02-0789 State v. Schertz

By: dmc-admin//October 7, 2002//

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“There is nothing in Wis. Stat. sec. 971.17’s legislative history to suggest it should be mandatory, nor does the statute prescribe any penalty for its violation. In fact, the absence of a penalty provision within a statute suggests that a statutory provision is directory. … Further, if the legislature intends a penalty, it is up to that body to enact it. … It has not done so in this situation…. To read the thirty-day provision as mandatory would allow Schertz to be released regardless of the potential danger to himself or others. This puts the public at risk of further violations.”

Order affirmed.

Recommended for publication in the official reports.

Dist III, Marathon County, Thums, J.; Peterson, J.

Attorneys:

For Appellant: Barbara A. Cadwell, White Lake

For Respondent: Sally L. Wellman, Madison; Robin Kennedy, Wausau

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