On Point blog, page 1 of 1
Ch. 980 petition is timely as long as it’s filed before the person’s release or discharge from sentence
State v. Hershel R. Stanley, 2014 WI App 89; case activity
Even if DOC was required to release Stanley from prison on his presumptive mandatory release date instead of holding him to his maximum discharge date, the ch. 980 petition filed against him before his discharge date was timely because § 980.02(1m) permits filing a ch. 980 petition before a person is released or discharged from his sentence.
SVP – Pretrial: Evaluation — Prosecutorial Meddling in Process
State v. Jonathan Bell, 2006 WI App 30
For Bell: Leonard D. Kachinsky
Issue: Whether intervention of the local prosecutor to obtain a second DOC evaluation, which resulted in a referral for SVP commitment after the first DOC evaluation determined insufficient likelihood of reoffending, violated ch. 980 or due process.
Holding:
¶11 Our supreme court defined the scope of the district attorney’s authority in Byers.