State v. West
2011 WI 83
Wis.2011Background
- West was convicted of a sexually violent offense in 1993 and civilly committed under Wis. Stat. ch. 980 in 1997.
- Amendments in 2005 to § 980.08(4)(cg) removed explicit State burden language but did not assign a clear burden elsewhere.
- In 2008 West sought interpretation of the amended burden and petitioned for supervised release; circuit court denied both.
- West challenged the allocation of the burden of proof and its constitutional validity in the court of appeals, which affirmed.
- The Wisconsin Supreme Court granted review to determine who bears the burden of proof and the applicable standard of persuasion in § 980.08(4)(cg).
- The Court held that amended § 980.08(4)(cg) unambiguously places the burden on the committed individual and that the required persuasion is clear and convincing evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Who bears the burden of proof for supervised release under § 980.08(4)(cg)? | West argues burden shifted to State or is ambiguous. | State/West argues burden remains on committed person after amendment. | Burden lies with the committed individual. |
| What standard of persuasion applies to that burden? | West advocates preponderance or heightened standard. | State contends no explicit standard; court should decide. | Clear and convincing evidence applies. |
| Does the burden shift violate due process or equal protection? | West asserts constitutional violations. | Statutory scheme remains constitutional. | No due process or equal protection violation. |
Key Cases Cited
- Carpenter, 197 Wis. 2d 252 (Wis. 1995) (constitutional validity of ch. 980; civil commitment goals and safeguards)
- Post, 197 Wis. 2d 279 (Wis. 1995) (due process and equal protection; treatment focus of ch. 980)
- Hendricks, 521 U.S. 346 (U.S. 1997) (civil commitment not punitive; civil scheme compatible with liberty interests)
- Rachel II, 324 Wis. 2d 465 (Wis. 2010) (court treated burden allocation in light of presumption in favor of continued commitment)
- McFarren, 62 Wis. 2d 492 (Wis. 1974) (five-factor test for allocating burden of proof in civil changes)
- Walberg, 109 Wis. 2d 96 (Wis. 1982) (defines fair and clear burdens of proof in civil actions (middle burdens))