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New Law Relating to Civil Commitment of Sexually Violent Persons (1993 Wisconsin Act 479)

NCJ Number
149909
Date Published
1994
Length
24 pages
Annotation
The 1993 Wisconsin Act 479, relating to civil commitment of sexually violent persons, was signed into law on May 26, 1994 by the Governor and went into effect on June 2, 1994.
Abstract
The key provisions of the Act create a procedure for the involuntary civil commitment of a sexually violent person to a secure mental health facility prior to his or her release from the custody of the State Department of Corrections (DOC) or the Department of Health and Social Services (DHSS) for the commission of a sexually violent offense. The offender can be released only when the State can no longer prove by clear and convincing evidence that the person is still a sexually violent person. The Act defines a sexually violent person as one who has been convicted, adjudicated delinquent, or found not guilty of or not responsible by reason of insanity or mental disease, defect, or illness of a sexually violent offense. The person is deemed to be dangerous because he or she suffers from a mental disorder that makes it substantially probable that the person will engage in acts of sexual violence, defined here as first- or second-degree sexual assault against an adult or child, other offenses committed because of a sexual motivation, or any solicitation or conspiracy to commit any of the above crimes. The Act also expanded current DOC and DHSS notice requirements to victims regarding the release of offenders who have been convicted of sexually violent crimes.