Sexually Violent Persons — discharge hearings

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Wisconsin Court of Appeals

Criminal

Sexually Violent Persons — discharge hearings

While the circuit court must consider all of the evidence in the record when determining whether a discharge hearing is warranted, the petitioner must also produce some new evidence, not previously considered by a trier a fact, which demonstrates that he does not meet the criteria for commitment under ch. 980.

“Given the plain language of WIS. STAT. § 980.09(2) and the relevant case law, we hold that, when determining whether to hold a hearing on a petition for discharge, the circuit court must determine whether the petitioner has set forth new evidence, not considered by a prior trier of fact, from which a reasonable trier of fact could conclude that the petitioner does not meet the criteria for commitment as a sexually violent person. An expert’s opinion that is not based on some new fact, new professional knowledge, or new research is not sufficient for a new discharge hearing under § 980.09(2). See Combs, 295 Wis. 2d 457, ¶32. This result is the only reasonable one. Permitting a new discharge hearing on evidence already determined insufficient by a prior trier of fact violates essential principles of judicial administration and efficiency. We are to avoid absurd or unreasonable results in statutory construction. See State v. Delaney, 2003 WI 9, ¶15, 259 Wis. 2d 77, 658 N.W.2d 416.”

Affirmed.

Recommended for publication in the official reports.

2011AP2565 State v. Schulpius

Dist. I, Milwaukee County, Martens, J., Brennan, J.

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