Marberry v. Macht.

2. The essential facts are undisputed. Marberry was committed as a sexually violent person on July 15, 1998, pursuant to Wis. Stat. §980.06(1). Wisconsin Stat. §980.07 requires a reexamination of Marberry's mental condition after his initial commitment and reads in relevant part:

Periodic reexamination; report. (1) If a person has been committed under s. 980.06 and has not been discharged under s. 980.09, the department shall conduct an examination of his or her mental condition within 6 months after an initial commitment under s. 980.06 and again thereafter at least once each 12 months for the purpose of determining whether the person has made sufficient progress to be entitled to transfer to a less restrictive facility, to supervised release or to discharge. At the time of a reexamination under this section, the person who has been committed may retain or, if he or she is indigent and so requests, the court may appoint a qualified expert or a professional person to examine him or her.

3. The State concedes that the Department of Health and Family Services (DHFS) failed to conduct an initial reexamination of Marberry's mental condition within the six months prior to January 15, 1999. On June15, 1999, eleven months after the Wis. Stat. ch. 980 commitment, Marberry filed a petition for a writ of habeas corpus requesting to be discharged from the ch.980 commitment because he had still not received the required Wis. Stat. §980.07(1) initial reexamination.3 The circuit court denied Marberry's petition and he appeals.

ISSUE

4. Marberry and the State dispute whether the six-month time limit for an initial reexamination under Wis. Stat. §980.07(1) is mandatory or directory. The parties also dispute the appropriate remedy if the time limit is mandatory.

* * *

Click the case caption above for the full text of the Court's opinion.

¶38. We conclude that the six-month time limit of Wis. Stat. §980.07(1) for an initial reexamination is mandatory and because of the egregious circumstances of this case, Marberry's release is necessary. We therefore reverse the order of the circuit court.

By the Court. Order reversed.

Unavailable

Unavailable

C.L.