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.
980.02(2)(c)
(c) The person is dangerous to others because the person's mental disorder creates a substantial probability that he or she will engage in acts of sexual violence.
980.02(3)
(3) A petition filed under this section shall state with particularity essential facts to establish probable cause to believe the person is a sexually violent person. If the petition alleges that a sexually violent offense or act that is a basis for the allegation under
sub. (2) (a) was an act that was sexually motivated as provided under
s. 980.01 (6) (b), the petition shall state the grounds on which the offense or act is alleged to be sexually motivated.
980.02(4)
(4) A petition under this section shall be filed in any of the following:
980.02(4)(a)
(a) The circuit court for 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 a sexually violent offense by reason of mental disease or defect.
980.02(4)(am)
(am) The circuit court for 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(4)(b)
(b) The circuit court for the county in which the person is in custody under a sentence, a placement to 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 a commitment order.
980.02 History
History: 1993 a. 479;
1995 a. 77,
225.
980.02 Annotation
A ch. 980 commitment is not an extension of a commitment under ch. 975 and s. 975.12 does not limit the state's ability to seek a separate commitment under ch. 980 of a person originally committed under ch. 975. State v. Post, 197 W (2d) 279, 541 NW (2d) 115 (1995).
980.02 Annotation
Failure of the trial court to follow the notice requirements of sub. (2) (c) resulted in the court being incompetent to order community release. In re Commitment of Goodson, 199 W (2d) 426, 544 NW (2d) 611 (Ct. App. 1996).
980.02 Annotation
Sub. (2) (d) requires post-hearing notice to the local law enforcement agencies. In re Commitment of Goodson, 199 W (2d) 426, 544 NW (2d) 611 (Ct. App. 1996).
980.03
980.03
Rights of persons subject to petition. 980.03(1)
(1) The circuit court in which a petition under
s. 980.02 is filed shall conduct all hearings under this chapter. The court shall give the person who is the subject of the petition reasonable notice of the time and place of each such hearing. The court may designate additional persons to receive these notices.
980.03(2)
(2) Except as provided in
ss. 980.09 (2) (a) and
980.10 and without limitation by enumeration, at any hearing under this chapter, the person who is the subject of the petition has the right to:
980.03(2)(a)
(a) Counsel. If the person claims or appears to be indigent, the court shall refer the person to the authority for indigency determinations under
s. 977.07 (1) and, if applicable, the appointment of counsel.
980.03(2)(d)
(d) Have the hearing recorded by a court reporter.
980.03(3)
(3) The person who is the subject of the petition, the person's attorney, the department of justice or the district attorney may request that a trial under
s. 980.05 be to a jury of 12. A request for a jury trial shall be made as provided under
s. 980.05. Notwithstanding
s. 980.05 (2), if the person, the person's attorney, the department of justice or the district attorney does not request a jury trial, the court may on its own motion require that the trial be to a jury of 12. A verdict of a jury under this chapter is not valid unless it is unanimous.
980.03(4)
(4) Whenever the person who is the subject of the petition is required to submit to an examination under this chapter, he or she may retain experts or professional persons to perform an examination. If the person retains a qualified expert or professional person of his or her own choice to conduct an examination, the examiner shall have reasonable access to the person for the purpose of the examination, as well as to the person's past and present treatment records, as defined in
s. 51.30 (1) (b), and patient health care records as provided under
s. 146.82 (2) (c). If the person is indigent, the court shall, upon the person's request, appoint a qualified and available expert or professional person to perform an examination and participate in the trial on the person's behalf. Upon the order of the circuit court, the county shall pay, as part of the costs of the action, the costs of a court-appointed expert or professional person to perform an examination and participate in the trial on behalf of an indigent person. An expert or professional person appointed to assist an indigent person who is subject to a petition may not be subject to any order by the court for the sequestration of witnesses at any proceeding under this chapter.
980.03(5)
(5) Upon a showing by the proponent of good cause under
s. 807.13 (2) (c), testimony may be received into the record of a hearing under this section by telephone or live audio-visual means.
980.03 History
History: 1993 a. 479.
980.04
980.04
Detention; probable cause hearing; transfer for examination. 980.04(1)(1) Upon the filing of a petition under
s. 980.02, the court shall review the petition to determine whether to issue an order for detention of the person who is the subject of the petition. The person shall be detained only if there is cause to believe that the person is eligible for commitment under
s. 980.05 (5). A person detained under this subsection shall be held in a facility approved by the department. If the person is serving a sentence of imprisonment, is in 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 is committed to institutional care, and the court orders detention under this subsection, the court shall order that the person be transferred to a detention facility approved by the department. A detention order under this subsection remains in effect until the person is discharged after a trial under
s. 980.05 or until the effective date of a commitment order under
s. 980.06, whichever is applicable.
980.04(2)
(2) Whenever a petition is filed under
s. 980.02, the court shall hold a hearing to determine whether there is probable cause to believe that the person named in the petition is a sexually violent person. If the person named in the petition is in custody, the court shall hold the probable cause hearing within 72 hours after the petition is filed, excluding Saturdays, Sundays and legal holidays. If the person named in the petition is not in custody, the court shall hold the probable cause hearing within a reasonable time after the filing of the petition.
980.04(3)
(3) If the court determines after a hearing that there is probable cause to believe that the person named in the petition is a sexually violent person, the court shall order that the person be taken into custody if he or she is not in custody and shall order the person to be transferred within a reasonable time to an appropriate facility for an evaluation as to whether the person is a sexually violent person. If the court determines that probable cause does not exist to believe that the person is a sexually violent person, the court shall dismiss the petition.
980.04(4)
(4) The department shall promulgate rules that provide the qualifications for persons conducting evaluations under
sub. (3).
980.04(5)
(5) If the person named in the petition claims or appears to be indigent, the court shall, prior to the probable cause hearing under
sub. (2), refer the person to the authority for indigency determinations under
s. 977.07 (1) and, if applicable, the appointment of counsel.
980.04 History
History: 1993 a. 479;
1995 a. 77.
980.05(1)(1) A trial to determine whether the person who is the subject of a petition under
s. 980.02 is a sexually violent person shall commence no later than 45 days after the date of the probable cause hearing under
s. 980.04. The court may grant a continuance of the trial date for good cause upon its own motion, the motion of any party or the stipulation of the parties.
980.05(1m)
(1m) At the trial to determine whether the person who is the subject of a petition under
s. 980.02 is a sexually violent person, all rules of evidence in criminal actions apply. All constitutional rights available to a defendant in a criminal proceeding are available to the person.
980.05(2)
(2) The person who is the subject of the petition, the person's attorney, the department of justice or the district attorney may request that a trial under this section be to a jury of 12. A request for a jury trial under this subsection shall be made within 10 days after the probable cause hearing under
s. 980.04. If no request is made, the trial shall be to the court. The person, the person's attorney or the district attorney or department of justice, whichever is applicable, may withdraw his, her or its request for a jury trial if the 2 persons who did not make the request consent to the withdrawal.
980.05(3)(a)(a) At a trial on a petition under this chapter, the petitioner has the burden of proving the allegations in the petition beyond a reasonable doubt.
980.05(3)(b)
(b) If the state alleges that the sexually violent offense or act that forms the basis for the petition was an act that was sexually motivated as provided in
s. 980.01 (6) (b), the state is required to prove beyond a reasonable doubt that the alleged sexually violent act was sexually motivated.
980.05(4)
(4) Evidence that the person who is the subject of a petition under
s. 980.02 was convicted for or committed sexually violent offenses before committing the offense or act on which the petition is based is not sufficient to establish beyond a reasonable doubt that the person has a mental disorder.
980.05(5)
(5) If the court or jury determines that the person who is the subject of a petition under
s. 980.02 is a sexually violent person, the court shall enter a judgment on that finding and shall commit the person as provided under
s. 980.06. If the court or jury is not satisfied beyond a reasonable doubt that the person is a sexually violent person, the court shall dismiss the petition and direct that the person be released unless he or she is under some other lawful restriction.
980.05(6)
(6) A judgment entered under
sub. (5) on the finding that the person who is the subject of a petition under
s. 980.02 is a sexually violent person is interlocutory to a commitment order under
s. 980.06 and is reviewable on appeal.
980.05 History
History: 1993 a. 479.
980.06(1)(1) If a court or jury determines that the person who is the subject of a petition under
s. 980.02 is a sexually violent person, the court shall order the person to be committed to the custody of the department for control, care and treatment until such time as the person is no longer a sexually violent person.
980.06(2)(a)(a) The court shall enter an initial commitment order under this section pursuant to a hearing held as soon as practicable after the judgment that the person who is the subject of a petition under
s. 980.02 is a sexually violent person is entered. If the court lacks sufficient information to make the determination required by
par. (b) immediately after trial, it may adjourn the hearing and order the department to conduct a predisposition investigation using the procedure in
s. 972.15 or a supplementary mental examination, or both, to assist the court in framing the commitment order. A supplementary mental examination under this paragraph shall be conducted in accordance with
s. 971.17 (2) (b) to
(f).
980.06(2)(b)
(b) An order for commitment under this section shall specify either institutional care in a secure mental health unit or facility, as provided under
s. 980.065, or other facility or supervised release. In determining whether commitment shall be for institutional care in a secure mental health unit or facility or other facility or for supervised release, the court may consider, without limitation because of enumeration, the nature and circumstances of the behavior that was the basis of the allegation in the petition under
s. 980.02 (2) (a), the person's mental history and present mental condition, where the person will live, how the person will support himself or herself, and what arrangements are available to ensure that the person has access to and will participate in necessary treatment. The department shall arrange for control, care and treatment of the person in the least restrictive manner consistent with the requirements of the person and in accordance with the court's commitment order.
980.06(2)(c)
(c) If the court finds that the person is appropriate for supervised release, the court shall notify the department. The department and the county department under
s. 51.42 in the county of residence of the person, as determined under
s. 980.105, shall prepare a plan that identifies the treatment and services, if any, that the person will receive in the community. The plan shall address the person's need, if any, for supervision, counseling, medication, community support services, residential services, vocational services, and alcohol or other drug abuse treatment. The department may contract with a county department, under
s. 51.42 (3) (aw) 1. d., with another public agency or with a private agency to provide the treatment and services identified in the plan. The plan shall specify who will be responsible for providing the treatment and services identified in the plan. The plan shall be presented to the court for its approval within 21 days after the court finding that the person is appropriate for supervised release, unless the department, county department and person to be released request additional time to develop the plan. If the county department of the person's county of residence declines to prepare a plan, the department may arrange for another county to prepare the plan if that county agrees to prepare the plan and if the person will be living in that county. If the department is unable to arrange for another county to prepare a plan, the court shall designate a county department to prepare the plan, order the county department to prepare the plan and place the person on supervised release in that county, except that the court may not so designate the county department in the county where the facility in which the person was committed for institutional care is located unless that county is also the person's county of residence.
980.06(2)(d)
(d) An order for supervised release places the person in the custody and control of the department. A person on supervised release is subject to the conditions set by the court and to the rules of the department. Before a person is placed on supervised release by the court under this section, the court shall so notify the municipal police department and county sheriff for the municipality and county in which the person will be residing. The notification requirement under this paragraph does not apply if a municipal police department or county sheriff submits to the court a written statement waiving the right to be notified. If the department alleges that a released person has violated any condition or rule, or that the safety of others requires that supervised release be revoked, he or she may be taken into custody under the rules of the department. The department shall submit a statement showing probable cause of the detention and a petition to revoke the order for supervised release to the committing court and the regional office of the state public defender responsible for handling cases in the county where the committing court is located within 48 hours after the detention. The court shall hear the petition within 30 days, unless the hearing or time deadline is waived by the detained person. Pending the revocation hearing, the department may detain the person in a jail or in a hospital, center or facility specified by
s. 51.15 (2). The state has the burden of proving by clear and convincing evidence that any rule or condition of release has been violated, or that the safety of others requires that supervised release be revoked. If the court determines after hearing that any rule or condition of release has been violated, or that the safety of others requires that supervised release be revoked, it may revoke the order for supervised release and order that the released person be placed in an appropriate institution until the person is discharged from the commitment under
s. 980.09 or until again placed on supervised release under
s. 980.08.
980.06 History
History: 1993 a. 479;
1995 a. 276.
980.063
980.063
Deoxyribonucleic acid analysis requirements.
