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 Institutional care for sexually violent persons.
980.067 Activities off grounds.
980.07 Periodic reexamination; report.
980.08 Petition for supervised release.
980.09 Petition for discharge; procedure.
980.10 Additional discharge petitions.
980.101 Reversal, vacation or setting aside of judgment relating to a sexually violent offense; effect.
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(1m)
(1m) "Likely" means more likely than not.
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(4m)
(4m) "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) or
(2) or
948.025 (1) against a child who had not attained the age of 13 years.
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)(b)
(b) Any crime specified in
s. 940.01,
940.02,
940.05,
940.06,
940.19 (4) or
(5),
940.195 (4) or
(5),
940.30,
940.305,
940.31 or
943.10 that is determined, in a proceeding under
s. 980.05 (3) (b), to have been sexually motivated.
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 likely that the person will engage in acts of sexual violence.
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 Wis. 2d 252,
541 N.W.2d 105 (1995),
94-1898.
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. 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 (1995),
94-2356.
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 Wis. 2d 279,
541 N.W.2d 115 (1995),
94-2356.
980.01 Annotation
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).
980.01 Annotation
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 person diagnosed with "antisocial personality disorder" coupled with another disorder may be found to be sexually violent. State v. Adams,
223 Wis. 2d 60,
588 N.W.2d 336 (Ct. App. 1998).
980.01 Annotation
Definitions in ch. 980 serve a legal, and not medical, function. The court will not adopt a definition of pedophilia for ch. 980 purposes. State v. Zanelli,
223 Wis. 2d 545,
589 N.W.2d 687 (Ct. App. 1998).
980.01 Annotation
That the state's expert's opined that pedophilia is a lifelong disorder did not mean that commitment was based solely on prior bad acts rather than a present condition. Jury instructions are discussed. State v. Matek,
223 Wis. 2d 611,
589 N.W.2d 441 (Ct. App. 1998).
980.01 Annotation
As used in this chapter, "substantial probability" and "substantially probable" both mean much more likely than not. This standard for dangerousness does not violate equal protection nor is the term unconstitutionally vague. State v. Curiel,
227 Wis. 2d 389,
597 N.W.2d 697 (1999).
980.01 Annotation
The definition of "sexually violent person" includes conduct prohibited by a previous version of a statute enumerated in sub. (6) as long as the conduct prohibited under the predecessor statute remains prohibited under the current statute. State v. Pharm, 2000 WI App 167,
238 Wis. 2d 97,
617 N.W.2d 163.
980.01 Annotation
The Kansas Sexually Violent Predator Act comports with due process requirements, does not run afoul of double jeopardy principles, and is not an ex post facto law. Kansas v. Hendricks,
521 U.S. 346,
138 L. Ed. 2d 501 (1997).
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 extended supervision 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), or a secured group home, as defined in
s. 938.02 (15p), of a person adjudicated delinquent under
s. 938.183 or
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, employee 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 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 Wis. 2d 426,
544 N.W.2d 611 (Ct. App. 1996),
95-0664.
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 or extended supervision, or release from imprisonment, from a secured correctional facility, as defined in
s. 938.02 (15m), from a secured child caring institution, as defined in
s. 938.02 (15g), from a secured group home, as defined in
s. 938.02 (15p), 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, extended supervision 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), from a secured child caring institution, as defined in
s. 938.02 (15g), or from a secured group home, as defined in
s. 938.02 (15p), if the person was placed in the facility for being adjudicated delinquent under
s. 938.183 or
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 makes it likely 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 or extended supervision or release from imprisonment, from a secured correctional facility, as defined in
s. 938.02 (15m), from a secured child caring institution, as defined in
s. 938.02 (15g), from a secured group home, as defined in
s. 938.02 (15p), 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), a secured child caring institution, as defined in
s. 938.02 (15g), or a secured group home, as defined in
s. 938.02 (15p), or a commitment order.
980.02(5)
(5) Notwithstanding
sub. (4), if the department of justice decides to file a petition under
sub. (1) (a), it may file the petition in the circuit court for Dane County.
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 Wis. 2d 279,
541 N.W.2d 115 (1995),
94-2356.
980.02 Annotation
For purposes of determining the proper time to file a ch. 980 petition under sub. (2) (ag), a sentence imposed for a sexually violent offense includes a sentence imposed consecutively to any sentence for a sexually violent offense. State v. Keith,
216 Wis. 2d 61,
573 N.W.2d 888 (Ct. App. 1997).
980.02 Annotation
As used in this chapter, "substantial probability" and "substantially probable" both mean much more likely than not. This standard for dangerousness does not violate equal protection nor is the term unconstitutionally vague. State v. Curiel,
227 Wis. 2d 389,
597 N.W.2d 697 (1999).
980.02 Annotation
In deciding whether there is a substantial probability that the subject will commit future acts of sexual violence, the trier of fact is free to weigh expert testimony that conflicts and decide which is more reliable, to accept or reject an expert's testimony, including accepting only parts of the testimony, and to consider all non-expert testimony. State v. Kienitz,
227 Wis. 2d 423,
597 N.W.2d 712 (1999).
980.02 Annotation
To the extent that s. 938.35 (1) prohibits the admission of delinquency adjudications in ch. 980 proceedings, it is repealed by implication. State v. Matthew A.B.
231 Wis. 2d 688,
605 N.W.2d 598 (Ct. App. 1999)
980.02 Annotation
In a trial on a petition filed under sub. (2), the state has the burden to prove beyond a reasonable doubt that the petition was filed within 90 days of the subject's release or discharge based on a sexually violent offense. State v. Thiel, 2000 WI 67,
235 Wis. 2d 823,
612 N.W.2d 94. See also State v. Thiel, 2001 WI App 52,
241 Wis. 2d 439,
625 N.W.2d 321.
980.02 Annotation
While a commitment under ch. 980 is civil, a court does not lose subject matter jurisdiction because a petition is filed under a criminal case number. State v. Pharm, 2000 WI App 167,
238 Wis. 2d 97,
617 N.W.2d 163.
980.02 Annotation
The mandatory release date is not excluded in determining whether under sub. (2) (ag) a petition is filed within "90 days of discharge or release." State v. Pharm, 2000 WI App 167,
238 Wis. 2d 97,
617 N.W.2d 163.
980.02 Annotation
The time limit in sub. (2) (ag) is mandatory. There is no authority for the state to hold a person beyond the discharge date of a criminal sentence in order to file a ch. 980 petition. State v. Thomas, 2000 WI App 162,
238 Wis. 2d 216,
617 N.W.2d 230.
980.02 Annotation
Although sub. (2) (ag) refers to the current juvenile code, ch. 938, and makes no reference to the 1993-94 juvenile code, ch. 48, the circuit court has authority to proceed under ch. 980 against a person adjudicated delinquent under the former ch. 48. State v. Gibbs, 2001 WI App 83,
242 Wis. 2d 640,
625 N.W.2d 666.
