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SVP – Postdisposition: Supervised release – “least restrictive” placement

State v. Larry J. Sprosty, 227 Wis.2d 316, 595 N.W.2d 692 (1999), afffirming and remanding 221 Wis.2d 401, 585 N.W.2d 637 (Ct. App. 1998).
For Sprosty: T. Christopher Kelley, Thomas, Kelly, Habermehl & Mays.


¶3 We conclude that a circuit court, in its discretion, may consider the availability of facilities to house or to treat a sexual predator under Wis. Stat. § 980.08(4). However, any such consideration must be in keeping with the purpose of providing the “least restrictive” means to accomplish the treatment of the person while also protecting the public. We further conclude that once a circuit court has made a finding and ordered supervised release under § 980.08(4), it is required to order a treatment plan under § 980.08(5) and to ensure that the person is placed on supervised release in accordance with the plan. In some cases, the creation of facilities and services to provide the requisite treatment and to protect the public while a person is on supervised release in the community may be necessary, for which DHFS is responsible. Wis. Stat. § 980.12(1). In this case, the circuit court granted the petition for supervised release, but failed to order Sprosty’s release. This was in error. Accordingly, we remand the matter to the circuit court for a determination consistent with this opinion.

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