2010AP594 & 2010AP1155 State v. Gilbert

Sexually Violent Persons
Commitment; custody

A person can be committed under Chapter 980 as a sexually violent person while the person is incarcerated.
“A petition alleging that a person is sexually violent must be filed before the person is ‘released or discharged’ from custody or control of the DOC. See Wis. Stat. § 980.02(1m). If the court determines that the petition establishes probable cause to believe a person is sexually violent, it must issue an order that the person ‘shall be held in a facility approved by the [DHS].’ See Wis. Stat. § 980.04(1) (emphasis added). That order ‘remains in effect until the petition is dismissed after a hearing under sub. (3) or after a trial under s. 980.05(5) or until the effective date of a commitment order under s. 980.06, whichever is applicable.’ Wis. Stat. § 980.04(1). The legislature has created a physical placement system which allows the DHS the flexibility to use detention facilities operated by others, but ‘approved by’ the DHS during a ch. 980 commitment proceeding. Nothing in the language of any of these sections suggests that the legislature intended that only DHS operated facilities could be used while the commitment process played out.”
Affirmed.

Recommended for publication in the official reports.

2010AP594 & 2010AP1155 State v. Gilbert

Dist. I, Milwaukee County, Wagner, Conen, JJ., Kessler, J.

Attorneys: For Appellant: Tyroler, William J., Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; Weinstein, Warren D., Madison

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