or (6)
, 940.195 (4)
, or 948.03
that is determined, in a proceeding under s. 980.05 (3) (b)
, to have been sexually motivated.
An offense that, prior to June 2, 1994, was a crime under the law of this state, that is comparable to any crime specified in par. (b)
and that is determined, in a proceeding under s. 980.05 (3) (b)
, to have been sexually motivated.
"Sexually violent person" means a person who has been convicted of a sexually violent offense, has been adjudicated delinquent for a sexually violent offense, or has been found not guilty of or not responsible for a sexually violent offense by reason of insanity or mental disease, defect, or illness, and who is dangerous because he or she suffers from a mental disorder that makes it likely that the person will engage in one or more acts of sexual violence.
"Significant progress in treatment" means that the person has done all of the following:
Meaningfully participated in the treatment program specifically designed to reduce his or her risk to reoffend offered at a facility described under s. 980.065
Participated in the treatment program at a level that was sufficient to allow the identification of his or her specific treatment needs and then demonstrated, through overt behavior, a willingness to work on addressing the specific treatment needs.
Demonstrated an understanding of the thoughts, attitudes, emotions, behaviors, and sexual arousal linked to his or her sexual offending and an ability to identify when the thoughts, emotions, behaviors, or sexual arousal occur.
Demonstrated sufficiently sustained change in the thoughts, attitudes, emotions, and behaviors and sufficient management of sexual arousal such that one could reasonably assume that, with continued treatment, the change could be maintained.
"Substantially probable" means much more likely than not.
"Treating professional" means a licensed physician, licensed psychologist, licensed social worker, or other mental health professional who provides, or supervises the provision of, sex offender treatment at a facility described under s. 980.065
Chapter 980 creates a civil commitment procedure primarily intended to provide treatment and protect the public, not to punish the offender. As such the chapter does not provide for "punishment" in violation of the constitutional prohibitions against double jeopardy or ex post facto laws. State v. Carpenter, 197 Wis. 2d 252
, 541 N.W.2d 105
Chapter 980 does not violate substantive due process guarantees. The definitions of "mental disorder" and "dangerous" are not overbroad. The treatment obligations under ch. 980 are consistent with the nature and duration of commitments under the chapter. The lack of a precommitment finding of treatability is not offensive to due process requirements. State v. Post, 197 Wis. 2d 279
, 541 N.W.2d 115
Chapter 980 does not violate equal protection guarantees. The state's compelling interest in protecting the public justifies the differential treatment of the sexually violent persons subject to the chapter. State v. Post, 197 Wis. 2d 279
, 541 N.W.2d 115
A child enticement conviction under a statute that had been repealed and recreated under a new statute number was a sexually violent offense under sub. (6), although the former number was not listed in the new statute. State v. Irish, 210 Wis. 2d 107
, 565 N.W.2d 161
(Ct. App. 1997), 96-2303
Under sub. (7), a "mental disorder that makes it substantially probable that the person will engage in acts of sexual violence" is a disorder that predisposes the affected person to sexual violence. A diagnosis of "antisocial personality disorder," uncoupled with any other diagnosis but coupled with sufficient evidence establishing that a defendant is a "sexually violent person," may constitute "a mental disorder that makes it substantially probable that the person will engage in acts of sexual violence under sub. (7). State v. Adams, 223 Wis. 2d 60
, 588 N.W.2d 336
(Ct. App. 1998), 96-3136