Sexually Violent Persons — reincarceration

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Wisconsin Supreme Court

Criminal

Sexually Violent Persons — reincarceration

Chapter 980 does not require the dismissal of a pending commitment petition when the individual subject to the petition is re-incarcerated because of the revocation of parole or extended supervision.

“Nothing in Wis. Stat. ch. 980 requires dismissal of a pending commitment petition under the conditions proposed by the Petitioners; therefore, it is unreasonable to assume that the legislature impliedly authorized circuit courts to dismiss pending ch. 980 commitment petitions when the individual subject to the petition has been re-incarcerated for a subsequent parole or extended supervision violation. See Noffke, 315 Wis. 2d 350, ¶27 n.7 (‘[E]very word excluded from a statute must be presumed to have been excluded for a purpose . . . .’). The legislature could have included a provision in ch. 980 requiring dismissal in such situations, but it did not. We will not judicially engraft such a dismissal requirement into the statute. See Heritage Farms, Inc. v. Markel Ins. Co., 2009 WI 27, ¶41, 316 Wis. 2d 47, 762 N.W.2d 652 (holding that this court does not insert words into statutes). In short, the statute provides no indication that a circuit court should do anything but consider a ch. 980 commitment petition if the individual subject to the petition is re-incarcerated for a parole or extended supervision violation.”

Affirmed.

2010AP594 & 2010AP1155 State v. Gilbert

Gableman, J.

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