980.04 Detention; probable cause hearing; transfer for examination.

573 words·~3 min read·/wi/chapter-980/980-04

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 detained only if there is probable cause to believe that the person is eligible for commitment under s. 980.05

(5). A person detained under this subsection shall be held in a facility approved by the department. If the person is serving a sentence of imprisonment, is in a juvenile correctional facility, as defined in s. 938.02

(10p), or a secured residential care center for children and youth, as defined in s. 938.02

(15g), or is committed to institutional care, and the court orders detention under this subsection, the court shall order that the person be transferred to a detention facility approved by the department. A detention order under this subsection remains in effect until the petition is dismissed after a hearing under sub.

(3)or after a trial under s. 980.05

(5)or until the effective date of a commitment order under s. 980.06 , whichever is applicable.

(a)Whenever a petition is filed under s. 980.02 , the court shall hold a hearing to determine whether there is probable cause to believe that the person named in the petition is a sexually violent person.

1. Except as provided in subd. 2. , the court shall hold the probable cause hearing within 30 days, excluding Saturdays, Sundays, and legal holidays, after the filing of the petition, unless that time is extended by the court for good cause shown upon its own motion, the motion of any party, or the stipulation of the parties.

2. If the person named in the petition is in custody under a sentence, dispositional order, or commitment and the probable cause hearing will be held after the date on which the person is scheduled to be released or discharged from the sentence, dispositional order, or commitment, the probable cause hearing under par.

(a)shall be held no later than 10 days after the person’s scheduled release or discharge date, excluding Saturdays, Sundays, and legal holidays, unless that time is extended by the court for good cause shown upon its own motion, the motion of any party, or the stipulation of the parties.

(3)If the court determines after a hearing that there is probable cause to believe that the person named in the petition is a sexually violent person, the court shall order that the person be taken into custody if he or she is not in custody and shall order the person to be transferred within a reasonable time to an appropriate facility specified by the department for an evaluation by the department as to whether the person is a sexually violent person. If the court determines that probable cause does not exist to believe that the person is a sexually violent person, the court shall dismiss the petition.

(4)The department shall promulgate rules that provide the qualifications for persons conducting evaluations under sub.

(3).

(5)If the person named in the petition claims or appears to be indigent, the court shall, prior to the probable cause hearing under sub.

(a), refer the person to the authority for indigency determinations under s. 977.07

(1)and, if applicable, the appointment of counsel.