00-2224 State v. Ransdell

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“As with the legislature’s constitutional policy determination that the safety of innocent persons in society warrants the finely tuned procedures in Wis. Stat. ch. 980 that permit the incapacitation of sexually violent persons, we see nothing that prevents the legislature from requiring that the person first undergo initial evaluation and initial treatment in an institutional setting before any decisions are made as to whether that person is suitable for supervised release. This is a reasonable policy determination that the legislature has the constitutional authority to make-the initial inpatient evaluation and treatment has a `reasonable relation to the purpose for which the individual is committed’ to the Department as a sexually violent person.”

Moreover, there are many safeguards against arbitrary confinement within the statute.

Judgment and order affirmed.

Publication in the official reports is recommended.

DISSENTING OPINION: Schudson, J. “Although I believe the majority opinion is reasonable in many respects, I am unable to determine whether, under State v. Post, 197 Wis.2d 279, 541 N.W.2d 115 (1995), it is correct … I would have certified this appeal to the supreme court.”

Dist I, Milwaukee County, Konkol, J., Fine, J.

Attorneys:

For Appellant: Ellen Henak, Milwaukee

For Respondent: Robert D. Donohoo, Milwaukee; Warren D. Weinstein, Madison