Wisconsin Statutes
Wis. Stat. § 975.12 (2026)
Termination of control
✓ current as of July 2026
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975.12(1)(1) Every person committed to the department under this chapter who has not been discharged as provided in this chapter shall be discharged at the expiration of one year or the expiration of the maximum term prescribed by the law for the offense for which he or she was committed subject to sub. (2) and the credit provisions of s. 973.155, whichever period of time is greater, unless the department has petitioned for civil commitment of the person under s. 51.20. For the purpose of this subsection, sentence shall begin at noon of the day of the commitment by the court to the department.
975.12(2)(2) All commitments under s. 975.06 for offenses committed after July 1, 1970, shall be subject to ss. 302.11 and 302.12. If the department is of the opinion that release on parole under s. 53.11 (7) (a), 1981 stats., would be dangerous to the public, it shall petition for civil commitment under s. 51.20.
975.12(3)(3) Every person subject to the extended control of the department under ss. 975.13 to 975.15, 1977 stats., shall be discharged 5 years from the date of the commencement of extended control unless previously discharged under s. 975.15. If the department is of the opinion that release of a person from extended control would be dangerous to the public, it shall petition for civil commitment under s. 51.20.
975.12 AnnotationEqual protection requires that a sex offender be credited with preconviction detention time in order to accelerate the date of expiration of the maximum term under this section. Milewski v. State, 74 Wis. 2d 681, 248 N.W.2d 70 (1976).
975.12 AnnotationA ch. 980 commitment is not an extension of a commitment under this chapter, and this section does not limit the state’s ability to seek a separate commitment under ch. 980 of a person originally committed under this chapter. State v. Post, 197 Wis. 2d 279, 541 N.W.2d 115 (1995), 94-2356.
Notes of Decisions
Cited in 7
cases, 1976–1995 · leading case: State v. Post, 541 N.W.2d 115 (Wis. 1995).
State v. Post, 541 N.W.2d 115 (Wis. 1995). “12 that specifies chapter 51 civil commitments as the exclusive means of extending a chapter 975 commitment; (2) does not abrogate the privileged nature of treatment records; and (3) provides no mechanism for notification of pending release of chapter 975 committed persons nor…”
State v. Hanson, 302 N.W.2d 452 (Wis. 1981). “3 Discharge is required by sec. 975.12, Stats. 1975, 4 after the expiration of the maximum period for which the person could have been sentenced under the law, which also provides for parole release by applying *554 sentence diminution credits earned pursuant to secs.”
State v. Cramer, 296 N.W.2d 921 (Wis. 1980). “Sec. 975.12(2), Stats., gave the department two choices as the defendant’s MR date for parole was imminent and if the department was “of the opinion that release on parole pursuant to s.”
State v. Hungerford, 267 N.W.2d 258 (Wis. 1978). “Sec. 975.12, Stats. On oral argument, the public defender stated that the defendant was confined under the original order for commitment until July, 1976, except for a brief period during which “he was in escape status.”
Milewski v. State, 248 N.W.2d 70 (Wis. 1976). “The statutory structure above described clearly contemplates an indefinite commitment, the length of which is to be determined solely by the defendant’s own recovery and the cessation of his status as a danger to the public.”
State v. Cramer, 283 N.W.2d 625 (Wis. Ct. App. 1979). “We reach that conclusion because the Department’s opinion is triggered by sec. 975.12, Stats., when the offender approaches either his mandatory release or discharge date.”
State v. Hanson, 295 N.W.2d 209 (Wis. Ct. App. 1980). “We reach that conclusion because the Department’s opinion is triggered by sec. 975.12, Stats., when the offender approaches either his mandatory release or discharge date.”
— Wis. Stat. § 975.12(1) — 3 cases
State v. Post, 541 N.W.2d 115 (Wis. 1995). “12 that specifies chapter 51 civil commitments as the exclusive means of extending a chapter 975 commitment; (2) does not abrogate the privileged nature of treatment records; and (3) provides no mechanism for notification of pending release of chapter 975 committed persons nor…”
Milewski v. State, 248 N.W.2d 70 (Wis. 1976). “The statutory structure above described clearly contemplates an indefinite commitment, the length of which is to be determined solely by the defendant’s own recovery and the cessation of his status as a danger to the public.”
State v. Cramer, 283 N.W.2d 625 (Wis. Ct. App. 1979). “We reach that conclusion because the Department’s opinion is triggered by sec. 975.12, Stats., when the offender approaches either his mandatory release or discharge date.”
— Wis. Stat. § 975.12(2) — 2 cases
State v. Cramer, 296 N.W.2d 921 (Wis. 1980). “Sec. 975.12(2), Stats., gave the department two choices as the defendant’s MR date for parole was imminent and if the department was “of the opinion that release on parole pursuant to s.”
State v. Cramer, 283 N.W.2d 625 (Wis. Ct. App. 1979). “We reach that conclusion because the Department’s opinion is triggered by sec. 975.12, Stats., when the offender approaches either his mandatory release or discharge date.”
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