Opinion
No. 2012AP2021.
2013-08-13
In re the COMMITMENT OF Tod A. BERGEMANN: State of Wisconsin, Petitioner–Respondent, v. Tod A. Bergemann, Respondent–Appellant.
Wis. Stat. § 980.08(4)(cg). The statute unambiguously assigns the burden of producing probative evidence to the committed individual. State v. West, 2011 WI 83, ¶ 55, 336 Wis.2d 578, 800 N.W.2d 929. “[T]he court now begins from the default position of denying the petition, unless and until certain factors are established.” Id., ¶ 56. Thus, Kopetskie effectively testified that Bergemann was not a candidate for supervised release, regardless of which phase of treatment he was in.