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2010AP2634 State v. Ermers

By: Rick Benedict//June 30, 2011//

2010AP2634 State v. Ermers

By: Rick Benedict//June 30, 2011//

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Sexually Violent Persons
Discharge; change in conditions

The phrase “the person’s condition has changed since the date of his or her initial commitment order so that the person does not meet the criteria for commitment as a sexually violent person” in sec. 980.09(1) includes any change in the person himself or herself and any change in the professional knowledge and research used to evaluate a person’s mental disorder or dangerousness if the change results in the person not meeting the criteria for a sexually violent person.

“[T]he only reasonable construction of the ‘condition has changed’ language in Wis. Stat. § 980.09(1) is that it encompasses all the changes that, a fact-finder could determine, result in the person not meeting the criteria for commitment as a sexually violent person. Specifically, this language includes not only changes in the person himself or herself but also professional knowledge or research that changes the diagnosis of the mental disorder or the degree of dangerousness. Expert opinions are typically relied upon by fact-finders at the initial commitment hearing in deciding that a person’s mental disorder and degree of dangerousness meet the statutory criteria. These opinions are based on the professional knowledge and research available at the time. We see no rationale for interpreting § 980.09(1) to prevent a committed person from obtaining a discharge hearing based on a change in that knowledge or research when, in the opinion of an expert, that change results in the person not meeting the criteria for commitment.”
Reversed and Remanded.

Recommended for publication in the official reports.

2010AP2634 State v. Ermers

Dist. IV, Green County, Beer, J., Vergeront, J.

Attorneys: For Appellant: Phillips, Steven D., Madison; For Respondent: Luhman, Gary L., Monroe; Neuser, Mark, Madison

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