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State v. Joseph J. Spaeth, 2012AP2170, certification granted 11/26/13

On review of court of appeals certification; case activity

Issue (from the certification)

Wisconsin Stat. § 980.02(1m) and (2) require that a commitment petition be filed “before the person is released or discharged” and allege that a person has been convicted of a sexually violent offense. Does § 980.02 additionally require that the commitment petition be filed before the person is released or discharged from a sentence that was imposed for the same sexually violent offense that is alleged in the petition as the predicate offense, as stated in State v. Gilbert, 2012 WI 72, ¶51, 342 Wis. 2d 82, 816 N.W.2d 215?

For a discussion of the case and an explanation of why it could have far-reaching consequences for ch. 980 practice, see our prior post.

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