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Craig Mastantuono Nov. 19, 2012

From the State Bar of Wisconsin (www.wisbar.org):A state appeals court has clarified the standard required before a person committed as sexually violent can receive a new discharge hearing in circuit court. The Court of Appeals (J. Brennan) upheld the circuit court finding that, in order to receive a new court hearing to the trier of fact, the petitioner must produce some new evidence, not previously considered, which demonstrates that he no longer meets the criteria for commitment as a sexually violent person. This will reduce the number of fact-findng hearings in our circuit courts on continuing petitions for release, requiring new facts (e.g., treatment development) since the previous hearing in order for a person committed as a sexually violent person to get back to court for a hearing on release.For further analysis, see:   State v. SchulpiusState v. Schulpius, 2011AP2565.