In Re Commitment of Byers

1. The petitioner, Harris Byers, seeks review of a decision of the court of appeals affirming a judgment and order committing him pursuant to Wis. Stat. Chapter 980 (1997-98) to a secure mental health facility as a sexually violent person. Byers asserts that a district attorney lacks authority to file a Chapter 980 petition unless the agency with jurisdiction has first requested the filing of a petition and the Department of Justice (DOJ) has declined. We agree and conclude that a request from the agency with jurisdiction and a subsequent decision by the DOJ not to file are prerequisites to a district attorneys authority to file a Chapter 980 petition. Accordingly, we reverse the court of appeals and remand the matter to the circuit court for dismissal of the petition.