CHAPTER 980
SEXUALLY VIOLENT PERSON COMMITMENTS
980.015 Notice to the department of justice and district attorney.
980.02 Sexually violent person petition; contents; filing.
980.03 Rights of persons subject to petition.
980.04 Detention; probable cause hearing; transfer for examination.
980.063 Deoxyribonucleic acid analysis requirements.
980.065 Secure mental health unit or facility for sexually violent persons.
980.07 Periodic reexamination; report.
980.08 Petition for supervised release.
980.09 Petition for discharge; procedure.
980.10 Additional discharge petitions.
980.105 Determination of county of residence.
980.11 Notice concerning supervised release or discharge.
980.12 Department duties; costs.
980.01
980.01
Definitions. In this chapter:
980.01(1)
(1) "Department" means the department of health and family services.
980.01(2)
(2) "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.
980.01(4)
(4) "Secretary" means the secretary of health and family services.
980.01(5)
(5) "Sexually motivated" means that one of the purposes for an act is for the actor's sexual arousal or gratification.
980.01(6)
(6) "Sexually violent offense" means any of the following:
980.01(6)(c)
(c) Any solicitation, conspiracy or attempt to commit a crime under
par. (a) or
(b).
980.01(7)
(7) "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 substantially probable that the person will engage in acts of sexual violence.
980.01 History
History: 1993 a. 479;
1995 a. 27 s.
9126 (19).
980.01 Annotation
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 W (2d) 252, 541 NW (2d) 105 (1995).
980.01 Annotation
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 and the lack of a precommitment finding of treatability is not offensive to due process requirements. State v. Post, 197 W (2d) 279, 541 NW (2d) 115 (1995).
980.01 Annotation
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 W (2d) 279, 541 NW (2d) 115 (1995).
980.01 Annotation
The constitutionality of Wisconsin's Sexual Predator Law. Straub & Kachelski. Wis. Law. July, 1995.
980.015
980.015
Notice to the department of justice and district attorney. 980.015(1)(1) In this section, "agency with jurisdiction" means the agency with the authority or duty to release or discharge the person.
980.015(2)
(2) If an agency with jurisdiction has control or custody over a person who may meet the criteria for commitment as a sexually violent person, the agency with jurisdiction shall inform each appropriate district attorney and the department of justice regarding the person as soon as possible beginning 3 months prior to the applicable date of the following:
980.015(2)(a)
(a) The anticipated discharge from a sentence, anticipated release on parole or anticipated release from imprisonment of a person who has been convicted of a sexually violent offense.
980.015(2)(b)
(b) The anticipated release from a secured correctional facility, as defined in
s. 938.02 (15m), or a secured child caring institution, as defined in
s. 938.02 (15g), of a person adjudicated delinquent under
s. 938.34 on the basis of a sexually violent offense.
980.015(2)(c)
(c) The termination or discharge of a person who has been found not guilty of a sexually violent offense by reason of mental disease or defect under
s. 971.17.
980.015(3)
(3) The agency with jurisdiction shall provide the district attorney and department of justice with all of the following:
980.015(3)(a)
(a) The person's name, identifying factors, anticipated future residence and offense history.
980.015(3)(b)
(b) If applicable, documentation of any treatment and the person's adjustment to any institutional placement.
980.015(4)
(4) Any agency or officer, employe or agent of an agency is immune from criminal or civil liability for any acts or omissions as the result of a good faith effort to comply with this section.
980.015 History
History: 1993 a. 479;
1995 a. 77.
980.015 Annotation
The "appropriate district attorney" under sub. (2) is the district attorney in the county of conviction or the county to which prison officials propose to release the person. In re Commitment of Goodson, 199 W (2d) 426, 544 NW (2d) 611 (Ct. App. 1996).
980.02
980.02
Sexually violent person petition; contents; filing. 980.02(1)(1) A petition alleging that a person is a sexually violent person may be filed by one of the following:
980.02(1)(a)
(a) The department of justice at the request of the agency with jurisdiction, as defined in
s. 980.015 (1), over the person. If the department of justice decides to file a petition under this paragraph, it shall file the petition before the date of the release or discharge of the person.
980.02(1)(b)
(b) If the department of justice does not file a petition under
par. (a), the district attorney for one of the following:
980.02(1)(b)1.
1. The county in which the person was convicted of a sexually violent offense, adjudicated delinquent for a sexually violent offense or found not guilty of or not responsible for a sexually violent offense by reason of insanity or mental disease, defect or illness.
980.02(1)(b)2.
2. The county in which the person will reside or be placed upon his or her discharge from a sentence, release on parole, release from imprisonment, from a secured correctional facility, as defined in
s. 938.02 (15m), or a secured child caring institution, as defined in
s. 938.02 (15g), or from a commitment order.
980.02(2)
(2) A petition filed under this section shall allege that all of the following apply to the person alleged to be a sexually violent person:
980.02(2)(a)
(a) The person satisfies any of the following criteria:
980.02(2)(a)1.
1. The person has been convicted of a sexually violent offense.
980.02(2)(a)2.
2. The person has been found delinquent for a sexually violent offense.
980.02(2)(a)3.
3. The person has been found not guilty of a sexually violent offense by reason of mental disease or defect.
980.02(2)(ag)
(ag) The person is within 90 days of discharge or release, on parole or otherwise, from a sentence that was imposed for a conviction for a sexually violent offense, from a secured correctional facility, as defined in
s. 938.02 (15m), or a secured child caring institution, as defined in
s. 938.02 (15g), if the person was placed in the facility for being adjudicated delinquent under
s. 938.34 on the basis of a sexually violent offense or from a commitment order that was entered as a result of a sexually violent offense.
