AB383: Bill Text

AB383,755 Section 755. 971.12 (1) and (2) of the statutes are renumbered 970.13 (1) (intro.) and (2) and amended to read:

AB383,233,25 970.13 (1) Joinder of crimes. (intro.) Two or more crimes may be charged in the same complaint, information or indictment in a separate count for each crime if the crimes charged, whether felonies or misdemeanors, or both, if each is described in a separate count and if any of the following applies:

AB383,234,1 (a) The crimes are of the same or similar character or.

AB383,234,2 (b) The crimes are based on the same act or transaction or on 2.

AB383,234,5 (c) The crimes are based on 2 or more acts or transactions connected together or constituting parts of a common scheme or plan. When a misdemeanor is joined with a felony, the trial shall be in the court with jurisdiction to try the felony.

AB383,234,11 (2) Joinder of defendants. Two or more defendants may be charged in the same complaint, information or indictment if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting one or more crimes. Such defendants may be charged in one or more counts together or separately and all of the defendants need not be charged in each count.

AB383,756 Section 756. 971.12 (3) of the statutes is renumbered 971.68 (2) and amended to read:

AB383,234,21 971.68 (2) Relief from prejudicial joinder. If it appears that a defendant or the state is prejudiced by a joinder of crimes or of defendants in a complaint, information or indictment or by such joinder for trial together, the court may order separate trials of counts, grant a severance of charges or defendants or provide whatever other relief justice requires. The district attorney shall advise the court prior to trial if the district attorney intends to use the statement of a codefendant which implicates another defendant in the crime charged. Thereupon, the judge shall grant a severance as to any such defendant.

AB383,757 Section 757. 971.12 (4) of the statutes is renumbered 971.67 and amended to read:

AB383,235,3 971.67 Trial together Joint trial of separate charges. The court may order 2 or more complaints, informations or indictments to be tried together if the crimes and the defendants, if there is more than one, could have been joined in a single complaint, information or indictment. The procedure shall be the same as if the prosecution were under such single complaint, information or indictment.

AB383,758 Section 758. 971.13 of the statutes is renumbered 975.30, and 975.30 (3) and (4), as renumbered, are amended to read:

AB383,235,9 975.30 (3) The fact that a defendant is not competent to proceed does not preclude any legal objection to the prosecution under s. 971.31 which 971.65 that is susceptible of fair determination prior to trial and without the personal participation of the defendant.

AB383,235,14 (4) The fact that a defendant is not competent to proceed does not preclude a hearing under s. 968.38 968.725 (4) or (5) unless the court cannot fairly make the probable cause finding required to be made at the hearing cannot be fairly made under s. 968.725 (4) or (5), whichever is applicable, without the personal participation of the defendant.

AB383,759 Section 759. 971.14 (title) of the statutes is repealed.

AB383,760 Section 760. 971.14 (1g) of the statutes is repealed.

AB383,761 Section 761. 971.14 (1r) (title) of the statutes is repealed.

AB383,762 Section 762. 971.14 (1r) (a) of the statutes is renumbered 975.31 (1).

AB383,763 Section 763. 971.14 (1r) (b) of the statutes is renumbered 975.31 (3) and amended to read:

AB383,235,25 975.31 (3) If reason to doubt a defendant's competency to proceed arises after the defendant has been bound over for trial after a preliminary examination, or after a finding of guilty has been rendered by the jury or made by the court, a guilt, no probable cause determination shall not be finding is required and the court shall proceed order an examination of the defendant under sub. (2) s. 975.32.

AB383,764 Section 764. 971.14 (1r) (c) of the statutes is repealed.

AB383,765 Section 765. 971.14 (2) (title) of the statutes is repealed.

AB383,766 Section 766. 971.14 (2) (a) of the statutes is renumbered 975.32 (1) and amended to read:

AB383,236,15 975.32 (1) If an examination of a defendant is required under s. 975.31, the court shall order an examination into competency. The court shall may order the department to conduct the examination or may appoint one or more examiners having the specialized knowledge determined by the court to be appropriate to examine and report upon the condition of the defendant. If an inpatient examination is determined by the court to be necessary, the defendant may be committed to a suitable mental health facility for the examination period specified in par. (c), which shall be deemed days spent in custody under s. 973.155. If the examination is to be conducted by the department, the court shall order the individual to the facility designated by the department the court orders the department to conduct an examination, the department may select the examiner.

AB383,767 Section 767. 971.14 (2) (am) of the statutes is repealed.

AB383,768 Section 768. 971.14 (2) (b) of the statutes is renumbered 975.32 (3) and amended to read:

AB383,236,24 975.32 (3) If the defendant has been released on bail from custody, the court shall order an outpatient examination, except that the court may not order an involuntary inpatient examination unless if the defendant consents to an inpatient examination, the defendant fails to cooperate in the an outpatient examination, or the examiner informs the court that inpatient observation is necessary for an adequate examination.

AB383,769 Section 769. 971.14 (2) (c) of the statutes is renumbered 975.32 (6) (a) and amended to read:

AB383,237,13 975.32 (6) (a) Inpatient examinations shall be completed and the report of examination filed An examiner ordered to conduct an inpatient examination under this section shall complete the examination and file a report of the examination within 15 days after the examination is ordered or as specified in par. (am), whichever is applicable, unless, for good cause, the facility or examiner appointed by the court cannot complete the examination within this period and requests an extension. In that case, if the department is the examiner, within 15 days after the defendant arrives at the inpatient facility. If the examiner cannot complete the examination within 15 days and requests an extension, the court may for good cause allow one 15-day extension of the examination period. Outpatient examinations shall be completed and the report of examination filed

AB383,237,16 (b) An examiner ordered to conduct an outpatient examination under this section shall complete the examination and file a report of the examination within 30 days after the examination is ordered.

AB383,770 Section 770. 971.14 (2) (d) of the statutes is renumbered 975.32 (5) and amended to read:

AB383,238,3 975.32 (5) If the court orders that the examination be conducted on an inpatient basis a defendant in custody is subject to an inpatient examination ordered under this section, the sheriff of the county in which the court that ordered the examination is located shall transport any the defendant not free on bail to the examining facility where the examination will take place within a reasonable time after the examination is ordered and shall transport return the defendant to the jail within a reasonable time after the examination is completed. The examining facility shall notify the sheriff and county the department of community programs of for the county in which the court is located receive notice from the examining facility that when the examination has been is completed.

AB383,771 Section 771. 971.14 (2) (e) of the statutes is renumbered 975.32 (8) and amended to read:

AB383,238,8 975.32 (8) The An examiner shall personally observe and examine the defendant and shall have access to his or her the defendant's past or and present treatment records, as defined under s. 51.30 (1) (b).

AB383,772 Section 772. 971.14 (2) (f) of the statutes is renumbered 975.32 (9).

AB383,773 Section 773. 971.14 (2) (g) of the statutes is renumbered 975.32 (11) and amended to read:

AB383,238,18 975.32 (11) The defendant also may be examined for competency purposes at any stage of the competency proceedings by physicians or other experts designated by the court or chosen by the defendant or by the district attorney, who shall be permitted reasonable access to the defendant for purposes of the examination. Any party who intends to call an expert designated or chosen under this subsection as a witness shall furnish a copy of the expert's report to the opposing party within a reasonable period of time.

AB383,774 Section 774. 971.14 (3) (intro.) of the statutes is renumbered 975.33 (1) (intro.) and amended to read:

AB383,238,23 975.33 (1) Report Contents. (intro.) The Each court-appointed examiner shall submit to the court a written report which shall include that includes all of the following:

AB383,775 Section 775. 971.14 (3) (a) and (b) of the statutes are renumbered 975.33 (1) (a) and (b).

AB383,776 Section 776. 971.14 (3) (c) of the statutes is renumbered 975.33 (1) (c) and amended to read:

AB383,239,4 975.33 (1) (c) The examiner's opinion regarding the defendant's present mental capacity to understand the criminal proceedings and assist in his or her defense.

AB383,777 Section 777. 971.14 (3) (d) of the statutes is renumbered 975.33 (1) (d) (intro.) and amended to read:

AB383,239,8 975.33 (1) (d) (intro.) If the examiner reports that the defendant lacks competency, the is not competent to proceed, all of the following:

AB383,239,12 1. The examiner's opinion regarding the likelihood that the defendant, if provided treatment, may be restored to competency become competent within the time maximum period permitted under sub. (5) (a). The examiner shall provide an of commitment, as defined in s. 975.34 (6) (a).

AB383,239,17 2. The examiner's opinion as to whether the defendant's treatment should occur be provided in an inpatient facility designated by the department, in a community-based treatment program under the supervision of the department, or in a jail or a locked unit of a facility that has entered into a voluntary agreement with the state to serve as a location for treatment.

AB383,778 Section 778. 971.14 (3) (dm) (intro.) of the statutes is renumbered 975.33 (1) (e) and amended to read:

AB383,240,2 975.33 (1) (e) If sufficient information is available to the examiner to reach an opinion, the examiner's 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:

AB383,779 Section 779. 971.14 (3) (dm) 1. and 2. of the statutes are repealed.

AB383,780 Section 780. 971.14 (3) (e) of the statutes is renumbered 975.33 (1) (g) and amended to read:

AB383,240,7 975.33 (1) (g) The facts and reasoning, in reasonable detail, upon which the required findings and opinions under pars. (b) to (dm) are based.

AB383,781 Section 781. 971.14 (4) (title) of the statutes is repealed.

AB383,782 Section 782. 971.14 (4) (a) of the statutes is renumbered 975.33 (2) and amended to read:

AB383,240,22 975.33 (2) Disclosure. The court shall cause copies of the examiner's report to be delivered forthwith immediately to the district attorney and the defense counsel, to the defendant's attorney or the defendant personally if not represented by counsel. Upon the request of the sheriff or jailer charged with care and control of the jail in which the defendant is being held pending or during a trial or sentencing proceeding, the court shall cause a copy of the report to be delivered to the sheriff or jailer. The sheriff or jailer may provide a copy of the report to the person who is responsible for maintaining medical records for inmates of the jail, or to a nurse licensed under ch. 441, or to a physician or physician assistant licensed under subch. II of ch. 448 who is a health care provider for the defendant or who is responsible for providing health care services to inmates of the jail. The report shall not be otherwise disclosed prior to before the hearing under this subsection s. 975.34.

AB383,783 Section 783. 971.14 (4) (b) of the statutes is repealed.

AB383,784 Section 784. 971.14 (4) (c) of the statutes is repealed.

AB383,785 Section 785. 971.14 (4) (d) of the statutes is repealed.

AB383,786 Section 786. 971.14 (5) (title) of the statutes is repealed.

AB383,787 Section 787. 971.14 (5) (a) 1., 2. and 3. of the statutes are renumbered 975.34 (7) (a), (b) and (c) and amended to read:

AB383,241,17 975.34 (7) (a) If the court determines that the defendant is not competent but is likely to become competent within the period specified in this paragraph if provided with appropriate treatment sub. (6) (b) 3. applies, the court shall suspend the proceedings and commit the defendant to the custody of the department for treatment for a period not to exceed 12 months, or the maximum sentence specified for the most serious offense with which the defendant is charged, whichever is less the maximum period of commitment, as defined in sub. (6) (a). The department shall determine whether the defendant will receive treatment in an appropriate institution designated by the department, while under the supervision of the department in a community-based treatment program under contract with the department, or in a jail or a locked unit of a facility that has entered into a voluntary agreement with the state to serve as a location for treatment. The sheriff shall transport the defendant to the institution, program, jail, or facility, as determined by the department.

AB383,241,23 (b) If, under subd. 1. par. (a), the department commences services treatment to a defendant in jail or in a locked unit, the department shall, as soon as possible, transfer the defendant to an institution or provide services treatment to the defendant in a community-based treatment program consistent with this subsection. The court shall order a defendant who is committed under this subsection to undergo periodic reexaminations as provided in s. 975.36.

AB383,242,2 (c) Days spent in commitment under this paragraph subsection are considered days spent in custody under s. 973.155. The court shall make and enter a specific finding of the number of days spent in custody and include that finding in the commitment order.

AB383,788 Section 788 . 971.14 (5) (a) 4. of the statutes is renumbered 975.34 (7) (d) and amended to read:

AB383,242,14 975.34 (7) (d) A defendant under the supervision of the department placed under this paragraph subsection in a community-based treatment program is in the custody and control of the department, subject to any conditions set by the department. If the department believes that the defendant under supervision has violated a condition, or that permitting the defendant to remain in the community jeopardizes the safety of the defendant or another person, the department may designate an institution at which the treatment shall occur and may request that the court reinstate the proceedings, order the defendant transported by the sheriff to the designated institution, and suspend proceedings commit the defendant to custody consistent with subd. 1. par. (a).

AB383,789 Section 789. 971.14 (5) (am) of the statutes is renumbered 975.35 and amended to read:

AB383,243,17 975.35 Post-commitment motion on capacity to refuse medication or treatment. If the a defendant committed under s. 975.34 (7) is not subject to a court order determining finding the defendant to be not competent to refuse medication or treatment for the defendant's mental condition and if the department determines that the defendant should be subject to such a court order, the department may file a motion with the court, with notice to the counsel for the defendant, the defendant, and the district attorney, a motion for a hearing, under the standard specified in sub. (3) (dm), on to determine whether the defendant is not competent to refuse medication or treatment. A report on which the motion is based shall accompany the motion and notice of motion and shall include a statement The department shall submit with the motion a report that is based on an examination of the defendant by a licensed physician, that is signed by a licensed physician, and that asserts that the defendant needs medication or treatment and that the defendant is not competent to refuse medication or treatment, based on an examination of the defendant by a licensed physician. The department shall provide notice of any motion filed under this section, and a copy of the report submitted with the motion, to the defendant, the defendant's attorney, and the district attorney. Within 10 days after the department files a motion is filed under this paragraph section, the court shall, under the procedures and standards specified in sub. (4) (b), hold a hearing without a jury to determine whether the defendant's competency defendant is not competent to refuse medication or treatment for the defendant's mental condition. At the hearing, the department must prove by clear and convincing evidence that the defendant is not competent to refuse medication or treatment. At the request of the defendant, the defendant's counsel attorney, or the district attorney, the hearing may be postponed, but in no case may the postponed hearing be held more than 20 days after a motion is filed under this paragraph section.

AB383,790 Section 790 . 971.14 (5) (b) of the statutes is renumbered 975.36 (1) and amended to read:

AB383,244,17 975.36 (1) Reexamination time limits. The defendant department shall be periodically reexamined by the department examiners. Written reports of examination shall be furnished to the court reexamine a defendant who remains committed under s. 975.34 (7), and at 3 months after commitment, 6 months after commitment, and 9 months after commitment and within 30 days prior to before the expiration of the commitment. Each order shall submit a written report to the court on the defendant's mental condition. In each report, the department shall indicate either that whether the defendant has become competent, that the defendant remains incompetent but that attainment of competency to proceed and, if the defendant has not become competent, whether the defendant is likely to become competent within the remaining commitment period, or that the defendant has not made such progress that attainment of competency is likely within the remaining commitment period. Any report indicating such a lack of sufficient progress shall include the examiner's opinion regarding whether the defendant is mentally ill, alcoholic, drug dependent, developmentally disabled or infirm because of aging or other like incapacities. If the defendant is not likely to become competent within the remaining commitment period, the department shall also report whether the defendant meets the criteria for commitment under ch. 51 or 55. The court shall schedule a date certain for the review of the reports. If the department indicates in the report that the defendant has become competent or that the defendant is not competent and is unlikely to become competent within the remaining commitment period, the court shall hold the review within 14 days after the court receives the report.

AB383,791 Section 791. 971.14 (5) (c) of the statutes is renumbered 975.36 (3) and amended to read:

AB383,245,3 975.36 (3) Determining competency. Upon receiving a report under par. (b) indicating the defendant has regained competency or is not competent and unlikely to become competent in the remaining commitment period, the court shall hold a hearing within 14 days of receipt of the report and sub. (1) or (2), the court shall proceed under sub. (4) s. 975.34. If the court determines that the defendant has become competent, the defendant shall be discharged from commitment and the criminal proceeding shall be resumed. If the court determines that the defendant is making sufficient progress toward becoming competent, the commitment shall continue.

AB383,792 Section 792. 971.14 (5) (d) of the statutes is renumbered 975.36 (5) and amended to read:

AB383,245,9 975.36 (5) Medication to maintain competency. If the defendant is receiving medication, the court may make appropriate orders for the continued administration of the medication in order to maintain the competence of the defendant for the duration of the proceedings.

AB383,245,13 (6) Subsequent incompetency. If a defendant who has been restored to competency thereafter again becomes incompetent, the maximum commitment period under par. (a) s. 975.34 (6) shall be 18 months minus the days spent in previous commitments under this subsection s. 975.34, or 12 months, whichever is less.

AB383,793 Section 793. 971.14 (6) (title) of the statutes is repealed.

AB383,794 Section 794. 971.14 (6) (a) of the statutes is repealed.

AB383,795 Section 795. 971.14 (6) (b) of the statutes is renumbered 975.38 (1) and amended to read:

AB383,246,14 975.38 (1) When the court finds under s. 975.34 (6) (b) 1. that a defendant is not likely to become competent, or discharges a defendant from commitment under par. (a) s. 975.36 (4), it may order that the defendant be taken immediately into custody by a law enforcement official and promptly delivered to a facility specified in s. 51.15 (2), an approved public treatment facility under s. 51.45 (2) (c), or an appropriate medical or protective placement facility. Thereafter, detention of the defendant shall be governed by s. 51.15, 51.45 (11), or 55.135, as appropriate. The district attorney or corporation counsel may prepare a statement meeting that satisfies the requirements of s. 51.15 (4) or (5), 51.45 (13) (a), or 55.135 based on the allegations of the criminal complaint and the evidence in the case. This statement shall be given If an attorney prepares such a statement, he or she shall provide a copy of the statement to the director of the facility to which the defendant is delivered and filed file the statement with the branch of circuit court assigned to exercise criminal jurisdiction in the county in which the criminal charges are pending , where it shall. The filed statement shall suffice, without corroboration by other petitioners, as a petition for commitment under s. 51.20 or 51.45 (13) or a petition for protective placement under s. 55.075. This section subsection does not restrict the power of the branch of circuit court in which the petition statement is filed to transfer the matter to the branch of circuit court assigned to exercise jurisdiction under ch. 51 in the county. Days spent in commitment or protective placement pursuant to a petition under this paragraph shall not be deemed subsection do not count as days spent in custody under s. 973.155.

AB383,796 Section 796. 971.14 (6) (c) of the statutes is renumbered 975.38 (2) and amended to read:

AB383,247,2 975.38 (2) If a person defendant is committed under s. 51.20 pursuant to a petition under par. (b) sub. (1), the county department under s. 51.42 or 51.437 to whose care and custody the person defendant is committed shall notify the court which that released the defendant under s. 975.34 (6) (b) 1. or discharged the person defendant under par. (a) s. 975.36 (4), the district attorney for the county in which that court is located, and the person's defendant's attorney of record in the prior suspended criminal proceeding at least 14 days prior to before transferring or discharging the defendant from an inpatient treatment facility and at least 14 days prior to before the expiration of the order of commitment or any subsequent consecutive order, unless the department or county department or the department of health services has applied for an extension of the order.

AB383,797 Section 797. 971.14 (6) (d) of the statutes is renumbered 975.38 (3) and amended to read:

AB383,247,17 975.38 (3) Counsel who have received receive notice under par. (c) sub. (2) or who otherwise obtain information that a defendant released under s. 975.34 (6) (b) 1. or discharged under par. (a) s. 975.36 (4) may have become competent to proceed in a criminal case may move the court to order that the defendant undergo a competency examination under sub. (2) s. 975.32. If the court so orders, a report shall be filed under sub. (3) and a hearing held under sub. (4) orders an examination under s. 975.32, the examiner shall file a report under s. 975.33 and the court shall proceed under s. 975.34. If the court determines that the defendant is competent to proceed, the court shall resume the criminal proceeding shall be resumed. If the court determines that the defendant is not competent to proceed, it shall release him or her the defendant but may impose such reasonable nonmonetary conditions as will on the defendant to protect the public and enable the court and district attorney to discover whether the person defendant subsequently becomes competent.

AB383,798 Section 798. 971.15 of the statutes is renumbered 975.50, and 975.50 (2), as renumbered, is amended to read:

AB383,247,22 975.50 (2) As used in this chapter, the terms term "mental disease or defect" do does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.

AB383,799 Section 799. 971.16 (title) of the statutes is renumbered 975.51 (title).

AB383,800 Section 800. 971.16 (1) of the statutes is repealed.

AB383,801 Section 801. 971.16 (2) of the statutes is renumbered 975.51 (1) and amended to read:

AB383,248,11 975.51 (1) If the a defendant has entered enters a plea of not guilty by reason of mental disease or defect or there is other reason to believe that the defendant has a mental disease or defect of the defendant will otherwise that will become an issue in the case, the court may appoint at least one physician or at least one psychologist, but and not more than 3 physicians or psychologists or a combination thereof, to examine the defendant and to testify at the trial. If the court appoints a physician or psychologist under this section, the court shall inform the jury, if there is one, that the court appointed the physician or psychologist and shall permit both parties to cross-examine the physician or psychologist.

AB383,248,15 (2) (a) The compensation of the physicians or psychologists shall be fixed by the court and paid by court shall set the fee for an examination conducted by a physician or psychologist appointed under sub. (1) and the county, upon the order of the court, shall pay the fee as part of the costs of the action. The receipt by any

AB383,248,24 (b) A physician or psychologist summoned under this section of any other compensation than that so fixed by the court and paid by the county, or the offer or promise by any person to pay such other compensation, is unlawful and may not accept compensation other than the fee under par. (a), for conducting an examination under sub. (1) and no person may offer or promise to pay the physician or psychologist other compensation for the examination. Violation of this paragraph is punishable as contempt of court. The fact that the physician or psychologist has been appointed by the court shall be made known to the jury and the physician or psychologist shall be subject to cross-examination by both parties.

AB383,802 Section 802. 971.16 (3) (intro.) of the statutes is renumbered 975.51 (3) and amended to read: