Sexually Violent Persons — Discharge

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Wisconsin Court of Appeals

Criminal

Sexually Violent Persons — Discharge

The clear and convincing evidence standard satisfies due process at a Chapter 980 discharge trial.

“Talley’s argument to the contrary seems to be that the Wisconsin legislature upped the due process ante for discharge decisions by imposing a higher burden than what Addington requires for initial commitments. This argument has it backwards. If anything, the case law supports the opposite conclusion, namely, that the higher standard at initial commitments decreases the need for more stringent procedural protections in subsequent proceedings. See Post, 197 Wis. 2d at 326 (‘The increased likelihood of accurate initial 980 commitment decisions [given all of the procedural protections] reduces the need for some of the recommitment procedures that act as a safety net in chapter 51.’); see also West, 336 Wis. 2d 578, ¶¶83, 85-86, 89 (suggesting that due process allows placing the burden of proof on the committed individual who is petitioning for supervised release under WIS. STAT. ch. 980, in part because of the heightened procedural protections the individual receives at the initial commitment stage).”

Affirmed.

Recommended for publication in the official reports.

2013AP492 State v. Talley

Dist. IV, Dane County, O’Brien, Foust, JJ., Lundsten, J.

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