Supervised Release and Discharge of Sexually Violent Persons

8-2-2012 Wisconsin:

Introduction:

This Staff Brief describes the standards that must be met in order for a person who has been civilly committed as a sexually violent person to be released to supervised release or discharged from the commitment.

Chapter 980, Stats., governs civil commitments of sexually violent persons. Wisconsin was one of the first states to enact such a law. Currently, 20 states civilly commit certain sex offenders. These laws have been challenged on the basis of due process, double jeopardy, and equal protection and have generally been held to be constitutional.

This Staff Brief summarizes sections of ch. 980, Civil Commitment of Sexually Violent Persons, Stats., related to initial commitment under the chapter and to petitions for discharge and supervised release. The Brief also summarizes case law relevant to the constitutionality of ch. 980 civil commitments and to discharge and supervised release procedures. ..Source.. by This Staff Brief was prepared by Katie Bender-Olson and Mike Queensland, Staff Attorneys.