Supervised Release Plan – Supervised Release for Sexually Violent Persons

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Michael L. McGee et al

Case No.: 2016AP1082

Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.

Focus: Supervised Release Plan – Supervised Release for Sexually Violent Persons

The placement of a sexually violent person back into the community is a difficult and thankless task. Wisconsin law requires that a sexually violent person that is suitable for supervised release is to be placed back into their county of residence unless “good cause” is shown to place him or her in another county. In this appeal we address the statutory requirements that a court must comply with before placing a sexually violent person outside of the committing court’s county. Michael L. McGee was committed as a sexually violent person in 2004 by the Racine County Circuit Court. McGee’s county of residence is Racine County. Kenosha County learned in May 2016 that Racine County planned to place McGee in Kenosha County. Kenosha County moved to rescind the approved plan to place McGee in Kenosha on the grounds that Kenosha County did not receive statutory notice nor was it allowed the statutory right to participate in McGee’s supervised release plan. We agree with Kenosha County and vacate the supervised release plan approved by the Racine County Circuit Court

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.