Sexually Violent Persons — discharge hearings

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Wisconsin Court of Appeals

Criminal

Sexually Violent Persons — discharge hearings

When a petitioner alleges that he or she is no longer a sexually violent person, and supports his or her petition with a recent psychological evaluation applying new professional research to conclude that the petitioner is no longer likely to commit acts of sexual violence, the petitioner is entitled to a discharge hearing under sec. 980.09.

“Based on these authorities—Pocan, Combs, and Richard—we conclude Richard is entitled to a discharge hearing under WIS. STAT. §980.09. To summarize, a petition alleging a change in a sexually violent person’s status based upon a change in the research or writings on how professionals are to interpret and score actuarial instruments is sufficient for a petitioner to receive a discharge hearing, if it is properly supported by a psychological evaluation applying the new research. See Richard, 333 Wis.2d 708, ¶¶13-14, 17, 19; Combs, 295 Wis.2d 457, ¶¶25, 27, 32; Pocan, 267 Wis.2d 953, ¶12. Richard’s petition meets these requirements.”

Reversed and Remanded.

Recommended for publication in the official reports.

2012AP2748 State v. Richard

Dist. III, Chippewa County, Cameron, J., Mangerson, J.

Attorneys: For Appellant: Grunder, Steven D., Madison; For Respondent: Gibbs, Steven H., Chippewa Falls; Remington, Christine A., Madison