2010AP1142 State v. Nordberg

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Wisconsin Supreme Court

Criminal Opinions

Sexually Violent Persons

Supervised release

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

“For the reasons set forth in West, we affirm the circuit court’s decision. We hold that Wis. Stat. § 980.08(4)(cg) unambiguously places the burden of proof on the committed individual, and that policy considerations dictate that the individual bear his burden of persuasion by clear and convincing evidence. We further hold that requiring an individual lawfully committed under ch. 980 as a sexually violent person to carry the burden of proof in a petition for supervised release does not violate the due process or equal protection clauses of the Wisconsin and United States Constitutions.”

Affirmed.

2010AP1142 State v. Nordberg

Prosser, J.

Attorneys: For Appellant: Lang, Donald T., Madison; For Respondent: Weinstein, Warren D., Madison; Happ, Susan V., Jefferson