State of Wisconsin, Petitioner-Appellant v. Samuel E. Post, Respondent-Respondent; State of Wisconsin…

Summary

The court held that Wisconsin's sexually violent person commitment statute is constitutional against substantive due process and equal protection challenges and is not rendered incomplete by the governor's partial veto. The statute permissibly provides civil commitment for persons with a qualifying mental disorder that substantially predisposes them to future sexual violence, and its treatment, review, and release provisions are reasonably related to public protection and treatment. Equal protection does, however, require that committed persons be allowed to request a jury at discharge hearings. The circuit court's dismissal of the petitions was reversed and the causes were remanded.