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00-3122 In Re: the Commitment of Isaac H. Williams

By: dmc-admin//October 29, 2001//

00-3122 In Re: the Commitment of Isaac H. Williams

By: dmc-admin//October 29, 2001//

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We reject petitioners’ equal protection arguments – that they are being treated more harshly having been committed under ch. 980 as sexually violent persons than those committed under ch. 51 because: (1) commitment under ch. 51 is permitted for many reasons that do not implicate danger to others, while commitment under ch. 980 requires proof of a significant danger to others, a greater disposition to violence; (2) commitment under ch. 980 requires proof “beyond a reasonable doubt,” while commitment under ch. 51 requires only “clear and convincing” proof; and (3) a person against whom a ch. 980 petition has been filed is entitled to a 12-person jury, all of whom must agree on commitment, while a person charged under ch. 51 may be committed by a jury of six, only five of whom must agree to commit.

“Finally, a person may be committed under Wis. Stat. ch. 51 because he or she is a danger to others even though the factual predicates to that commitment may represent the first time that he or she has done something that ‘[e]vidences a substantial probability of physical harm to other individuals.’ [Citation] On the other hand, a person committed under Wis. Stat. ch 980 has, by definition, not only already violated the rights of at least one victim by an act or acts of sexual violence, but, significantly, has also demonstrated that ‘previous treatment has proved ineffective.’…”

Judgment and orders affirmed.

Recommended for publication in the official reports.

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

Attorneys:

For Appellant: Donald T. Lang, Madison

For Respondent: Robert D. Donohoo, Milwaukee; Diane M. Welsh, Madison

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