No.
95-0664
STATE OF WISCONSIN IN COURT OF APPEALS
DISTRICT IV
IN RE THE COMMITMENT
OF GOODSON:
PHILIP ARREOLA, CHIEF
OF POLICE
FOR THE CITY OF
MILWAUKEE,
AND THE CITY OF
MILWAUKEE,
Appellants-Cross Respondents,
E. MICHAEL MCCANN, DISTRICT ATTORNEY
OF MILWAUKEE COUNTY,
Co-Appellant-Cross Respondent,
v. ERRATA SHEET
STATE OF WISCONSIN,
Plaintiff-Respondent-Cross Respondent,
RICHARD LEE GOODSON,
Defendant-Respondent-Cross Appellant.
|
Marilyn
L. Graves Clerk
of Court of Appeals 231
East, State Capitol Madison,
WI 53702 |
Peg
Carlson Chief
Staff Attorney 119
Martin Luther King Blvd. Madison,
WI 53703 |
|
Court
of Appeals District I 633
W. Wisconsin Ave., #1400 Milwaukee,
WI 53203-1918 |
Court
of Appeals District II 2727
N. Grandview Blvd. Waukesha,
WI 53188-1672 |
|
Court
of Appeals, District III 740
Third Street Wausau,
WI 54403-5784 |
Court
of Appeals District IV 119
Martin Luther King Blvd. Madison,
WI 53703 |
|
Jennifer
Krapf Administrative
Assistant 119
Martin Luther King Blvd. Madison,
WI 53703 |
Clerk
of Circuit Court Dodge
County (TC #94 CF 109) 105
N. Main Street Juneau
WI 53039-1056 |
|
Hon.
Andrew P. Bissonnette Dodge
County Legal Services Center 105
N. Main Street Juneau
WI 53039-1056 Linda
U. Burke Assistant
City Attorney 800
City Hall, 200 E. Wells Milwaukee
WI 53202-3551 Sally
L. Wellman Assistant
Attorney General P.O.
Box 7857 Madison
WI 53707-7857 Grant
F. Langley City
Attorney 800
City Hall, 200 E. Wells Milwaukee
WI 53202-3551 |
E.
Michael McCann District
Attorney, Milwaukee County Safety
Building, 821 W. State Milwaukee
WI 53233 Kenneth
P. Casey Assistant
State Public Defender P.O.
Box 7862 Madison
WI 53707 Patricia
A. Ramirez District
Attorney 105
N. Main Street Juneau
WI 53039-1056 |
PLEASE TAKE NOTICE that
the attached pages two and three are to be substituted for pages two and three
in the above-captioned opinion which was released on January 18, 1996.
Dated this 26th day of December, 2006.
APPEAL from an order of
the circuit court for Dodge County:
ANDREW P. BISSONNETTE, Judge. Reversed.
Before Eich, C.J.,
Dykman and Sundby, JJ.
EICH, C.J. The City of Milwaukee and its chief of
police, Philip Arreola, and E. Michael McCann, district attorney of Milwaukee
County, appeal from a dispositional order of the Dodge County Circuit Court
placing Robert L. Goodson, a person found to be "sexually violent"
under the Sexual Predator Law, ch. 980, Stats.,
on supervised release in Milwaukee County.[1] They argue that the order should be vacated
because they received no notice of the court's hearings concerning Goodson's
release. They also contend that we
should reverse because no plan for Goodson's release was prepared by the
Department of Health and Social Services (DHSS) and the Milwaukee County
Department of Social Services, as required by § 980.06(2)(c), Stats.[2]
We conclude that the
applicable statutes neither require nor provide for the notice argued by McCann
and Arreola. We also conclude, however,
that other portions of the law requiring DHSS and the county to which such
offenders are proposed to be released to prepare and submit a supervision plan
to the court were not complied with, and that that failure deprived the trial
court of competency to order Goodson's release to Milwaukee County. We therefore reverse the order and remand to
the court for further proceedings in compliance therewith.
The statutory scheme for
commitment of "sexually violent" persons is somewhat complicated and
warrants discussion.
Chapter 980, Stats., sets forth the commitment
procedures. When a person convicted of
a sexually violent offense is nearing release from prison, the agency having
the authority or duty to release the person is required to notify the justice
department and "each appropriate district attorney" of the impending
release, providing basic information as to the conviction and related matters. Section 980.015, Stats. Either the
justice department or the district attorney of either the county of conviction
or the county in which the person resides (or will be placed upon release) may
then file a petition with the circuit court alleging that the person is a
[1] We note that the respondent State of Wisconsin concedes, "[f]or purposes of this appeal," that Arreola and McCann have standing to challenge the trial court's order. As a result, we neither consider nor decide that issue.
[2] If, under ch. 980, Stats.--which we discuss in detail below--a person is determined to be "sexually violent" as that term is defined in the statute, the trial court may, as it attempted to do here, place the person on supervised release in a particular county. Section 980.06(2)(c), Stats., requires the court, upon a finding that the person is appropriate for supervised release, to notify DHSS and DHSS, in turn, is required to prepare a supervision plan in conjunction with the social services department of the county in which the person is to reside. After the plan is completed and approved by the court, the person is placed on supervised release in that county. Id.