Wisconsin Statutes
Wis. Stat. § 980.101 (2026)
Reversal, vacation or setting aside of judgment relating to a sexually violent offense; effect
✓ current as of July 2026
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980.101980.101 Reversal, vacation or setting aside of judgment relating to a sexually violent offense; effect.
980.101(1)(1) In this section, “judgment relating to a sexually violent offense” means a judgment of conviction for a sexually violent offense, an adjudication of delinquency on the basis of a sexually violent offense, or a judgment of not guilty of a sexually violent offense by reason of mental disease or defect.
980.101(2)(2) If, at any time after a person is committed under s. 980.06, a judgment relating to a sexually violent offense committed by the person is reversed, set aside, or vacated and that sexually violent offense was a basis for the allegation made in the petition under s. 980.02 (2) (a), the person may bring a motion for postcommitment relief in the court that committed the person. The court shall proceed as follows on the motion for postcommitment relief:
980.101(2)(a)(a) If the sexually violent offense was the sole basis for the allegation under s. 980.02 (2) (a) and there are no other judgments relating to a sexually violent offense committed by the person, the court shall reverse, set aside, or vacate the judgment under s. 980.05 (5) that the person is a sexually violent person, vacate the commitment order, and discharge the person from the custody of the department.
980.101(2)(b)(b) If the sexually violent offense was the sole basis for the allegation under s. 980.02 (2) (a) but there are other judgments relating to a sexually violent offense committed by the person that have not been reversed, set aside, or vacated, or if the sexually violent offense was not the sole basis for the allegation under s. 980.02 (2) (a), the court shall determine whether to grant the person a new trial under s. 980.05 because the reversal, setting aside, or vacating of the judgment for the sexually violent offense would probably change the result of the trial.
Notes of Decisions
Cited in 3
cases, 2012–2014 · leading case: State v. Joseph J. Spaeth, 2014 WI 71 (Wis. 2014).
State v. Joseph J. Spaeth, 2014 WI 71 (Wis. 2014). “For instance, Wis. Stat. § 980.101 addresses the scenario where an individual has been committed under Chapter 980 and the conviction for the predicate offense recited in the petition is later reversed.”
State v. Alger, 2013 WI App 148 (Wis. Ct. App. 2013). “" Wis. Stat. § 980.101 (2). The court must then determine whether there are "other judgments relating to a sexually violent offense committed by the person[.”
State v. Gilbert, 2012 WI 72 (Wis. 2012). “However, neither of these provisions is relevant to the issue in this case, because both deal with the termination of commitment after the entry of an order of commitment under § 980.06. The issue in *98 this case deals with the dismissal of a petition, not a final commitment…”
— Wis. Stat. § 980.101(2) — 1 case
State v. Joseph J. Spaeth, 2014 WI 71 (Wis. 2014). “For instance, Wis. Stat. § 980.101 addresses the scenario where an individual has been committed under Chapter 980 and the conviction for the predicate offense recited in the petition is later reversed.”
— Wis. Stat. § 980.101(2)(a) — 1 case
State v. Gilbert, 2012 WI 72 (Wis. 2012). “However, neither of these provisions is relevant to the issue in this case, because both deal with the termination of commitment after the entry of an order of commitment under § 980.06. The issue in *98 this case deals with the dismissal of a petition, not a final commitment…”
— Wis. Stat. § 980.101(2)(b) — 1 case
State v. Joseph J. Spaeth, 2014 WI 71 (Wis. 2014). “For instance, Wis. Stat. § 980.101 addresses the scenario where an individual has been committed under Chapter 980 and the conviction for the predicate offense recited in the petition is later reversed.”
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