AB295: Bill Text

AB295,5,4 302.11 (6m) An inmate who was found guilty but mentally ill under s. 971.163 or 971.165 and who is released on parole under sub. (1) or (1g) (b) or s. 304.02 or 304.06 (1) shall be required as a condition of his or her parole to continue or to seek treatment recommended by the department or by the department of health and social services. In determining whether treatment should be a condition of the inmate's parole, the department shall consider any reports prepared by the department of health and social services under s. 51.20 (19) (am) or 51.37 (8m).

AB295, s. 6 Section 6. 971.06 (1) (am) of the statutes is created to read:

AB295,5,6 971.06 (1) (am) Guilty but mentally ill, subject to s. 971.163.

AB295, s. 7 Section 7. 971.15 (1) of the statutes is renumbered 971.15 (1r).

AB295, s. 8 Section 8. 971.15 (1g) (b) of the statutes is created to read:

AB295,5,11 971.15 (1g) (b) In ss. 971.15 to 971.165, "mental illness" or "mentally ill" means a substantial disorder of thought, mood or behavior that afflicted a person at the time that he or she engaged in criminal conduct and that impaired the person's judgment.

AB295, s. 9 Section 9. 971.15 (2) of the statutes is renumbered 971.15 (1g) (a).

AB295, s. 10 Section 10. 971.15 (2m) of the statutes is created to read:

AB295,5,18 971.15 (2m) A person is not relieved of criminal responsibility and may be found guilty but mentally ill if, at the time the person engaged in criminal conduct, he or she was suffering from a mental illness but did not lack substantial capacity either to appreciate the wrongfulness of his or her conduct or conform his or her conduct to the requirements of law as a result of mental disease or defect.

AB295, s. 11 Section 11. 971.16 (3) of the statutes is amended to read:

AB295,6,13 971.16 (3) Not less than 10 days before trial, or at any other time that the court directs, any physician or psychologist appointed under sub. (2) shall file a report of his or her examination of the defendant with the judge, who shall cause copies to be transmitted to the district attorney and to counsel for the defendant. The Except as provided in s. 971.163 (2) (a) and (3), the contents of the report shall be confidential until the physician or psychologist has testified or at the completion of the trial. The report shall contain an opinion regarding the ability of the defendant to appreciate the wrongfulness of the defendant's conduct or to conform the defendant's conduct with the requirements of law at the time of the commission of the criminal offense charged and, if sufficient information is available to the physician or psychologist to reach an opinion, his or her opinion on whether the defendant needs medication or treatment and whether the defendant is not competent to refuse medication or treatment for the defendant's mental condition. The defendant is not competent to refuse medication or treatment if, because of mental illness, developmental disability, alcoholism or drug dependence, the defendant is incapable of expressing an understanding of the advantages and disadvantages of accepting medication or treatment, and the alternatives to accepting the particular medication or treatment offered, after the advantages, disadvantages and alternatives have been explained to the defendant.

AB295, s. 12 Section 12. 971.163 of the statutes is created to read:

AB295,6,19 971.163 Entry of plea of guilty but mentally ill. (1) If a defendant has entered a plea of not guilty by reason of mental disease or defect and has been examined under s. 971.16, the defendant may waive his or her right to a trial under s. 971.165 and, with the approval of the district attorney, enter a plea of guilty but mentally ill in lieu of a plea of guilty or no contest.

AB295,6,21 (2) The court may accept a plea of guilty but mentally ill under sub. (1) only if all of the following apply:

AB295,6,23 (a) The court, with the defendant's consent, has reviewed the reports of all the examinations conducted under s. 971.16.

AB295,6,25 (b) The court holds a hearing on the issue of the defendant's mental illness at which the parties may present evidence.

AB295,7,3 (c) Based on the review of reports under par. (a) and the hearing held under par. (b), the court is satisfied that the defendant was mentally ill at the time that he or she committed the criminal offense charged.

AB295,7,5 (3) If the court reviews a report under sub. (2) (a), the court shall make the report a part of the record of the case.

AB295, s. 13 Section 13. 971.165 (2) of the statutes is renumbered 971.165 (2) (intro.) and amended to read:

AB295,7,9 971.165 (2) (intro.) If the plea of not guilty by reason of mental disease or defect is tried to a jury, the court shall inform the jury that of all of the following:

AB295,7,15 (a) That the effect of a verdict of not guilty by reason of mental disease or defect is that, in lieu of criminal sentence or probation, the defendant will be committed to the custody of the department of health and social services and will be placed in an appropriate institution unless the court determines that the defendant would not pose a danger to himself or herself or to others if released under conditions ordered by the court.

AB295,7,17 (2m) No verdict on the plea of not guilty by reason of mental disease or defect may be valid or received unless agreed to by at least five-sixths of the jurors.

AB295, s. 14 Section 14. 971.165 (2) (b) of the statutes is created to read:

AB295,7,20 971.165 (2) (b) That the jury may find the defendant guilty but mentally ill if the jury finds all of the following:

AB295,7,23 1. That, beyond a reasonable doubt, the defendant did not lack substantial capacity either to appreciate the wrongfulness of his or her conduct or conform his or her conduct to the requirements of law as a result of mental disease or defect.

AB295,7,25 2. That, to a reasonable certainty by the greater weight of the credible evidence, the defendant was mentally ill at the time that he or she committed the offense.

AB295, s. 15 Section 15. 971.165 (2) (c) of the statutes is created to read:

AB295,8,4 971.165 (2) (c) That the effect of a verdict of guilty but mentally ill is that the defendant will receive a criminal sentence or probation and may be required to undergo treatment for his or her mental illness.

AB295, s. 16 Section 16. 971.165 (3) (am) of the statutes is created to read:

AB295,8,8 971.165 (3) (am) If a defendant is found guilty but mentally ill, the court shall enter a judgment of conviction and shall either impose or withhold sentence under s. 973.017.

AB295, s. 17 Section 17. 973.017 of the statutes is created to read:

AB295,8,16 973.017 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.

AB295,8,18 (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:

AB295,8,21 (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.

AB295,8,23 (b) That the department of corrections provide or arrange for the provision of appropriate treatment, if necessary, for the defendant's mental illness.

AB295,9,4 (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 social 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.

AB295,9,8 (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).

AB295, s. 18 Section 18. 973.09 (2) (a) 1. of the statutes is amended to read:

AB295,9,11 973.09 (2) (a) 1. Except as provided in subd. 2. and par. (c), for misdemeanors, not less than 6 months nor more than 2 years.

AB295, s. 19 Section 19. 973.09 (2) (b) 1. of the statutes is amended to read:

AB295,9,15 973.09 (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.

AB295, s. 20 Section 20. 973.09 (2) (c) of the statutes is created to read:

AB295,9,18 973.09 (2) (c) If the probationer was found guilty but mentally ill under s. 971.163 or 971.165, not less than 5 years.

AB295, s. 21 Section 21. 973.09 (6) of the statutes is created to read:

AB295,9,21 973.09 (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:

AB295,9,22 (a) The court shall do all of the following:

AB295,9,25 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.

AB295,10,3 2. Order that the department of corrections provide or arrange for the provision of appropriate treatment, if necessary, that is recommended as a result of the evaluation under subd. 1.

AB295,10,6 3. Order as a condition of probation that the defendant undergo the evaluation required under subd. 1. and that he or she receive the appropriate mental health treatment, if necessary, that is recommended as a result of that evaluation.

AB295,10,9 (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.

AB295,10,12 (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.

AB295,10,14 (d) The defendant may be committed for treatment to the department of health and social services under s. 51.20 (1) (a).

AB295, s. 22 Section 22. Initial applicability.

AB295,10,17 (1)  This act first applies to offenses committed on the effective date of this subsection.

AB295,10,18 (End)