AB59: Bill Text

AB59,9,7 973.017 Sentence of person found guilty but mentally ill. (1) If a defendant is found guilty but mentally ill under s. 971.163 or 971.165, the court, by order, may impose sentence under this chapter, withhold sentence, or impose sentence under s. 973.15 and stay its execution. Except as provided in s. 973.09 (1) (c) or if probation is prohibited for a particular offense by statute, if the court withholds sentence or imposes sentence and stays its execution for an offense, the court may place the person on probation under s. 973.09.

AB59,9,9 (2) If the court places a defendant who is found guilty but mentally ill in the custody of the department of corrections, the court shall order all of the following:

AB59,9,12 (a) That the department of corrections, or a person designated by the department of corrections, evaluate the defendant to determine the defendant's treatment needs.

AB59,9,14 (b) That the department of corrections provide or arrange for the provision of necessary and appropriate treatment for the defendant's mental illness.

AB59,9,20 (3) (a) If a defendant who is found guilty but mentally ill is serving a sentence of imprisonment or is confined as a condition of probation, he or she may be transferred or committed for treatment to the department of health and family services under s. 51.20 (1) (a) or (ar) or 51.37 (5). Any time spent by the defendant in a state treatment facility due to a transfer or commitment under s. 51.20 (1) (a) or (ar) or 51.37 (5) shall be included as part of the individual's sentence.

AB59,9,24 (b) A defendant who is transferred or committed to a state treatment facility under par. (a) during the period of his or her imprisonment or confinement and who is discharged from the inpatient treatment facility after his or her release date as determined under s. 302.11 is subject to s. 302.11 (6m).

AB59,10,4 (4) If a defendant who is found guilty but mentally ill is sentenced to prison or to the intensive sanctions program, the clerk of court shall attach all of the following to the judgment of conviction that is delivered with the defendant under s. 302.06 to the reception center designated by the department:

AB59,10,5 (a) A copy of any report of an examination conducted under s. 971.16.

AB59,10,7 (b) A copy of any report other than a report specified in par. (a) that was admitted into evidence at a hearing under s. 971.163 (2) (b).

AB59,10,9 (c) A copy of any report other than a report specified in par. (a) that was admitted into evidence at a trial under s. 971.165.

AB59, s. 17 Section 17. 973.08 (1) of the statutes is amended to read:

AB59,10,15 973.08 (1) When any defendant is sentenced to the state prisons, a copy of the judgment of conviction and, a copy of any order for restitution under s. 973.20 and, if applicable, a copy of any report specified in s. 973.017 (4) shall be delivered by the officer executing the judgment to the warden or superintendent of the institution when the prisoner is delivered.

AB59, s. 18 Section 18. 973.09 (2) (a) 1. of the statutes is amended to read:

AB59,10,18 973.09 (2) (a) 1. Except as provided in subd. 2. and par. (c), for misdemeanors, not less than 6 months nor more than 2 years.

AB59, s. 19 Section 19. 973.09 (2) (b) 1. of the statutes is amended to read:

AB59,10,22 973.09 (2) (b) 1. Except as provided in subd. 2. and par. (c), for felonies, not less than one year nor more than either the statutory maximum term of imprisonment for the crime or 3 years, whichever is greater.

AB59, s. 20 Section 20. 973.09 (2) (c) of the statutes is created to read:

AB59,10,25 973.09 (2) (c) If the probationer was found guilty but mentally ill under s. 971.163 or 971.165, not less than 5 years.

AB59, s. 21 Section 21. 973.09 (6) of the statutes is created to read:

AB59,11,3 973.09 (6) If a defendant who is found guilty but mentally ill under s. 971.163 or 971.165 is placed on probation, all of the following apply:

AB59,11,4 (a) The court shall do all of the following:

AB59,11,7 1. Order the department of corrections, or a person designated by the department of corrections, to evaluate the defendant to determine the defendant's treatment needs.

AB59,11,10 2. Order that the department of corrections provide or arrange for the provision of necessary and appropriate treatment that is recommended as a result of the evaluation under subd. 1.

AB59,11,13 3. Order as a condition of probation that the defendant undergo the evaluation required under subd. 1. and that he or she receive the necessary and appropriate mental health treatment that is recommended as a result of that evaluation.

AB59,11,16 (b) Treatment required under par. (a) as a condition of probation may be provided by any state or local agency or, if approved by the department, by a private physician, psychologist, mental health worker or mental health agency.

AB59,11,19 (c) If the defendant is required to receive treatment under par. (a), the person treating the defendant shall, once every 90 days, file with the court and the department a written report concerning the defendant's condition and treatment.

AB59,11,21 (d) The defendant may be committed for treatment to the department of health and family services under s. 51.20 (1) (a).

AB59, s. 22 Section 22. Initial applicability.

AB59,11,24 (1) This act first applies to offenses committed on the effective date of this subsection.

AB59,11,25 (End)