Sentencing Conditional Release.

Byline: Derek Hawkins

WI Court of Appeals District III

Case Name: State of Wisconsin v. Larry W. Olson

Case No.: 2018AP1075-CR; 2018AP1076-CR

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Sentencing Conditional Release

In these consolidated cases, Larry Olson appeals from orders revoking his conditional release, pursuant to WIS. STAT. 971.17(3)(e) (2017-18). The sole issue before us is whether the time limit set forth in 971.17(3)(e) requiring that the Department of Health Services (the Department) "shall submit" a statement of probable cause and a petition to revoke an order for conditional release within seventy-two hours of detaining a person is directory or mandatory.

We conclude the seventy-two-hour time limit set forth in WIS. STAT. 971.17(3)(e) is mandatory. Consequently, the Department's undisputed failure to comply with the time limit in this case deprived the circuit court of...