Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,1371,5 971.16 (3) (intro.) 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 ss. 971.163 (2) (a) and (3) and 973.017 (4), 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. The defendant is not competent to refuse medication or treatment if, because of mental illness, developmental disability, alcoholism or drug dependence, and after the advantages and disadvantages of and alternatives to accepting the particular medication or treatment have been explained to the defendant, one of the following is true:

SB55-ASA1-AA1, s. 3999s Section 3999s. 971.163 of the statutes is created to read:

SB55-ASA1-AA1,1371,13 971.163 Entry of plea of guilty but mentally ill. (1) If a defendant charged with a crime under s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08, 940.09, or 940.10 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, withdraw the plea of not guilty by reason of mental disease or defect and, instead of a plea of guilty or no contest, enter a plea of guilty but mentally ill.

SB55-ASA1-AA1,1371,15 (2) The court may accept a plea of guilty but mentally ill under sub. (1) only if all of the following apply:

SB55-ASA1-AA1,1371,17 (a) The court, with the defendant's consent, has reviewed the reports of all the examinations conducted under s. 971.16.

SB55-ASA1-AA1,1371,19 (b) The court holds a hearing on the issue of the defendant's mental illness and allows the parties to present evidence at the hearing.

SB55-ASA1-AA1,1371,22 (c) Based on the review of reports under par. (a) and any evidence or arguments presented at 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.

SB55-ASA1-AA1,1371,25 (d) The defendant states that he or she is willing to participate in appropriate mental health treatment that is recommended by a physician, psychologist or mental health worker who is responsible for his or her mental health care and treatment.

SB55-ASA1-AA1,1372,2 (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.

SB55-ASA1-AA1, s. 3999t Section 3999t. 971.165 (2g) of the statutes is created to read:

SB55-ASA1-AA1,1372,8 971.165 (2g) If a defendant charged with a crime under s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08, 940.09, or 940.10 has entered a plea of not guilty by reason of mental disease or defect and the defendant's plea is tried to a jury, the court shall, in addition to providing to the jury the information required under sub. (2), inform the jury of all of the following:

SB55-ASA1-AA1,1372,10 (a) That the jury may find the defendant guilty but mentally ill if all of the following apply:

SB55-ASA1-AA1,1372,14 1. The jury finds beyond a reasonable doubt that the defendant did not lack substantial capacity either to appreciate the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of law as a result of mental disease or defect.

SB55-ASA1-AA1,1372,17 2. The jury finds to a reasonable certainty by the greater weight of the credible evidence that the defendant was mentally ill at the time that he or she committed the offense.

SB55-ASA1-AA1,1372,20 (b) That, if the jury finds the defendant guilty but mentally ill, the defendant will receive a criminal sentence or probation and may be required to receive treatment for his or her mental illness.

SB55-ASA1-AA1, s. 3999u Section 3999u. 971.165 (3) (am) of the statutes is created to read:

SB55-ASA1-AA1,1372,25 971.165 (3) (am) If a defendant charged with a crime under s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08, 940.09, or 940.10 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.".

SB55-ASA1-AA1,1373,1 1805. Page 1258, line 7: after that line insert:

SB55-ASA1-AA1,1373,2 " Section 4002m. 971.20 of the statutes is repealed.".

SB55-ASA1-AA1,1373,3 1806. Page 1258, line 7: after that line insert:

SB55-ASA1-AA1,1373,4 " Section 4002k. 971.19 (10) of the statutes is amended to read:

SB55-ASA1-AA1,1373,10 971.19 (10) In an action under s. 30.547 for intentionally falsifying an application for a certificate of number, a registration or a certificate of title, the defendant may be tried in the defendant's county of residence at the time that the complaint is filed, in the county where the defendant purchased the boat if purchased from a dealer or the county where the department of natural resources fish, wildlife, parks, and forestry received the application.".

SB55-ASA1-AA1,1373,11 1807. Page 1261, line 2: after that line insert:

SB55-ASA1-AA1,1373,12 " Section 4014g. 973.017 of the statutes is created to read:

SB55-ASA1-AA1,1373,19 973.017 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, the court may place the person on probation under s. 973.09 if the court withholds sentence or imposes sentence and stays its execution for an offense.

SB55-ASA1-AA1,1373,22 (2) If the court places a defendant who is found guilty but mentally ill on probation or sentences a defendant who is found guilty but mentally ill to the Wisconsin state prisons, the court shall do all of the following:

SB55-ASA1-AA1,1373,24 (a) Order the department, or a person designated by the department, to evaluate the defendant to determine the defendant's treatment needs.

SB55-ASA1-AA1,1374,2 (b) Order the department to provide or arrange for the provision of necessary and appropriate treatment for the defendant's mental illness.

SB55-ASA1-AA1,1374,8 (3) 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), (ar) or (av) 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), (ar) or (av) or 51.37 (5) shall be included as part of the individual's sentence.

SB55-ASA1-AA1,1374,12 (4) If a defendant who is found guilty but mentally ill is sentenced to the Wisconsin state prisons, 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:

SB55-ASA1-AA1,1374,13 (a) A copy of any report of an examination conducted under s. 971.16.

SB55-ASA1-AA1,1374,15 (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).

SB55-ASA1-AA1,1374,17 (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.".

SB55-ASA1-AA1,1374,18 1808. Page 1261, line 2: after that line insert:

SB55-ASA1-AA1,1374,19 " Section 4014r. 973.034 of the statutes is amended to read:

SB55-ASA1-AA1,1375,2 973.034 Sentencing; restriction on child sex offender working with children. Whenever a court imposes a sentence or places a defendant on probation regarding a conviction under s. 940.22 (2) or 940.225 (2) (c) or (cm), if the victim is under 18 years of age at the time of the offense, or a conviction under s. 948.02 (1) or (2), 948.025 (1), 948.05 (1) or (1m), 948.06, or 948.07 (1), (2), (3), or (4), the court shall inform the defendant of the requirements and penalties under s. 948.13.".

SB55-ASA1-AA1,1375,3 1809. Page 1265, line 11: after that line insert:

SB55-ASA1-AA1,1375,4 " Section 4018r. 973.08 (1) of the statutes is amended to read:

SB55-ASA1-AA1,1375,9 973.08 (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.".

SB55-ASA1-AA1,1375,11 1810. Page 1266, line 23: delete the material beginning with that line and ending with page 1267, line 2, and substitute:

SB55-ASA1-AA1,1375,12 " Section 4024n. 973.09 (2) (b) 1. of the statutes is amended to read:

SB55-ASA1-AA1,1375,15 973.09 (2) (b) 1. Except as provided in subd. subds. 1m. and 2., 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.

SB55-ASA1-AA1, s. 4025n Section 4025n. 973.09 (2) (b) 1. of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,1375,21 973.09 (2) (b) 1. Except as provided in subds. subd. 1m. and subject to subd. 2., the original term of probation for felonies, and bifurcated sentence misdemeanors shall be not less than one year nor more than either the statutory maximum term of imprisonment confinement in prison for the crime or 3 years, whichever is greater.

SB55-ASA1-AA1, s. 4025p Section 4025p. 973.09 (2) (b) 1m. of the statutes is created to read:

SB55-ASA1-AA1,1375,24 973.09 (2) (b) 1m. If the probationer was found guilty but mentally ill under s. 971.163 or 971.165, not less than 5 years.".

SB55-ASA1-AA1,1376,1 1811. Page 1268, line 16: after that line insert:

SB55-ASA1-AA1,1376,2 " Section 4026u. 973.09 (6) of the statutes is created to read:

SB55-ASA1-AA1,1376,4 973.09 (6) (a) If a defendant who is found guilty but mentally ill under s. 971.163 or 971.165 is placed on probation, the court shall do all of the following:

SB55-ASA1-AA1,1376,6 1. Order the department, or a person designated by the department, to evaluate the defendant to determine the defendant's treatment needs.

SB55-ASA1-AA1,1376,9 2. Order that the department provide or arrange for the provision of necessary and appropriate treatment that is recommended as a result of the evaluation under subd. 1.

SB55-ASA1-AA1,1376,12 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.

SB55-ASA1-AA1,1376,15 (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.

SB55-ASA1-AA1,1376,18 (c) If a 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.

SB55-ASA1-AA1,1376,21 (d) A defendant placed on probation after being found guilty but mentally ill under s. 971.163 or 971.165 may be committed for treatment to the department of health and family services under s. 51.20 (1) (a).".

SB55-ASA1-AA1,1376,22 1812. Page 1271, line 6: after that line insert:

SB55-ASA1-AA1,1376,23 " Section 4028g. 973.20 (1r) of the statutes is amended to read:

SB55-ASA1-AA1,1377,21 973.20 (1r) When imposing sentence or ordering probation for any crime, other than a crime involving conduct that constitutes domestic abuse under s. 813.12 (1) (a) or 968.075 (1) (a), for which the defendant was convicted, the court, in addition to any other penalty authorized by law, shall order the defendant to make full or partial restitution under this section to any victim of a crime considered at sentencing or, if the victim is deceased, to his or her estate, unless the court finds substantial reason not to do so and states the reason on the record. When imposing sentence or ordering probation for a crime involving conduct that constitutes domestic abuse under s. 813.12 (1) (a) or 968.075 (1) (a) for which the defendant was convicted or that was considered at sentencing, the court, in addition to any other penalty authorized by law, shall order the defendant to make full or partial restitution under this section to any victim of a crime or, if the victim is deceased, to his or her estate, unless the court finds that imposing full or partial restitution will create an undue hardship on the defendant or victim and describes the undue hardship on the record. Restitution ordered under this section is a condition of probation, extended supervision or parole served by the defendant for a crime for which the defendant was convicted. After the termination of probation, extended supervision or parole, or if the defendant is not placed on probation, extended supervision or parole, restitution ordered under this section is enforceable in the same manner as a judgment in a civil action by the victim named in the order to receive restitution or enforced under ch. 785.".

SB55-ASA1-AA1,1377,22 1813. Page 1271, line 13: after that line insert:

SB55-ASA1-AA1,1377,23 " Section 4031j. 978.03 (3) of the statutes is amended to read:

SB55-ASA1-AA1,1378,6 978.03 (3) Any assistant district attorney under sub. (1), (1m) or (2) must be an attorney admitted to practice law in this state and, except as provided in s. ss. 978.043 and 978.044, may perform any duty required by law to be performed by the district attorney. The district attorney of the prosecutorial unit under sub. (1), (1m), or (2) may appoint such temporary counsel as may be authorized by the department of administration.

SB55-ASA1-AA1, s. 4031p Section 4031p. 978.044 of the statutes is created to read:

SB55-ASA1-AA1,1378,9 978.044 Assistants to perform restorative justice services. (1) Definitions. In this section:

SB55-ASA1-AA1,1378,10 (a) "Crime" has the meaning given in s. 950.02 (1m).

SB55-ASA1-AA1,1378,13 (b) "Offender" means an individual who is, or could be, charged with committing a crime or who is, or could be, the subject of a petition under ch. 938 alleging that he or she has committed a crime.

SB55-ASA1-AA1,1378,14 (c) "Victim" has the meaning given in s. 950.02 (4).

SB55-ASA1-AA1,1378,19 (2) Duties. The district attorneys of Dane and Milwaukee counties and of the county selected under sub. (4) shall each assign one assistant district attorney in his or her prosecutorial unit to be a restorative justice coordinator. An assistant district attorney assigned under this subsection to be a restorative justice coordinator shall do all the following:

SB55-ASA1-AA1,1378,23 (a) Establish restorative justice programs that provide support to the victim, help reintegrate the victim into community life, and provide a forum where an offender may meet with the victim or engage in other activities to do all of the following:

SB55-ASA1-AA1,1378,24 1. Discuss the impact of the offender's crime on the victim or on the community.

SB55-ASA1-AA1,1378,25 2. Explore potential restorative responses by the offender.

SB55-ASA1-AA1,1379,1 3. Provide methods for reintegrating the offender into community life.

SB55-ASA1-AA1,1379,3 (b) Provide assistance to the district attorney in other counties relating to the establishment of restorative justice programs, as described in par. (a).

SB55-ASA1-AA1,1379,4 (c) Maintain a record of all of the following:

SB55-ASA1-AA1,1379,6 1. The amount of time spent implementing the requirements of pars. (a) and (b).

SB55-ASA1-AA1,1379,8 2. The number of victims and offenders served by programs established under par. (a).

SB55-ASA1-AA1,1379,9 3. The types of offenses addressed by programs established under par. (a).

SB55-ASA1-AA1,1379,12 4. The rate of recidivism among offenders served by programs established under par. (a) compared to the rate of recidivism by offenders not served by such programs.

SB55-ASA1-AA1,1379,18 (3) Report to department of administration. Annually, on a date specified by the department of administration, the district attorneys of Dane and Milwaukee counties and of the county selected under sub. (4) shall each submit to the department of administration a report summarizing the records under sub. (2) (c) covering the preceding 12-month period. The department of administration shall maintain the information submitted under this subsection by the district attorney.

SB55-ASA1-AA1,1379,21 (4) Selection of 3rd county. The attorney general, in consultation with the department of corrections, shall select a county other than Dane or Milwaukee county in which restorative justice services are to be provided under sub. (2).

SB55-ASA1-AA1,1379,22 (5) Expiration. This section does not apply after June 30, 2005.

SB55-ASA1-AA1, s. 4031r Section 4031r. 978.05 (8) (b) of the statutes is amended to read:

SB55-ASA1-AA1,1380,8 978.05 (8) (b) Hire, employ, and supervise his or her staff and, subject to s. ss. 978.043 and 978.044, make appropriate assignments of the staff throughout the prosecutorial unit. The district attorney may request the assistance of district attorneys, deputy district attorneys, or assistant district attorneys from other prosecutorial units or assistant attorneys general who then may appear and assist in the investigation and prosecution of any matter for which a district attorney is responsible under this chapter in like manner as assistants in the prosecutorial unit and with the same authority as the district attorney in the unit in which the action is brought. Nothing in this paragraph limits the authority of counties to regulate the hiring, employment, and supervision of county employees.".

SB55-ASA1-AA1,1380,9 1814. Page 1280, line 9: after that line insert:

SB55-ASA1-AA1,1380,10 " Section 4034yd. 980.065 (1r) of the statutes is created to read:

SB55-ASA1-AA1,1380,14 980.065 (1r) Notwithstanding sub. (1m), the department may place a female person committed under s. 980.06 at Mendota Mental Health Institute, Winnebago Mental Health Institute, or a privately operated residential facility under contract with the department of health and family services.

SB55-ASA1-AA1, s. 4034ye Section 4034ye. 980.067 of the statutes is created to read:

SB55-ASA1-AA1,1380,19 980.067 Activities off grounds. (1) The superintendent of the facility at which a person is placed under s. 980.065 may allow the person to leave the grounds of the facility under escort. The department of health and family services shall promulgate rules for the administration of this section.

SB55-ASA1-AA1,1380,21 (2) A person remains placed in institutional care under s. 980.065 for purposes of s. 946.42 (3) (h) while on a leave granted under this section.".

SB55-ASA1-AA1,1380,22 1815. Page 1281, line 6: after that line insert: