2009AP1579 State v. West

Listen to this article

Wisconsin Supreme Court

Criminal Opinions

Sexually Violent Persons

Supervised release

Section 980.08(4)(cg) places the burden of proof with the committed individual, and that the appropriate burden of persuasion is clear and convincing evidence.

“Chapter 980 seeks to address the dangers presented by persons who have been determined to be sexually violent because of their criminal history and serious mental disorders, without ignoring the interests those persons —— and society —— have in their treatment and eventual release. We have upheld ch. 980 commitments, and the statutory requirements for supervised release, on the basis of this delicate balancing of the public safety with individual liberty. We find it important to note that if ‘civil confinement were to become a mechanism for retribution or general deterrence . . . our precedents would not suffice to validate it.’ Hendricks, 521 U.S. at 373 (Kennedy, J., concurring).”

Affirmed.

2009AP1579 State v. West

Prosser, J.

Attorneys: For Appellant: Henak, Ellen, Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; Weinstein, Warren D., Milwaukee