Wisconsin Statutes
Wis. Stat. § 980.06 (2026)
Commitment
✓ current as of July 2026
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980.06980.06 Commitment. If a court or jury determines that the person who is the subject of a petition under s. 980.02 is a sexually violent person, the court shall order the person to be committed to the custody of the department for control, care and treatment until such time as the person is no longer a sexually violent person. A commitment order under this section shall specify that the person be placed in institutional care.
980.06 AnnotationIn the event that there is a failure to develop an appropriate treatment program, the remedy is to obtain appropriate treatment and not supervised release. State v. Seibert, 220 Wis. 2d 308, 582 N.W.2d 745 (Ct. App. 1998), 97-2554.
980.06 AnnotationThis chapter and s. 51.61 provide the statutory basis for a court to issue an involuntary medication order for an individual who suffers from a chronic mental illness and is committed under this chapter. State v. Anthony D.B., 2000 WI 94, 237 Wis. 2d 1, 614 N.W.2d 435, 98-0576.
980.06 AnnotationThe incremental infringement by this section on the liberty interests of those who have a sexually violent, predatory past and are currently suffering from a mental disorder that makes them dangerous sexual predators does not violate constitutional guarantees of due process. State v. Ransdell, 2001 WI App 202, 247 Wis. 2d 613, 634 N.W.2d 871, 00-2224.
980.06 AnnotationAlthough ch. 51 is more “lenient” with those who are subject to its provisions than is this chapter, the significant differences between the degree of danger posed by each of the two classes of persons subject to commitment under the two chapters, as well as the differences in what must be proven in order to commit under each, does not result in a violation of equal protection. State v. Williams, 2001 WI App 263, 249 Wis. 2d 1, 637 N.W.2d 791, 00-2899.
980.06 AnnotationThis chapter, as amended, is not a punitive criminal statute. Because whether a statute is punitive is a threshold question for both double jeopardy and ex post facto analysis, neither of those clauses is violated by this chapter. State v. Rachel, 2002 WI 81, 254 Wis. 2d 215, 647 N.W.2d 762, 00-0467.
980.06 AnnotationThe mere limitation of a committed person’s access to supervised release does not impose a restraint to the point that it violates due process. As amended, this chapter serves the legitimate and compelling state interests of providing treatment to, and protecting the public from, the dangerously mentally ill. The statute is narrowly tailored to meet those interests, and, as such, it does not violate substantive due process. State v. Rachel, 2002 WI 81, 254 Wis. 2d 215, 647 N.W.2d 762, 00-0467.
980.06 AnnotationCommitment under this chapter does not require a separate factual finding that an individual’s mental disorder involves serious difficulty for the individual in controlling the individual’s behavior. Proof that the individual’s mental disorder predisposes the individual to engage in acts of sexual violence and establishes a substantial probability that the individual will again commit those acts necessarily and implicitly includes proof that the individual’s mental disorder involves serious difficulty in controlling the individual’s behavior. State v. Laxton, 2002 WI 82, 254 Wis. 2d 185, 647 N.W.2d 784, 99-3164.
980.06 AnnotationThis chapter does not preclude finding that a person with a sexually-related mental disorder has difficulty in controlling the person’s behavior even if that person is able to conform the person’s conduct to the requirements of the law. State v. Burgess, 2002 WI App 264, 258 Wis. 2d 548, 654 N.W.2d 81, 00-3074.
980.06 AnnotationAffirmed. 2003 WI 71, 262 Wis. 2d 354, 665 N.W.2d 124, 00-3074. See also Burgess v. Watters, 467 F.3d 676 (2006).
980.06 AnnotationPatients civilly committed under this chapter are not employees under federal or Wisconsin minimum wage law. State ex rel. Tran v. Speech, 2010 WI App 58, 324 Wis. 2d 567, 782 N.W.2d 107, 09-0884.
980.06 AnnotationThis chapter does not require the dismissal of a pending commitment petition when the individual subject to the petition is incarcerated because of the revocation of either parole or extended supervision. This section requires the circuit court to order the individual to be committed to the custody of the Department of Health Services for control, care, and treatment, but this chapter does not specify when that commitment must commence. While this section sets forth the requirements for a proper commitment order, neither this section nor any other section of this chapter contains language stating when the individual requirements of that order must be satisfied. State v. Gilbert, 2012 WI 72, 342 Wis. 2d 82, 816 N.W.2d 215, 10-0594.
980.06 AnnotationTo the extent that plaintiffs are uncontrollably violent and pose a danger to others, the state is entitled to hold them in segregation for that reason alone. Preserving the safety of the staff and other detainees takes precedence over medical goals. West v. Schwebke, 333 F.3d 745 (2003).
980.06 AnnotationThe use of polygraph tests as part of a sex offender treatment program does not violate due process. Wilson v. Watters, 348 F. Supp. 2d 1031 (2004).
Notes of Decisions
Cited in 82
cases (5 in the last 5 years), 1995–2025 · leading case: State v. Burris, 2004 WI 91 (Wis. 2004).
State v. Burris, 2004 WI 91 (Wis. 2004). “" Wis. Stat. § 980.06 (2)(d). We further conclude that the proceedings in this matter were neither arbitrary nor fundamentally unfair.”
State v. Rachel, 2002 WI 81 (Wis. 2002). “The most *222 notable of these were made to Wis. Stat. § 980.06 , the statutory section dealing with the physical commitment of sexually violent persons.”
State v. Post, 541 N.W.2d 115 (Wis. 1995). “Wis. Stat. § 980.06 (1). The court must initially determine whether the individual requires secure institutional care or is appropriate for supervised release.”
State v. Carpenter, 541 N.W.2d 105 (Wis. 1995). “" Wis. Stat. § 980.06 . I. BACKGROUND The facts and procedural history in both cases are undisputed.”
State v. West, 2011 WI 83 (Wis. 2011). “" Wis. Stat. § 980.06 . As originally enacted, Wis.”
State v. Ransdell, 2001 WI App 202 (Wis. Ct. App. 2001). “§ 980.06 (1999-2000). [1] His sole claim on appeal is that § 980.”
State v. Williams, 2001 WI App 263 (Wis. Ct. App. 2001). “980, committing them to institutional care *6 pursuant to Wis. Stat. § 980.06 (1999-2000). 1 Their appeals raise identical issues.”
State v. Gilbert, 2012 WI 72 (Wis. 2012). “Following the trial, the circuit court entered a commitment order pursuant to Wis. Stat. § 980.06 . He was not, however, sent back to WRC or to any other DHS facility, but rather was transferred by the DOC to Waupun Correctional Institution to serve the balance of his sentence…”
State v. Sprosty, 595 N.W.2d 692 (Wis. 1999). “The State has presented four issues for our review: (1) is the availability of a facility within the community an appropriate factor for the circuit court to consider under Wis. Stat. §§ 980.06 (2)(b) or 980.08(4); [3] *320 (2) does the circuit court have authority to order a…”
State v. Morford, 2004 WI 5 (Wis. 2004). “Pursuant to the language of Wis. Stat. § 980.06 (2)(a)(1) (1993-94) [8] at the time of his commitment, the circuit court determined that he be placed on supervised release.”
State v. Ronald Knipfer, 2015 WI 3 (Wis. 2015). “See Wis. Stat. §§ 980.06 , 980.09; Arends, 325 Wis.”
State v. Castillo, 556 N.W.2d 425 (Wis. Ct. App. 1996). “Section 980.06(1), STATS., places responsibility for the "control, care and treatment" of any person found to be sexually violent with DHSS.”
— Wis. Stat. § 980.06(1) — 13 cases
State v. Post, 541 N.W.2d 115 (Wis. 1995). “Wis. Stat. § 980.06 (1). The court must initially determine whether the individual requires secure institutional care or is appropriate for supervised release.”
State v. Rachel, 2002 WI 81 (Wis. 2002). “The most *222 notable of these were made to Wis. Stat. § 980.06 , the statutory section dealing with the physical commitment of sexually violent persons.”
State v. Sprosty, 595 N.W.2d 692 (Wis. 1999). “The State has presented four issues for our review: (1) is the availability of a facility within the community an appropriate factor for the circuit court to consider under Wis. Stat. §§ 980.06 (2)(b) or 980.08(4); [3] *320 (2) does the circuit court have authority to order a…”
State v. Burris, 2004 WI 91 (Wis. 2004). “" Wis. Stat. § 980.06 (2)(d). We further conclude that the proceedings in this matter were neither arbitrary nor fundamentally unfair.”
State v. Castillo, 556 N.W.2d 425 (Wis. Ct. App. 1996). “Section 980.06(1), STATS., places responsibility for the "control, care and treatment" of any person found to be sexually violent with DHSS.”
— Wis. Stat. § 980.06(2) — 5 cases
State v. Keding, 571 N.W.2d 450 (Wis. Ct. App. 1997).
State v. Burris, 2004 WI 91 (Wis. 2004). “" Wis. Stat. § 980.06 (2)(d). We further conclude that the proceedings in this matter were neither arbitrary nor fundamentally unfair.”
Arreola v. State, 544 N.W.2d 611 (Wis. Ct. App. 1996).
State v. Zanelli, 589 N.W.2d 687 (Wis. Ct. App. 1998).
State v. Marberry, 605 N.W.2d 612 (Wis. Ct. App. 1999).
— Wis. Stat. § 980.06(2)(a) — 3 cases
Wisconsin v. Laxton, 2002 WI 82 (Wis. 2002).
State v. Rachel, 2002 WI 81 (Wis. 2002). “The most *222 notable of these were made to Wis. Stat. § 980.06 , the statutory section dealing with the physical commitment of sexually violent persons.”
State v. Marberry, 605 N.W.2d 612 (Wis. Ct. App. 1999).
— Wis. Stat. § 980.06(2)(b) — 13 cases
State v. Burris, 2004 WI 91 (Wis. 2004). “" Wis. Stat. § 980.06 (2)(d). We further conclude that the proceedings in this matter were neither arbitrary nor fundamentally unfair.”
State v. Castillo, 556 N.W.2d 425 (Wis. Ct. App. 1996). “Section 980.06(1), STATS., places responsibility for the "control, care and treatment" of any person found to be sexually violent with DHSS.”
State v. Carpenter, 541 N.W.2d 105 (Wis. 1995). “" Wis. Stat. § 980.06 . I. BACKGROUND The facts and procedural history in both cases are undisputed.”
State v. Sprosty, 595 N.W.2d 692 (Wis. 1999). “The State has presented four issues for our review: (1) is the availability of a facility within the community an appropriate factor for the circuit court to consider under Wis. Stat. §§ 980.06 (2)(b) or 980.08(4); [3] *320 (2) does the circuit court have authority to order a…”
State v. Seibert, 582 N.W.2d 745 (Wis. Ct. App. 1998).
— Wis. Stat. § 980.06(2)(c) — 6 cases
Arreola v. State, 544 N.W.2d 611 (Wis. Ct. App. 1996).
State v. Carpenter, 541 N.W.2d 105 (Wis. 1995). “" Wis. Stat. § 980.06 . I. BACKGROUND The facts and procedural history in both cases are undisputed.”
State v. Krueger, 2001 WI App 76 (Wis. Ct. App. 2001).
State v. Keding, 571 N.W.2d 450 (Wis. Ct. App. 1997).
State v. Bollig, 587 N.W.2d 908 (Wis. Ct. App. 1998).
— Wis. Stat. § 980.06(2)(d) — 7 cases
State v. Burris, 2004 WI 91 (Wis. 2004). “" Wis. Stat. § 980.06 (2)(d). We further conclude that the proceedings in this matter were neither arbitrary nor fundamentally unfair.”
Arreola v. State, 544 N.W.2d 611 (Wis. Ct. App. 1996).
State v. Castillo, 556 N.W.2d 425 (Wis. Ct. App. 1996). “Section 980.06(1), STATS., places responsibility for the "control, care and treatment" of any person found to be sexually violent with DHSS.”
State v. Zanelli, 589 N.W.2d 687 (Wis. Ct. App. 1998).
State v. Burris, 2002 WI App 262 (Wis. Ct. App. 2002).
— Wis. Stat. § 980.06(d) — 1 case
State v. Rachel, 2002 WI 81 (Wis. 2002). “The most *222 notable of these were made to Wis. Stat. § 980.06 , the statutory section dealing with the physical commitment of sexually violent persons.”
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