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[T] In re Commitment of Franklin3/11/2003
. Gregory J. Franklin appeals his commitment under Chapter 980 of the Wisconsin Statutes after a jury found him to be a sexually violent person pursuant to Wis. Stat. § 980.01(7) (1997-98). He argues that: (1) the State failed to prove that he lacked the volitional ability to control his dangerous and sexually violent behavior, as required by Kansas v. Crane, 534 U.S. 407 (2002); (2) the trial court erred in admitting "other acts" evidence; (3) the trial court erroneously exercised its discretion in refusing to give his special jury instruction; (4) the legislative change made to Chapter 980 directing that a committee be sent to a secured mental facility and prohibiting the option of supervised release into the community violates his right to equal protection and due process; and (5) his commitment should be reversed in the interest of justice. We affirm.
I. Background.
. In March 1998, the State filed a petition alleging that Franklin was a sexually violent person and that he was within 90 days of release from his sentences. At the time Franklin was serving sentences for two convictions of second-degree sexual assault, and one conviction of attempted second-degree sexual assault, contrary to Wis. Stat. §§ 940.225(2)(a) and 939.32 (1985-86), all of which were being served consecutively to his earlier conviction for first-degree sexual assault, contrary to Wis. Stat. § 940.225(1)(b) (1979-80). The petition further alleged that Franklin had a mental disorder; specifically, schizophrenia, disorganized type, as well as alcohol abuse and other substance abuse, which affected his emotional or volitional capacity and predisposed him to engage in acts of sexual violence. After a probable cause hearing, various pretrial motions were brought by both parties, including the State's request to introduce presentence investigation reports conducted on Franklin in the past. Over Franklin's objection, the trial court granted the State's motion.
. Ultimately, a jury trial was held. As anticipated, during the trial the State introduced several presentence investigation reports compiled for use during Franklin's sentencings for unrelated crimes. These reports revealed information that touched on Franklin's adjustment in prison. They included information that Franklin made coffee in his toilet bowl, his self-report of hearing voices, and his confession that he was not in control when he sexually assaulted his victims. Also admitted into evidence were Franklin's entire juvenile record and his adult criminal record.
. During the trial, Dr. Dennis Doren, a State's expert witness, testified that in assessing Franklin's potential risk to reoffend, he took into consideration Franklin's anticipated date of release and the fact that he would only be on parole until January 2003. Franklin objected to this testimony because the parties had agreed not to discuss disposition. The trial court overruled his objection.
. At the jury instruction conference following the close of testimony, Franklin's attorney sought to have the trial court instruct the jury that Franklin would be subject to a civil commitment if released and to explain to the jury the needed elements to secure a civil commitment. The trial court denied the request finding that such an instruction would only mislead the jury. On June 28, 2000, the jury found Franklin to be a sexually violent person. Following this finding, the trial court ordered Franklin to be committed to a secure facility.
. In his post-commitment motion, Franklin argued that the change in the law prohibiting ch. 980 committees to be conditionally released into the community violated due process and equal protection. Franklin contend
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