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SVP – Pretrial – Probable Cause Hearing – Timeliness

State v. Fredrick J. Brissette, 230 Wis.2d 82, 601 N.W.2d 678 (Ct. App. 1999)
For Brissette: John D, Lubarsky, SPD, Madison Appellate

Issue: Whether failure to hold a probable cause hearing within 72 hours of the filing of a Ch. 980 petition causes the court to lose competency to proceed.

Holding: The 72-hour requirement for conducting the probable cause hearing does not begin running if the subject is in custody pursuant to independent process, but begins running only upon detention pursuant to Ch. 980 process; measured thusly, Brissette’s hearing was timely.

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