980.08 Supervised release; procedures, implementation, revocation.

381 words·~2 min read·/wi/chapter-980/980-08

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

(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 entered or at least 12 months have elapsed since the most recent release petition was denied, since supervised release was denied under s. 980.09

(4), or since the most recent order for supervised release was revoked. The director of the facility at which the person is placed may file a petition under this subsection on the person’s behalf at any time.

(2)If the person files a timely petition without counsel, the court shall serve a copy of the petition on the district attorney or department of justice, whichever is applicable and, subject to s. 980.03

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

(1)and appointment of counsel under s. 977.05

(j). If the person petitions through counsel, his or her attorney shall serve the district attorney or department of justice, whichever is applicable.

(2m)The person submitting the petition may use experts or professional persons to support his or her petition. The district attorney or the department of justice may use experts or professional persons to support or oppose any petition.

(a)Within 20 days after receipt of the petition, the court shall appoint one or more examiners for the court who have the specialized knowledge determined by the court to be appropriate, who shall examine the person and furnish a written report of the examination to the court within 60 days after appointment, unless the court for good cause extends this time limit. If the person requests appointment of an examiner within 20 days after the filing of the petition, the court shall appoint an examiner for the person, unless the court appointed an examiner under s. 980.031

(3)or 980.07

(1)for the current reexamination period. If a report filed by an examiner appointed under s. 980.07

(1)to conduct a reexamination of the person’s mental condition within the 6 months preceding the filing of the petition supports supervised release, the court may appoint that examiner as the examiner for the person under this subsection.