1. Wisconsin Sexually Violent Persons Program
Stephen Kopetskie, Ph.D.
Court Assessment & Community Programs Director
Sand Ridge Secure Treatment Center

2. WHO WE ARE
Sand Ridge Secure Treatment Center (SRSTC) is operated by the Department of Health Services.
Per Wis. Stat. § , SRSTC is “a secure mental health facility for the detention, evaluation and institutional care of persons under Ch. 980.”
SRSTC is responsible for operating the State’s Sexually Violent Persons in-patient program.
The Supervised Release Program is now part of the Bureau of Community Forensic Services (BCF) in the Division of Care and Treatment Services

3. Department Of Health Services Division of Care and Treatment Services
DHS
Department Of Health Services Division of Care and Treatment Services
Sand Ridge Secure Treatment Center (SRSTC)
Wisconsin Resource Center (WRC)
Mendota Mental Health Institute (MMHI)
Winnebago Mental Health Institute (WHMI)
Northern Wisconsin Center (NWC)
Central Wisconsin Center (CWC)
Southern Wisconsin Center (SWC)

4. SVP—CHAPTER 980

5. CORE PRINCIPLES
Individuals can make positive changes in their lives and behavior, including the elimination of sexually violent acts.
An organizational culture of treatment and learning opportunities in a respectful environment fosters positive behavioral change.
Knowledge, based on research, must guide all evaluation and treatment activities.
Society has a right to be protected from those individuals unable or unwilling to change.

6. SRSTC (Mauston, WI) New facility opened in June 2001
Bed capacity of 400
100 vacant beds (repurposed)
Units of 25 beds
Specialized treatment units
High-security outer perimeter
Community relations team
529 employees – second largest employer in
Juneau County

7. Wisconsin’s Sexually Violent Persons Law Chapter 980 Overview

8. HISTORY OF CHAPTER 980
WI had a special “Sex Crimes Law” commitment in the s
Chapter 975 was repealed in the early 1980s
Commitment under this law was in lieu of sentencing
Repealed because of a lack of effectiveness
Chapter 980 is Wisconsin’s Sexually Violent Persons (SVP) law
Statute created in 1994
Sparked by highly visible, controversial case
Expected at enactment that program would be small
Original plan to house the program at WRC in Oshkosh

9. HISTORY OF CHAPTER 980
Commitment rate significantly exceeded expectations
Legislature authorized construction of Sand Ridge Secure Treatment Center
U.S. and Wisconsin supreme courts ruled on constitutionality (e.g., ex post facto and double jeopardy)
US Supreme Court: Kansas v. Hendricks
WI Supreme Court: Wisconsin v. Post

10. NATIONAL ISSUE
20 other states and U.S. Federal government have civil commitment laws for sexual offenders.
National sex offender registry, community notification, monitoring of sex offenders.
Jacob Wetterling Act – Registration
Megan Kanka’s Law – Community Notification
Adam Walsh Act – Expands Other Acts
Residence Restrictions
Lifetime GPS Monitoring

11. WHAT IS CHAPTER 980? Involuntary civil commitment
Indefinite commitment with annual reviews of treatment progress and whether patient meets discharge/Supervised Release criteria
Commitment and release controlled by the courts
Patients must file petitions
Intended to address sex offenders who have the highest sexual recidivism risk
Control, care, and treatment of these patients

12. CHAPTER 980 REVIEW AND COMMITMENT PROCESS
Approximately 3% of all inmates referred by the ECRB are committed to SRSTC.

13. KEY TERMS Detainee Committed to institution Supervised Release
Discharge
Dual status
Revocation

14. Limited Patient Rights
Limits on patient rights for SVPs:
Voting only in municipality of residence
Absentee ballot
Mail and phone monitoring
Restraint during transportation
Night lock
Taping for security
Polygraph testing

15. CONDITIONS TO BE PROVEN
Person was convicted, adjudicated delinquent, or found not guilty by reason of mental disease for a sexually violent offense.
Person can be committed from a juvenile or adult correctional facility or from a state mental hospital.
Sexually violent offenses include first, second, and third degree sexual assault; sex assault of a child; child enticement; or other felonies if the crime was sexually motivated.
Juvenile recidivism risk studies: approximately 7%

16. CONDITIONS TO BE PROVEN
At the time of the petition for probable cause, the person was within 90 days of discharge or release from a facility.
Process needs to be handled in a timely manner.

17. CONDITIONS TO BE PROVEN
Person has a mental disorder.
Congenital or acquired condition affecting the emotional or volitional capacity that predisposes a person to engage in acts of sexual violence
Very different definition than mental illness: “Substantial disorder of thought, mood, perception, orientation or memory which grossly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life”

18. CONDITIONS TO BE PROVEN
Person is dangerous to others because the person’s mental disorder makes it likely that he or she will engage in acts of sexual violence.
“More likely than not” standard ( > 50% )
Risk assessments utilize actuarial instruments and structured clinical assessment tools and consider other relevant factors (e.g., ability/ willingness to manage dynamic risk factors).
New research can lead to major changes in assessments and ultimate issue opinions

19. CH 980 – SVP POPULATION Current 980s Committed 314 Detained 33
Supervised Release 50
SR Plan Orders 34
ATRs (SR)
Pending Revocation (SR) 4
Dual Status (DHS/DOC)
Historical 980s
SR Placements 169
SR Revocations
Deaths
SR Discharges
Institution Discharges /01/2017

20. Statistical Profile Chapter 980 Population

21. HISTORICAL GROWTH RATE
Inpatient Chapter 980 Population Includes Those Committed and Detained
Note: The number for the population is the census on the last day of the calendar year.

22. HISTORICAL RATE OF DISCHARGES
SVPIS “All Dismissed/Discharged 980s rpt”

23. HISTORICAL GROWTH RATE—SR
Number of patients on SR on Dec. 31st of the given year.

24. RACIAL COMPOSITION
SVPIS “Current 980s by Race rpt”

25. AGE
SVPIS “Current 980s by Age Range rpt”

26. MENTAL HEALTH DIAGNOSIS

27. PARAPHILIC DISORDERS

28. SRSTC Treatment Program
Common Patient Problems:
History of multiple sexual offenses
Multiple paraphilias
History of non-sexual criminal offenses
Comorbidity with substance abuse, mental illness, and/or cognitive/learning disorders
Personality disorders (including psychopathy)
High rate of trauma victimization (abuse/neglect)
History of failed treatment and community supervision

29. SRSTC Treatment Program
Treatment Tracks:
Corrective Thinking
High psychopathy; average (or better) IQ
Conventional
Low/moderate psychopathy; average (or better) IQ
COMPASS
Low/moderate psychopathy; cognitive deficits
Achieving Capability to Thrive (ACT)
High psychopathy; cognitive deficits

30. SRSTC Treatment Program
Treatment Phases (Individualized Plans):
Phase One: Treatment engagement
Phase Two: Identification of dynamic risk factors (DRFs) associated with sexual re-offense, recognition of how they manifest in current functioning, and development of strategies to manage them
Phase Three: Sustained management of DRFs and preparation for maintaining changes in the community (discharge or Supervised Release)

31. Sex Offender Treatment
Risk-Need-Responsivity (R-N-R) Model:
(Bonta & Andrews, 2007)
Risk:
Devote resources to moderate to high-risk offenders
Need:
Criminogenic needs associated with recidivism
Responsivity:
Address factors affecting patients’ treatment engagement/progress

32. Sex Offender Treatment
Dynamic Risk Factors:
Sexual preoccupation
Any deviant sexual interest
Sexual preference for children
Sexualized violence/multiple paraphilias
Offense supportive attitudes
Emotional congruence with children
Lack of emotionally intimate relationships w/adults
No long-term or many conflictual relationships
Lifestyle impulsivity
Chronic instability; lack of long-term goals/plans
Ineffective problem solving

33. Sex Offender Treatment
Dynamic Risk Factors:
Resistance to rules and supervision
Grievance thinking/hostility
Negative social influences
Hostility toward women
Machiavellianism
Others are weak and easily manipulated
Acceptable to take advantage of their weaknesses
Callousness/Lack of concern for others

34. Sex Offender Treatment
Dynamic Risk Factors:
Dysfunctional coping
Sexualized/Externalized coping
Not Related to Sexual Recidivism:
Denial (in Great Britain, but not in U.S.)
Lack of victim empathy
Poor social skills
Depression
Lack of treatment motivation at intake

35. Sex Offender Treatment
Does sex offender treatment work?
Studies indicate treatment reduces sexual recidivism by 27% - 43%
SRSTC data: 9% of discharged patients were convicted of a new sexual offense
SR Clients: Less than 2% have been convicted of a new sexual offense while on SR
all of the victims knew the perpetrator

36. SVP Evaluations Pre-Commitment Reports: 980.015 (Pre-Probable Cause)
Usually DOC, but DHS does a few
(Post-Probable Cause)
Post-Commitment Evaluations (Annual):
Treatment Progress Reports
“significant progress in treatment” (SPT)
Evaluation Reports
Discharge/Supervised Release criteria

37. Patient Petitions
Patients can petition for Supervised Release or discharge
Patients are entitled to an examination by court-appointed evaluator
Probable cause hearing regarding petition
Testimony provided by SRSTC Evaluation Unit psychologist, SRSTC Treatment Evaluator, and court-appointed evaluator
Discharge: judge or jury (state’s burden)
Supervised Release: judge only (patient’s burden)

38. SPT Criteria (2013)
Meaningfully participating in Chapter 980 treatment
Participating sufficiently to identify specific treatment needs and demonstrating willingness to address those needs
Demonstrating understanding of thoughts, attitudes, emotions, behaviors and sexual arousal linked to sex offending, and can identify them in current functioning
Demonstrating sufficiently sustained change so it is reasonable to assume change can be maintained with continued treatment

39. Discharge Criteria Discharge:
Does patient continue to meet commitment criteria?
Continue to have a mental disorder predisposing him to commit sexually violent acts
More likely than not to commit another sexually violent offense
If judge/jury decides he no longer meets criteria, then patient is discharged.

40. Discharge No longer meets commitment criteria
No DHS support/supervision
Must register with SORP
Lifetime GPS while living in WI
Must adhere to local ordinances regarding sexual offenders

41. SUPERVISED RELEASE
Aside from constitutional issues, Supervised Release has numerous benefits:
Potential to earn one’s way out of the institution is a key part of the institution’s success
Increases treatment participation rate (89%)
Promotes a positive institutional climate
Release with conditions and supervision is a safer way for individuals to reintegrate into the community
Detection of potentially dangerous behaviors
Ability to build better community living skills and support
Develop employment skills

42. SR Criteria Demonstrating significant treatment progress?
Is it substantially probable that he will not engage in sexual violence while on Supervised Release?
Can his treatment needs be met in the community?
Can he be reasonably expected to comply with all Supervised Release rules and conditions?
Can he be safely managed with reasonable resources in the community?
If he meets these criteria, then judge orders DHS to develop a Supervised Release plan
SOT provider, housing, AODA, psychiatrist, medical, etc…

43. Supervised Release SR Program under DCTS Supervision, not SRSTC
Must follow SR rules and, in some cases, DOC rules
First year is very restrictive (house arrest)
Direct Supervision Monitors; within arms length
Can leave residence only for basic living needs
Housing is most difficult challenge
Act 156 (became law in March 2016)
Statewide residence restrictions (1500 feet)/SCSO restriction
Restricts use of “good cause” for out of county search orders
Exempts SR clients from local ordinances
Problems (county apathy; residence restrictions; lack of vendors; public outcry)

44. Supervised Release
Clients supervised by Community Reintegration Team (CRT), which consists of
Bureau of Community Forensics Contract Specialist
Department of Corrections agent
Contracted sex offender treatment provider
Case Manager (Matt Talbot Recovery Services)
Transportation/Monitoring provided by Direct Supervision Monitors and chaperones
Routine testing, including polygraphs and PPGs
Searches and UAs (random and for cause)
GPS/electronic monitoring

45. Contact Information
Thanks for your time and attention. If you have any questions or comments, please contact me at: Stephen Kopetskie, Ph.D. Court Assessment & Community Programs Manager Sand Ridge Secure Treatment Center Office: (608)