AB383,741
8Section
741. 971.10 (2r) of the statutes is created to read:
AB383,229,109
971.10
(2r) Inapplicability to detainers. Subsections (1) to (2m) do not apply
10to inmates of a state prison.
AB383,742
11Section
742. 971.10 (3) (title) of the statutes is created to read:
AB383,229,1212
971.10
(3) (title)
Continuances.
AB383,743
13Section
743. 971.10 (3) (a) of the statutes is renumbered 971.10 (3) (a) (intro.)
14and amended to read:
AB383,229,1615
971.10
(3) (a) (intro.) A court may grant a continuance in a case, upon its own
16motion or the motion of any party, if
all of the
following apply:
AB383,229,19
171. The ends of justice served by
taking action a continuance outweigh the best
18interest of the public and the defendant in a speedy trial.
A continuance shall not
19be granted under this paragraph unless the
AB383,229,23
202. The court sets forth,
in on the record
of the case, either orally or in writing,
21its reasons for finding that
the ends of justice served by the granting of the
22continuance outweigh the best interests of the public and the defendant in a speedy
23trial subd. 1. applies.
AB383,744
24Section
744. 971.10 (3) (b) (intro.), 1. and 2. of the statutes are amended to
25read:
AB383,230,3
1971.10
(3) (b) (intro.)
The factors, among others, which the court shall
2consider in In determining whether to grant a continuance under par. (a)
are, the
3court shall consider at least the following factors:
AB383,230,64
1. Whether the failure to grant
the a continuance
in the proceeding would be
5likely to make
a continuation of the proceeding it impossible
to continue the
6proceeding or result in a miscarriage of justice.
AB383,230,107
2. Whether the case taken as a whole is so unusual and so complex, due to the
8number of defendants
or, the nature of the prosecution
, or otherwise, that it is
9unreasonable to expect adequate preparation within the periods of time established
10by this section.
AB383,745
11Section
745. 971.10 (3) (c) of the statutes is amended to read:
AB383,230,1512
971.10
(3) (c)
No A court may not grant a continuance under par. (a)
may be
13granted because of general congestion of the court's calendar
or, the
state's lack of
14diligent preparation
, or the
state's failure to obtain available witnesses
on the part
15of the state.
AB383,746
16Section
746. 971.10 (4) of the statutes is renumbered 971.10 (2m) and
17amended to read:
AB383,230,2318
971.10
(2m) Remedy. Every If a defendant
is not tried
in accordance with on
19time under this section
, the court shall
be discharged release him or her from custody
20but the obligations of the bond or other and remove any monetary conditions of
21release
of a defendant imposed as a result of the charge for which the time limit is
22exceeded. Nonmonetary conditions shall continue
until modified or until the bond
23is released or the conditions removed or may be imposed.
AB383,747
24Section
747. 971.105 of the statutes is amended to read:
AB383,231,9
1971.105 Child victims and witnesses; duty to expedite proceedings. In
2all criminal
and delinquency cases
, juvenile fact-finding hearings under s. 48.31 and
3juvenile dispositional hearings involving a child
as a victim
, as defined in s. 950.02
4(4), or
as a witness, as defined in s. 950.02
(5), the court and the district attorney shall
5take appropriate action to ensure a speedy trial in order to minimize the length of
6time the child must endure the stress of
the child's
his or her involvement in the
7proceeding. In ruling on any motion or other request for a delay or continuance of
8proceedings, the court shall consider and give weight to any adverse impact the delay
9or continuance may have on the well-being of a child victim or witness.
AB383,748
10Section
748. 971.11 (1) of the statutes is amended to read:
AB383,231,2211
971.11
(1) Whenever the warden or superintendent
of a state prison receives
12notice of an untried criminal case pending in this state against an inmate of
a state 13the prison, the warden or superintendent shall, at the request of the inmate, send
14by certified mail a written request to the district attorney for prompt disposition of
15the case. The request shall state the sentence then being served
, and the date of
the
16inmate's parole eligibility,
if applicable, or the date
of release on which the inmate
17will be released to extended supervision,
or the approximate
discharge or conditional
18release date, and prior decision relating to parole. If there has been no preliminary
19examination on the pending case, the request shall state whether the inmate waives
20such examination, and, if so, shall be accompanied by a written waiver signed by the
21inmate date on which the inmate will be discharged. If the inmate is already eligible
22for parole, the request shall describe any prior decision relating to parole.
AB383,749
23Section
749. 971.11 (2) and (3) of the statutes are consolidated, renumbered
24971.11 (2) and amended to read:
AB383,232,11
1971.11
(2) If the crime charged
in the pending case is a felony, the district
2attorney shall either move to dismiss the
pending case or
arrange a date for
3preliminary examination as soon as convenient and notify the warden or
4superintendent of the prison thereof, unless such examination has already been held
5or has been waived. After the preliminary examination or upon waiver thereof, the
6district attorney shall file an information, unless it has already been filed, and mail
7a copy thereof to the warden or superintendent for service on the inmate. The district
8attorney shall bring the case on for trial within 120 days after
receipt of receiving the
9request
, subject to s. 971.10
. (3) (3). If the crime charged
in the pending case is a
10misdemeanor, the district attorney shall either move to dismiss the
charge case or
11bring it on for trial within 90 days after receipt of the request.
AB383,750
12Section
750. 971.11 (4) of the statutes is amended to read:
AB383,232,1713
971.11
(4) If the defendant desires to plead guilty or no contest to the complaint
14or to the information served upon him or her, the defendant shall notify the district
15attorney
thereof. The district attorney shall thereupon arrange for the
defendant's
16arraignment inmate to enter a plea as soon as possible
and the court may receive the
17plea and pronounce judgment.
AB383,751
18Section
751. 971.11 (5) of the statutes is amended to read:
AB383,232,2219
971.11
(5) If the defendant wishes to plead guilty to cases pending in more than
20one county, the
several district attorneys involved may agree with the defendant and
21among themselves for all such pleas to be received in the appropriate court of one of
22such counties, and s. 971.09 shall govern the procedure thereon so far as applicable.
AB383,752
23Section
752. 971.11 (6) of the statutes is amended to read:
AB383,233,924
971.11
(6) The
prisoner shall be delivered warden or superintendent of the
25prison shall deliver the inmate into the custody of the sheriff of the county in which
1the charge is pending for transportation to the court, and the
prisoner shall be
2retained in that sheriff shall retain custody
of the inmate during all proceedings
3under this section. The sheriff shall return the
prisoner inmate to the prison upon
4the completion of the proceedings and during any adjournments or continuances
and
5between the preliminary examination and the trial, except that
, if the department
6of corrections certifies a jail as being suitable to detain the
prisoner inmate, he or she
7may be detained there until the court disposes of the case. The
prisoner's inmate's 8existing sentence continues to run and he or she receives time credit under s. 302.11
9while in custody.
AB383,753
10Section
753. 971.11 (7) of the statutes is amended to read:
AB383,233,1811
971.11
(7) If the district attorney moves to dismiss any pending case
or if it is
12not brought on for trial to which a request under sub. (1) relates or does not bring the
13case on for trial within the time specified in sub. (2)
or (3), the
case court shall
be
14dismissed dismiss the case unless the defendant has escaped or otherwise prevented
15the trial, in which case the request for disposition of the case shall be deemed
16withdrawn and of no further legal effect.
Nothing in this section prevents a trial after
17the period specified in sub. (2) or (3) if a trial commenced within such period
18terminates in a mistrial or a new trial is granted.
AB383,754
19Section
754. 971.12 (title) of the statutes is renumbered 970.13 (title).
AB383,755
20Section
755. 971.12 (1) and (2) of the statutes are renumbered 970.13 (1)
21(intro.) and (2) and amended to read:
AB383,233,2522
970.13
(1) Joinder of crimes. (intro.) Two or more crimes may be charged in
23the same complaint
, information or indictment in a separate count for each crime if
24the crimes charged, whether felonies or misdemeanors, or both,
if each is described
25in a separate count and if any of the following applies:
AB383,234,1
1(a) The crimes are of the same or similar character
or.
AB383,234,2
2(b) The crimes are based on the same act or transaction
or on 2.
AB383,234,5
3(c) The crimes are based on 2 or more acts or transactions connected together
4or constituting parts of a common scheme or plan.
When a misdemeanor is joined
5with a felony, the trial shall be in the court with jurisdiction to try the felony.
AB383,234,11
6(2) Joinder of defendants. Two or more defendants may be charged in the
7same complaint
, information or indictment if they are alleged to have participated
8in the same act or transaction or in the same series of acts or transactions
9constituting one or more crimes. Such defendants may be charged in one or more
10counts together or separately
and all of the defendants need not be charged in each
11count.
AB383,756
12Section
756. 971.12 (3) of the statutes is renumbered 971.68 (2) and amended
13to read:
AB383,234,2114
971.68
(2) Relief from prejudicial joinder. If it appears that a defendant or
15the state is prejudiced by a joinder of crimes or of defendants
in a complaint,
16information or indictment or by such joinder for trial together, the court may order
17separate trials of
counts, grant a severance of charges or defendants or provide
18whatever other relief justice requires.
The district attorney shall advise the court
19prior to trial if the district attorney intends to use the statement of a codefendant
20which implicates another defendant in the crime charged. Thereupon, the judge
21shall grant a severance as to any such defendant.
AB383,757
22Section
757. 971.12 (4) of the statutes is renumbered 971.67 and amended to
23read:
AB383,235,3
24971.67 Trial together Joint trial of separate charges. The court may order
252 or more complaints
, informations or indictments to be tried together if the crimes
1and the defendants, if there is more than one, could have been joined in a single
2complaint
, information or indictment. The procedure shall be the same as if the
3prosecution were under such single complaint
, information or indictment.
AB383,758
4Section
758. 971.13 of the statutes is renumbered 975.30, and 975.30 (3) and
5(4), as renumbered, are amended to read:
AB383,235,96
975.30
(3) The fact that a defendant is not competent to proceed does not
7preclude any legal objection to the prosecution under s.
971.31 which 971.65 that is
8susceptible of fair determination prior to trial and without the personal participation
9of the defendant.
AB383,235,14
10(4) The fact that a defendant is not competent to proceed does not preclude a
11hearing under s.
968.38 968.725 (4) or (5) unless the
court cannot fairly make the 12probable cause finding required
to be made at the hearing cannot be fairly made 13under s. 968.725 (4) or (5), whichever is applicable, without the personal
14participation of the defendant.
AB383,759
15Section
759. 971.14 (title) of the statutes is repealed.
AB383,760
16Section
760. 971.14 (1g) of the statutes is repealed.
AB383,761
17Section
761. 971.14 (1r) (title) of the statutes is repealed.
AB383,762
18Section
762. 971.14 (1r) (a) of the statutes is renumbered 975.31 (1).
AB383,763
19Section
763. 971.14 (1r) (b) of the statutes is renumbered 975.31 (3) and
20amended to read:
AB383,235,2521
975.31
(3) If reason to doubt
a defendant's competency
to proceed arises after
22the defendant has been bound over for trial after a preliminary examination, or after 23a finding of
guilty has been rendered by the jury or made by the court, a guilt, no
24probable cause
determination shall not be finding is required and the court shall
25proceed order an examination of the defendant under
sub. (2) s. 975.32.
AB383,764
1Section
764. 971.14 (1r) (c) of the statutes is repealed.
AB383,765
2Section
765. 971.14 (2) (title) of the statutes is repealed.
AB383,766
3Section
766. 971.14 (2) (a) of the statutes is renumbered 975.32 (1) and
4amended to read:
AB383,236,155
975.32
(1) If an examination of a defendant is required under s. 975.31, the
6court shall order an examination into competency. The court
shall may order the
7department to conduct the examination or may appoint one or more examiners
8having the specialized knowledge determined by the court to be appropriate to
9examine and report upon the condition of the defendant. If
an inpatient examination
10is determined by the court to be necessary, the defendant may be committed to a
11suitable mental health facility for the examination period specified in par. (c), which
12shall be deemed days spent in custody under s. 973.155. If the examination is to be
13conducted by the department, the court shall order the individual to the facility
14designated by the department the court orders the department to conduct an
15examination, the department may select the examiner.
AB383,767
16Section
767. 971.14 (2) (am) of the statutes is repealed.
AB383,768
17Section
768. 971.14 (2) (b) of the statutes is renumbered 975.32 (3) and
18amended to read:
AB383,236,2419
975.32
(3) If the defendant has been released
on bail from custody, the court
20shall order an outpatient examination, except that the court may
not order an
21involuntary inpatient examination
unless if the defendant
consents to an inpatient
22examination, the defendant fails to cooperate in
the an outpatient examination
, or
23the examiner informs the court that inpatient observation is necessary for an
24adequate examination.
AB383,769
1Section
769. 971.14 (2) (c) of the statutes is renumbered 975.32 (6) (a) and
2amended to read:
AB383,237,133
975.32
(6) (a)
Inpatient examinations shall be completed and the report of
4examination filed An examiner ordered to conduct an inpatient examination under
5this section shall complete the examination and file a report of the examination
6within 15 days after the examination is ordered or
as specified in par. (am),
7whichever is applicable, unless, for good cause, the facility or examiner appointed by
8the court cannot complete the examination within this period and requests an
9extension. In that case, if the department is the examiner, within 15 days after the
10defendant arrives at the inpatient facility. If the examiner cannot complete the
11examination within 15 days and requests an extension, the court may
for good cause 12allow one 15-day extension of the examination period.
Outpatient examinations
13shall be completed and the report of examination filed
AB383,237,16
14(b) An examiner ordered to conduct an outpatient examination under this
15section shall complete the examination and file a report of the examination within
1630 days after the examination is ordered.
AB383,770
17Section
770. 971.14 (2) (d) of the statutes is renumbered 975.32 (5) and
18amended to read:
AB383,238,319
975.32
(5) If
the court orders that the examination be conducted on an inpatient
20basis a defendant in custody is subject to an inpatient examination ordered under
21this section, the sheriff of the county in which the court
that ordered the examination 22is located shall transport
any the defendant
not free on bail to the
examining facility
23where the examination will take place within a reasonable time after the
24examination is ordered and shall
transport return the defendant
to the jail within
25a reasonable time after the
examination is completed. The examining facility shall
1notify the sheriff and
county the department of community programs
of for the
2county
in which the court is located receive notice from the examining facility that 3when the examination
has been is completed.
AB383,771
4Section
771. 971.14 (2) (e) of the statutes is renumbered 975.32 (8) and
5amended to read:
AB383,238,86
975.32
(8) The An examiner shall personally observe and examine the
7defendant and shall have access to
his or her the defendant's past
or and present
8treatment records, as defined under s. 51.30 (1) (b).
AB383,772
9Section
772. 971.14 (2) (f) of the statutes is renumbered 975.32 (9).
AB383,773
10Section
773. 971.14 (2) (g) of the statutes is renumbered 975.32 (11) and
11amended to read:
AB383,238,1812
975.32
(11) The defendant
also may be examined for competency purposes at
13any stage of the competency proceedings by
physicians or other experts
designated
14by the court or chosen by the defendant or
by the district attorney, who shall be
15permitted reasonable access to the defendant for purposes of the examination.
Any
16party who intends to call an expert designated or chosen under this subsection as a
17witness shall furnish a copy of the expert's report to the opposing party within a
18reasonable period of time.
AB383,774
19Section
774. 971.14 (3) (intro.) of the statutes is renumbered 975.33 (1) (intro.)
20and amended to read:
AB383,238,2321
975.33
(1) Report Contents. (intro.)
The Each court-appointed examiner
22shall submit to the court a written report
which shall include that includes all of the
23following:
AB383,775
24Section
775. 971.14 (3) (a) and (b) of the statutes are renumbered 975.33 (1)
25(a) and (b).
AB383,776
1Section
776. 971.14 (3) (c) of the statutes is renumbered 975.33 (1) (c) and
2amended to read:
AB383,239,43
975.33
(1) (c) The examiner's opinion regarding the defendant's present mental
4capacity to understand the
criminal proceedings and assist in his or her defense.
AB383,777
5Section
777. 971.14 (3) (d) of the statutes is renumbered 975.33 (1) (d) (intro.)
6and amended to read:
AB383,239,87
975.33
(1) (d) (intro.) If the examiner reports that the defendant
lacks
8competency, the is not competent to proceed, all of the following:
AB383,239,12
91. The examiner's opinion regarding the likelihood that the defendant, if
10provided treatment, may
be restored to competency
become competent within the
11time maximum period
permitted under sub. (5) (a). The examiner shall provide an 12of commitment, as defined in s. 975.34 (6) (a).
AB383,239,17
132. The examiner's opinion as to whether
the defendant's treatment should
14occur be provided in an inpatient facility designated by the department, in a
15community-based treatment program under the supervision of the department, or
16in a jail or a locked unit of a facility that has entered into a voluntary agreement with
17the state to serve as a location for treatment.
AB383,778
18Section
778. 971.14 (3) (dm) (intro.) of the statutes is renumbered 975.33 (1)
19(e) and amended to read:
AB383,240,220
975.33
(1) (e) If sufficient information is available to the examiner to reach an
21opinion, the examiner's opinion on whether the defendant needs medication or
22treatment and whether the defendant is not competent to refuse medication or
23treatment.
The defendant is not competent to refuse medication or treatment if,
24because of mental illness, developmental disability, alcoholism or drug dependence,
25and after the advantages and disadvantages of and alternatives to accepting the
1particular medication or treatment have been explained to the defendant, one of the
2following is true:
AB383,779
3Section
779. 971.14 (3) (dm) 1. and 2. of the statutes are repealed.
AB383,780
4Section
780. 971.14 (3) (e) of the statutes is renumbered 975.33 (1) (g) and
5amended to read:
AB383,240,76
975.33
(1) (g) The facts and reasoning, in reasonable detail, upon which the
7required findings and opinions
under pars. (b) to (dm) are based.
AB383,781
8Section
781. 971.14 (4) (title) of the statutes is repealed.
AB383,782
9Section
782. 971.14 (4) (a) of the statutes is renumbered 975.33 (2) and
10amended to read:
AB383,240,2211
975.33
(2) Disclosure. The court shall cause copies of the
examiner's report
12to be delivered
forthwith immediately to the district attorney and
the defense
13counsel, to the defendant's attorney or the defendant personally if not represented
14by counsel. Upon the request of the sheriff or jailer charged with care and control
15of the jail in which the defendant is being held pending or during a trial or sentencing
16proceeding, the court shall cause a copy of the report to be delivered to the sheriff or
17jailer. The sheriff or jailer may provide a copy of the report to the person who is
18responsible for maintaining medical records for inmates of the jail, or to a nurse
19licensed under ch. 441, or to a physician or physician assistant licensed under subch.
20II of ch. 448 who is a health care provider for the defendant or who is responsible for
21providing health care services to inmates of the jail. The report shall not be otherwise
22disclosed
prior to before the hearing under
this subsection s. 975.34.
AB383,783
23Section
783. 971.14 (4) (b) of the statutes is repealed.
AB383,784
24Section
784. 971.14 (4) (c) of the statutes is repealed.
AB383,785
25Section
785. 971.14 (4) (d) of the statutes is repealed.
AB383,786
1Section
786. 971.14 (5) (title) of the statutes is repealed.
AB383,787
2Section
787. 971.14 (5) (a) 1., 2. and 3. of the statutes are renumbered 975.34
3(7) (a), (b) and (c) and amended to read: