Wisconsin Statutes
Wis. Stat. § 980.031 (2026)
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980.031(1)(1) If a person who is the subject of a petition filed under s. 980.02 denies the facts alleged in the petition, the court may appoint at least one qualified licensed physician, licensed psychologist, or other mental health professional to conduct an examination of the person’s mental condition and testify at trial.
980.031(2)(2) The state may retain a licensed physician, licensed psychologist, or other mental health professional to examine the mental condition of a person who is the subject of a petition under s. 980.02 or who has been committed under s. 980.06 and to testify at trial or at any other proceeding under this chapter at which testimony is authorized.
980.031(3)(3) Whenever a person who is the subject of a petition filed under s. 980.02 or who has been committed under s. 980.06 is required to submit to an examination of his or her mental condition under this chapter, he or she may retain a licensed physician, licensed psychologist, or other mental health professional to perform an examination. If the person is indigent, the court shall, upon the person’s request, appoint a qualified and available licensed physician, licensed psychologist, or other mental health professional to perform an examination of the person’s mental condition and participate on the person’s behalf in a trial or other proceeding under this chapter at which testimony is authorized. Upon the order of the circuit court, the county shall pay, as part of the costs of the action, the costs of a licensed physician, licensed psychologist, or other mental health professional appointed by a court under this subsection to perform an examination and participate in the trial or other proceeding on behalf of an indigent person.
980.031(4)(4) If a party retains or the court appoints a licensed physician, licensed psychologist, or other mental health professional to conduct an examination under this chapter of the person’s mental condition, the examiner shall have reasonable access to the person for the purpose of the examination, as well as to the person’s past and present treatment records, as defined in s. 51.30 (1) (b), and patient health care records as provided under s. 146.82 (2) (cm), past and present juvenile records, as provided under ss. 48.396 (6), 48.78 (2) (e), 938.396 (10), and 938.78 (2) (e), and the person’s past and present correctional records, including presentence investigation reports under s. 972.15 (6).
980.031(5)(5) A licensed physician, licensed psychologist, or other mental health professional who is expected to be called as a witness by one of the parties or by the court may not be subject to any order by the court for the sequestration of witnesses at any proceeding under this chapter. No licensed physician, licensed psychologist, or other mental health professional who is expected to be called as a witness by one of the parties or by the court may testify at any proceeding under this chapter unless a written report of his or her examination has been submitted to the court and to both parties at least 10 days before the proceeding.
Notes of Decisions
Cited in 9
cases (3 in the last 5 years), 2010–2026 · leading case: State v. Ronald Knipfer, 2015 WI 3 (Wis. 2015).
State v. Ronald Knipfer, 2015 WI 3 (Wis. 2015). “20 Wis. Stat. § 980.031 . 21 Wis. Stat. § 980.”
State v. Stephen LeMere, 2016 WI 41 (Wis. 2016). “, Wis. Stat. §§ 980.031 , 980.034, 980.036.”
In Re Commitment of Rachel, 2010 WI App 60 (Wis. Ct. App. 2010). “See Wis. Stat. § 980.031 (3). ¶ 4. Over the next year, several events took place.”
State v. Jamie Lane Stephenson, 2020 WI 92 (Wis. 2020). “" Wis. Stat. § 980.031 . The dissent cites the "Basic Guide to Wisconsin Small 8 Claims Actions" for the proposition that Wisconsin "acknowledges 11 No.”
State v. Jamie Lane Stephenson, 2020 WI 92 (Wis. 2020). “" Wis. Stat. § 980.031 . The dissent cites the "Basic Guide to Wisconsin Small 8 Claims Actions" for the proposition that Wisconsin "acknowledges 11 No.”
State v. Jones, 2013 WI App 151 (Wis. Ct. App. 2013). “07(1) states that the committed person may retain or have the court appoint an independent examiner "[a]t the time of a reexamination," and Wis. Stat. § 980.031 (3) requires the circuit court to appoint, upon request, an independent examiner to perform an examination of the…”
State v. Shawn Davis Schulpius (Wis. Ct. App. 2026). “§ 980.031(5) who had not provided a written examination report.”
State v. Roy C. O'Neal (Wis. Ct. App. 2021). “§ 980.031. Counsel then filed a supplemental discharge petition on O’Neal’s behalf, based upon the opinion of the court-appointed psychologist, Sharon Kelley, that O’Neal no longer met the criteria for commitment as a sexually violent person.”
State v. Donald Samuel James (Wis. Ct. App. 2023). “§ 980.031. Dr. Thornton diagnosed James with other specified disruptive, impulse-control, and conduct disorder and other Specified paraphilic disorder, and he stated, “These disorders combined to predispose him to acts of sexual violence.”
— Wis. Stat. § 980.031(3) — 1 case
State v. Jones, 2013 WI App 151 (Wis. Ct. App. 2013). “07(1) states that the committed person may retain or have the court appoint an independent examiner "[a]t the time of a reexamination," and Wis. Stat. § 980.031 (3) requires the circuit court to appoint, upon request, an independent examiner to perform an examination of the…”
— Wis. Stat. § 980.031(5) — 1 case
State v. Shawn Davis Schulpius (Wis. Ct. App. 2026). “§ 980.031(5) who had not provided a written examination report.”
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