Wisconsin Statutes
Wis. Stat. § 980.065 (2026)
Institutional care for sexually violent persons
✓ current as of July 2026
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980.065(1m)(1m) The department shall place a person committed under s. 980.06 at the secure mental health facility established under s. 46.055, the Wisconsin resource center established under s. 46.056 or a secure mental health unit or facility provided by the department of corrections under sub. (2).
980.065(1r)(1r) Notwithstanding sub. (1m), the department may place a female person committed under s. 980.06 at Mendota Mental Health Institute, Wisconsin Women’s Resource Center, Winnebago Mental Health Institute, or a privately operated residential facility under contract with the department of health services.
980.065(2)(2) The department may contract with the department of corrections for the provision of a secure mental health unit or facility for persons committed under s. 980.06. The department shall operate a secure mental health unit or facility provided by the department of corrections under this subsection and shall promulgate rules governing the custody and discipline of persons placed by the department in the secure mental health unit or facility provided by the department of corrections under this subsection.
980.065 HistoryHistory: 1993 a. 479; 1997 a. 27; 1999 a. 9; 2001 a. 16; 2007 a. 20 s. 9121 (6) (a); 2013 a. 84.
980.065 AnnotationThis chapter does not require dismissal of a pending commitment petition when the person who is the subject of the petition is incarcerated because of a new sentence or a parole or extended supervision revocation. The wide discretion given to the trial court regarding the timing of the probable cause hearing together with the evident recognition that the subject of the petition might be incarcerated during the commitment proceedings compels the conclusion that the legislature did not intend for commitment proceedings to stop because the person subject to the petition is returned to Department of Corrections custody. State v. Gilbert, 2011 WI App 61, 333 Wis. 2d 157, 798 N.W.2d 889, 10-0594.
980.065 AnnotationNothing in the U.S. Constitution prevents state officials from temporarily detaining a civil committee in conditions normally reserved for inmates so that the civil committee may attend court proceedings concerning commitment. Thiel v. State, 399 F. Supp. 2d 929 (2005).
Notes of Decisions
Cited in 9
cases, 1996–2012 · leading case: State v. Rachel, 2002 WI 81 (Wis. 2002).
State v. Rachel, 2002 WI 81 (Wis. 2002). “Additionally, Wis. Stat. § 980.065 (1m) (1997-98), which dealt with institutional care for sexually violent persons, was changed from: The department may place a person committed to institutional care under s.”
State v. Williams, 2001 WI App 263 (Wis. Ct. App. 2001). “" Wis. Stat. § 980.065 (2). Before *7 the 1999 amendment, the circuit court was directed to determine whether someone found to be a sexually violent person should either be placed in a secure facility or be permitted supervised release.”
State v. Gilbert, 2012 WI 72 (Wis. 2012). “" Wis. Stat. § 980.065 . The Petitioners' interpretation of the statute is further weakened by the fact that it leads to opposite outcomes based solely on happenstance.”
State v. Ransdell, 2001 WI App 202 (Wis. Ct. App. 2001). “" Wis. Stat. § 980.065 (lm). The trial court's judgment and order from which this appeal is taken was entered on June 8, 2000.”
N. Air Servs., Inc. v. Link, 2011 WI 75 (Wis. 2011). “By "sexual violent person commitments," we refer to individuals who are found to be sexually violent and are ordered by the court to be placed in the custody of the Wisconsin Department of Health and Family Services for institutional care in a secure mental health unit or…”
State v. Castillo, 556 N.W.2d 425 (Wis. Ct. App. 1996). “See § 980.065(1), STATS. Nevertheless, the Carpenter and Post decisions reveal that the supreme court determined that the sexual predator law is a constitutional treatment statute, not an unconstitutional punitive statute, because the law accounts for the possibility that a…”
Wisconsin v. Treadway, 2002 WI App 195 (Wis. Ct. App. 2002). “See Wis. Stat. § 980.065 (1999-2000). ¶ 5. On December 1, 1999, Treadway's trial counsel filed "Motions After Judgment and Order for Commitment (Post Verdict Motions)," essentially presenting the arguments offered in this appeal.”
State v. Gilbert, 2011 WI App 61 (Wis. Ct. App. 2011). “" However, Wis. Stat. § 980.065 (lm) describes alternatives that the DHS has for physical placement, including "a secure mental health unit or facility provided by the department of corrections under sub.”
State v. Miller, 600 N.W.2d 224 (Wis. Ct. App. 1999). “He contends that the first is a Department of Corrections facility as provided under § 980.065, Stats.; 3 the second is in an "other facility"; *574 and the third option is to release the person under supervision.”
— Wis. Stat. § 980.065(1) — 1 case
State v. Castillo, 556 N.W.2d 425 (Wis. Ct. App. 1996). “See § 980.065(1), STATS. Nevertheless, the Carpenter and Post decisions reveal that the supreme court determined that the sexual predator law is a constitutional treatment statute, not an unconstitutional punitive statute, because the law accounts for the possibility that a…”
— Wis. Stat. § 980.065(1m) — 1 case
State v. Ransdell, 2001 WI App 202 (Wis. Ct. App. 2001). “" Wis. Stat. § 980.065 (lm). The trial court's judgment and order from which this appeal is taken was entered on June 8, 2000.”
— Wis. Stat. § 980.065(2) — 1 case
State v. Gilbert, 2011 WI App 61 (Wis. Ct. App. 2011). “" However, Wis. Stat. § 980.065 (lm) describes alternatives that the DHS has for physical placement, including "a secure mental health unit or facility provided by the department of corrections under sub.”
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