SVP Commitments – Proof of Overt Act of Dangerousness: Not Required as Matter of Equal Protection

State v. Steven C. Feldmann, 2007 WI App 35, PFR filed 3/23/07
For Feldmann: Jefren E. Olsen, SPD, Madison Appellate

Issue/Holding: The ch. 980 omission of required proof of a recent overt act of sexual violence does not violate equal protection, as compared with the ch. 51 mental health commitment requirement of proof of a recent overt act demonstrating dangerousness.

The supreme court refused to impose such requirement under ch. 980 as a matter of substantive due process, inState v. Thomas H. Bush (III), 2005 WI 103.