Wisconsin Statutes
Wis. Stat. § 980.105 (2026)
Determination of county and city, village, or town of residence
✓ current as of July 2026
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980.105(1m)(1m) The department shall determine a person’s county of residence for the purposes of this chapter by doing all of the following:
980.105(1m)(a)(a) The department shall consider residence as the voluntary concurrence of physical presence with intent to remain in a place of fixed habitation and shall consider physical presence as prima facie evidence of intent to remain.
980.105(1m)(b)(b) The department shall apply the criteria for consideration of residence and physical presence under par. (a) to the facts that existed on the date that the person committed the sexually violent offense that resulted in the sentence, placement, or commitment that was in effect when the petition was filed under s. 980.02.
980.105(2)(2) If sub. (1m) is insufficient to determine the county of residence, the department shall find that the county of residence is the county in which, on the date that the person committed the sexually violent offense that resulted in the sentence, placement, or commitment that was in effect when the petition was filed under s. 980.02, the person would have been a resident for the purposes of social security disability insurance eligibility.
980.105(2m)(2m) The department shall determine a person’s city, village, or town of residence for the purposes of s. 980.08 (4) (dm) 1. by doing all of the following:
980.105(2m)(a)(a) The department shall consider residence as the voluntary concurrence of physical presence with intent to remain in a place of fixed habitation and shall consider physical presence as prima facie evidence of intent to remain.
980.105(2m)(b)(b) The department shall apply the criteria for consideration of residence and physical presence under par. (a) to the facts that existed on the date that the person committed the sexually violent offense that resulted in the sentence, placement, or commitment that was in effect when the petition was filed under s. 980.02.
980.105 AnnotationA person’s county of residence shall be determined based on the facts that existed on the date of the underlying offense. A court does not have jurisdiction merely because a defendant is in a Wisconsin prison at the time the petition is filed. State v. Burgess, 2002 WI App 264, 258 Wis. 2d 548, 654 N.W.2d 81, 00-3074.
980.105 AnnotationAffirmed on other grounds. 2003 WI 71, 262 Wis. 2d 354, 665 N.W.2d 124, 00-3074.
980.105 AnnotationThe circuit court had jurisdiction to conduct proceedings under this chapter involving an enrolled tribal member who committed the underlying sexual offense on an Indian reservation. State v. Burgess, 2003 WI 71, 262 Wis. 2d 354, 665 N.W.2d 124, 00-3074. See also Burgess v. Watters, 467 F.3d 676 (2006).
Notes of Decisions
Cited in 2
cases, 2002–2006 · leading case: Wisconsin v. Burgess, 2002 WI App 264 (Wis. Ct. App. 2002).
Wisconsin v. Burgess, 2002 WI App 264 (Wis. Ct. App. 2002). “The State's position is contrary to Wis. Stat. § 980.105 , which establishes the procedures a court must follow to determine a person's residence for the purpose of a ch.”
In Re Alt. Placement of Morford, 2006 WI App 229 (Wis. Ct. App. 2006). “In developing a plan for where the person may reside while on supervised release, the department shall consider the proximity of any potential placement to the residence of other persons on supervised release and to *357 the residence of persons who are in custody of the…”
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