Denial of Conditional Release from Commitment

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Walter J. Lange

Case No.: 2021AP001517-CR

Officials: Stark, P.J., Hruz and Gill, JJ.

Focus: Denial of Conditional Release from Commitment

Lange appeals an order denying his petition for conditional release from his WIS. STAT. § 971.17 (2021-22) commitment. Lange argues that the hearing on his petition was procedurally defective for two reasons. First, Lange was absent, and there was no colloquy with the court to waive his right to be present; second, there was no testimony or other evidence offered, save for the two examiners’ reports being summarily “received” by the court. He also contends that the evidence presented at the hearing was insufficient to show that he would pose a significant risk of bodily harm to himself or to others, or of serious property damage, if he were conditionally released. For the reasons outlined below, the appeals court rejects Lange’s arguments and affirm. The experts provided sufficient evidence to show that Lange would pose a significant risk to others if conditionally released. By relying on these reports, the circuit court appropriately determined that Lange was dangerous and did not err by denying conditional release.

Affirmed.

Decided 01/09/24

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