Chapter 980, SEXUALLY VIOLENT PERSON COMMITMENTS

980.01 Definitions. In this chapter: (1b) “Act of sexual violence” means conduct that constitutes the commission of a sexually violent offense. (1d) “Agency with jurisdiction” means the agency with the authority or duty to release or discharge the person. (1e) “Assisted living fa…

980.015 Notice to the department of justice and district attorney. (2) If an agency with jurisdiction has control or custody over a person who may meet the criteria for commitment as a sexually violent person, the agency with jurisdiction shall inform each appropriate district at…

980.02 Sexually violent person petition; contents; filing. (1) A petition alleging that a person is a sexually violent person may be filed by one of the following: (a) The department of justice at the request of the agency with jurisdiction over the person. (b) If the department …

980.03 Rights of persons subject to petition. (1) The circuit court in which a petition under s. 980.02 is filed shall conduct all hearings under this chapter. The court shall give the person who is the subject of the petition reasonable notice of the time and place of each such …

980.0305 Reimbursement for counsel provided by the state. (1) INQUIRY. At or after the conclusion of a proceeding under this chapter in which the state public defender has provided counsel for a person, the court may inquire as to the person’s ability to reimburse the state for t…

980.031 Examinations. (1) If a person who is the subject of a petition filed under s. 980.02 denies the facts alleged in the petition, the court may appoint at least one qualified licensed physician, licensed psychologist, or other mental health professional to conduct an examina…

980.034 Change of place of trial or jury from another county. (1) A person who is the subject of a petition filed under s. 980.02 or who has been committed under this chapter may move to change the place of a jury trial under s. 980.05 on the ground that an impartial trial cannot…

980.036 Discovery and inspection. (1) DEFINITIONS. In this section: (a) “Person subject to this chapter” means a person who is subject to a petition filed under s. 980.02 or a person who has been committed under s. 980.06. (b) “Prosecuting attorney” means an attorney representing…

980.038 Miscellaneous procedural provisions. (1) MOTIONS CHALLENGING JURISDICTION OR COMPETENCY OF COURT OR TIMELINESS OF PETITION. (a) A motion challenging the jurisdiction or competency of the court or the timeliness of a petition filed under s. 980.02 shall be filed within 30 …

980.04 Detention; probable cause hearing; transfer for examination. (1) Upon the filing of a petition under s. 980.02, the court shall review the petition to determine whether to issue an order for detention of the person who is the subject of the petition. The person shall be de…

980.05 Trial. (1) A trial to determine whether the person who is the subject of a petition under s. 980.02 is a sexually violent person shall commence no later than 90 days after the date of the probable cause hearing under s. 980.04 (2) (a). The court may grant one or more conti…

980.06 Commitment. If a court or jury determines that the person who is the subject of a petition under s. 980.02 is a sexually violent person, the court shall order the person to be committed to the custody of the department for control, care and treatment until such time as the…

980.063 Deoxyribonucleic acid analysis requirements. (1) (a) If a person is found to be a sexually violent person under this chapter, the court shall require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. The court …

980.065 Institutional care for sexually violent persons. (1m) The department shall place a person committed under s. 980.06 at the secure mental health facility established under s. 46.055, the Wisconsin resource center established under s. 46.056 or a secure mental health unit o…

980.067 Activities off grounds. The superintendent of the facility at which a person is placed under s. 980.065 may allow the person to leave the grounds of the facility under escort. The department of health services shall promulgate rules for the administration of this section.…

980.07 Periodic reexamination and treatment progress; report from the department.

980.08 Supervised release; procedures, implementation, revocation. (1) Any person who is committed under s. 980.06 may petition the committing court to modify its order by authorizing supervised release if at least 12 months have elapsed since the initial commitment order was ent…

980.09 Petition for discharge. (1) A committed person may petition the committing court for discharge at any time. The court shall deny the petition under this section without a hearing unless the petition alleges facts from which the court or jury would likely conclude the perso…

980.095 Procedures for discharge hearings. (1) USE OF JURIES. (a) The district attorney or the department of justice, whichever filed the original petition, or the person who filed the petition for discharge or his or her attorney may request that a trial under s. 980.09 (3) be t…

980.101 Reversal, vacation or setting aside of judgment relating to a sexually violent offense; effect. (1) In this section, “judgment relating to a sexually violent offense” means a judgment of conviction for a sexually violent offense, an adjudication of delinquency on the basi…

980.105 Determination of county and city, village, or town of residence. (1m) The department shall determine a person’s county of residence for the purposes of this chapter by doing all of the following: (a) The department shall consider residence as the voluntary concurrence of …

980.11 Notice concerning supervised release or discharge. (1) In this section: (a) “Act of sexual violence” means an act or attempted act that is a basis for an allegation made in a petition under s. 980.02 (2) (a). (b) “Member of the family” means spouse, domestic partner under …

980.12 Department duties; costs. (1) Except as provided in ss. 980.031 (3) and 980.07 (1), the department shall pay from the appropriations under s. 20.435 (2) (a) and (bm) for all costs relating to the evaluation, treatment, and care of persons evaluated or committed under this …

980.13 Applicability. This chapter applies to a sexually violent person regardless of whether the person engaged in acts of sexual violence before, on or after June 2, 1994. History: 1993 a. 479.

980.135 Local restrictions; limited exemption. No county, city, town, or village may enforce an ordinance or resolution that restricts or prohibits a sex offender from residing at a certain location or that restricts or prohibits a person from providing housing to a sex offender …

980.14 Immunity. (1) In this section, “agency” means the department of corrections, the department of health services, the department of justice, or a district attorney. (2) Any agency or officer, employee, or agent of an agency is immune from criminal or civil liability for any …