AB383,793
14Section
793. 971.14 (6) (title) of the statutes is repealed.
AB383,794
15Section
794. 971.14 (6) (a) of the statutes is repealed.
AB383,795
16Section
795. 971.14 (6) (b) of the statutes is renumbered 975.38 (1) and
17amended to read:
AB383,246,1418
975.38
(1) When the court
finds under s. 975.34 (6) (b) 1. that a defendant is
19not likely to become competent, or discharges a defendant from commitment under
20par. (a) s. 975.36 (4), it may order that the defendant be taken immediately into
21custody by a law enforcement official and promptly delivered to a facility specified
22in s. 51.15 (2), an approved public treatment facility under s. 51.45 (2) (c), or an
23appropriate medical or protective placement facility. Thereafter, detention of the
24defendant shall be governed by s. 51.15, 51.45 (11), or 55.135, as appropriate. The
25district attorney or corporation counsel may prepare a statement
meeting that
1satisfies the requirements of s. 51.15 (4) or (5), 51.45 (13) (a), or 55.135 based on the
2allegations of the criminal complaint and the evidence in the case.
This statement
3shall be given If an attorney prepares such a statement, he or she shall provide a copy
4of the statement to the director of the facility to which the defendant is delivered and
5filed file the statement with the branch of
circuit court assigned to exercise criminal
6jurisdiction in the county in which the criminal charges are pending
, where it shall.
7The filed statement shall suffice, without corroboration by other petitioners, as a
8petition for commitment under s. 51.20 or 51.45 (13) or a petition for protective
9placement under s. 55.075. This
section subsection does not restrict the power of the
10branch of
circuit court in which the
petition statement is filed to transfer the matter
11to the branch of
circuit court assigned to exercise jurisdiction under ch. 51 in the
12county. Days spent in commitment or protective placement pursuant to a petition
13under this
paragraph shall not be deemed subsection do not count as days spent in
14custody under s. 973.155.
AB383,796
15Section
796. 971.14 (6) (c) of the statutes is renumbered 975.38 (2) and
16amended to read:
AB383,247,217
975.38
(2) If a
person defendant is committed under s. 51.20 pursuant to a
18petition under
par. (b) sub. (1), the county department under s. 51.42 or 51.437 to
19whose care and custody the
person defendant is committed shall notify the court
20which that released the defendant under s. 975.34 (6) (b) 1. or discharged the
person 21defendant under
par. (a) s. 975.36 (4), the district attorney for the county in which
22that court is located
, and the
person's defendant's attorney of record in the
prior 23suspended criminal proceeding at least 14 days
prior to before transferring or
24discharging the defendant from an inpatient treatment facility and at least 14 days
25prior to before the expiration of the order of commitment or any subsequent
1consecutive order, unless the
department or county department
or the department
2of health services has applied for an extension
of the order.
AB383,797
3Section
797. 971.14 (6) (d) of the statutes is renumbered 975.38 (3) and
4amended to read:
AB383,247,175
975.38
(3) Counsel who
have received
receive notice under
par. (c) sub. (2) or
6who otherwise obtain information that a defendant
released under s. 975.34 (6) (b)
71. or discharged under
par. (a) s. 975.36 (4) may have become competent
to proceed
8in a criminal case may move the court to order that the defendant undergo a
9competency examination under
sub. (2) s. 975.32. If the court
so orders, a report shall
10be filed under sub. (3) and a hearing held under sub. (4) orders an examination under
11s. 975.32, the examiner shall file a report under s. 975.33 and the court shall proceed
12under s. 975.34. If the court determines that the defendant is competent
to proceed,
13the
court shall resume the criminal proceeding
shall be resumed. If the court
14determines that the defendant is not competent
to proceed, it shall release
him or her 15the defendant but may impose
such reasonable nonmonetary conditions
as will on
16the defendant to protect the public and enable the court and district attorney to
17discover whether the
person defendant subsequently becomes competent.
AB383,798
18Section
798. 971.15 of the statutes is renumbered 975.50, and 975.50 (2), as
19renumbered, is amended to read:
AB383,247,2220
975.50
(2) As used in this chapter, the
terms term "mental disease or defect"
21do does not include an abnormality manifested only by repeated criminal or
22otherwise antisocial conduct.
AB383,799
23Section
799. 971.16 (title) of the statutes is renumbered 975.51 (title).
AB383,800
24Section
800. 971.16 (1) of the statutes is repealed.
AB383,801
1Section
801. 971.16 (2) of the statutes is renumbered 975.51 (1) and amended
2to read:
AB383,248,113
975.51
(1) If
the a defendant
has entered enters a plea of not guilty by reason
4of mental disease or defect or there is
other reason to believe that
the defendant has
5a mental disease or defect
of the defendant will otherwise that will become an issue
6in the case, the court may appoint at least one
physician or at least one psychologist,
7but and not more than 3 physicians or psychologists or
a combination thereof, to
8examine the defendant and to testify at the trial.
If the court appoints a physician
9or psychologist under this section, the court shall inform the jury, if there is one, that
10the court appointed the physician or psychologist and shall permit both parties to
11cross-examine the physician or psychologist.
AB383,248,15
12(2) (a) The
compensation of the physicians or psychologists shall be fixed by the
13court and paid by court shall set the fee for an examination conducted by a physician
14or psychologist appointed under sub. (1) and the county
, upon the order of the court
,
15shall pay the fee as part of the costs of the action.
The receipt by any
AB383,248,24
16(b) A physician or psychologist
summoned under this section of any other
17compensation than that so fixed by the court and paid by the county, or the offer or
18promise by any person to pay such other compensation, is unlawful and may not
19accept compensation other than the fee under par. (a), for conducting an examination
20under sub. (1) and no person may offer or promise to pay the physician or psychologist
21other compensation for the examination. Violation of this paragraph is punishable
22as contempt of court.
The fact that the physician or psychologist has been appointed
23by the court shall be made known to the jury and the physician or psychologist shall
24be subject to cross-examination by both parties.
AB383,802
1Section
802. 971.16 (3) (intro.) of the statutes is renumbered 975.51 (3) and
2amended to read:
AB383,249,223
975.51
(3) Not less than 10 days before trial, or at
any other time that the court
4directs a different time if directed by the court, any physician or psychologist
5appointed under sub.
(2) (1) shall file a
written report of his or her examination of
6the defendant with the
judge, who court, and the court shall cause copies
of the report 7to be transmitted to the district attorney and to
counsel for the defendant. The
8contents of the report shall be confidential until the physician or psychologist has
9testified or at the completion of the trial the defendant's attorney. The report shall
10contain
an the physician's or psychologist's opinion regarding the ability of the
11defendant to appreciate the wrongfulness of the defendant's conduct or to conform
12the defendant's conduct with the requirements of law at the time of the commission
13of the criminal offense charged and, if sufficient information is available to the
14physician or psychologist to reach an opinion, his or her opinion on whether the
15defendant needs medication or treatment and whether the defendant is not
16competent to refuse medication or treatment. The
defendant is not competent to
17refuse medication or treatment if, because of mental illness, developmental
18disability, alcoholism or drug dependence, and after the advantages and
19disadvantages of and alternatives to accepting the particular medication or
20treatment have been explained to the defendant, one of the following is true: contents
21of the report shall be confidential until the physician or psychologist has testified or
22until the completion of the trial.
AB383,803
23Section
803. 971.16 (3) (a) of the statutes is repealed.
AB383,804
24Section
804. 971.16 (3) (b) of the statutes is repealed.
AB383,805
1Section
805. 971.16 (4) of the statutes is renumbered 975.51 (4) (a) and
2amended to read:
AB383,250,173
975.51
(4) (a) If the defendant wishes to be examined by a physician,
4psychologist
, or other expert of his or her
own choice, the examiner shall be permitted
5to have reasonable access to the defendant for the purposes of examination.
No
6testimony An examiner selected by the defendant may not testify at trial regarding
7the mental condition of the defendant
shall be received from a physician,
8psychologist or expert witness summoned by the defendant unless
not less than the
9examiner provides a report of his or her examination of the defendant to the district
10attorney at least 15 days before trial
a report of the examination has been
11transmitted to the district attorney and unless the
prosecution state has been
12afforded an opportunity
, if it requests one within a reasonable time before trial, to
13examine and observe the defendant
if the opportunity has been seasonably
14demanded. The state may summon a physician, psychologist or other expert to
15testify, but that witness shall not give testimony unless not less than 15 days before
16trial a written report of his or her examination of the defendant has been transmitted
17to counsel for the defendant.
AB383,806
18Section
806. 971.16 (5) of the statutes is renumbered 975.51 (5) (a) and
19amended to read:
AB383,251,1320
975.51
(5) (a)
If Except as provided in par. (b), if a physician, psychologist
, or
21other expert who has examined the defendant testifies
concerning regarding the
22defendant's mental condition, he or she shall be permitted to make a statement as
23to the nature of his or her examination, his or her diagnosis of the mental condition
24of the defendant at the time of the commission of the offense charged, his or her
25opinion as to the ability of the defendant to appreciate the wrongfulness of the
1defendant's conduct or to conform to the requirements of law and, if sufficient
2information is available to the physician, psychologist
, or expert to reach an opinion,
3his or her opinion on whether the defendant needs medication or treatment and
4whether the defendant is not competent to refuse medication or treatment
for the
5defendant's mental condition. Testimony concerning the defendant's need for
6medication or treatment and competence to refuse medication or treatment may not
7be presented before the jury that is determining the ability of the defendant to
8appreciate the wrongfulness of his or her conduct or to conform his or her conduct
9with the requirements of law at the time of the commission of the criminal offense
10charged. The physician, psychologist
, or other expert shall be permitted to make an
11explanation
reasonably serving that reasonably serves to clarify his or her diagnosis
12and opinion and may be cross-examined as to any matter bearing on his or her
13competency or credibility or the validity of his or her diagnosis or opinion.
AB383,807
14Section
807. 971.16 (6) of the statutes is renumbered 975.51 (6) and amended
15to read:
AB383,251,1816
975.51
(6) Nothing in this section
shall require the attendance at the trial of
17any requires a physician, psychologist
, or other expert witness
to attend the trial for
18any purpose other than
the giving of to give his or her testimony.
AB383,808
19Section
808. 971.165 (title) of the statutes is renumbered 975.52 (title).
AB383,809
20Section
809. 971.165 (1) of the statutes is renumbered 975.52 (2), and 975.52
21(2) (intro.) and (c) (intro.), 2. and 3., as renumbered, are amended to read:
AB383,251,2422
975.52
(2) Joined with a plea of not guilty. (intro.)
If a defendant
couples joins 23a plea of not guilty with a plea of not guilty by reason of mental disease or defect
, all
24of the following apply:
AB383,252,2
1(c) (intro.) If both pleas are tried to a jury, that jury shall be the same, except
2that
all of the following apply:
AB383,252,53
2. If the jury is discharged prior to reaching a verdict on the 2nd plea, the
4defendant shall not
solely on that account be entitled to a redetermination of the first
5plea and a different jury
of 12 may be selected to determine the 2nd plea only.
AB383,252,96
3. If an appellate court reverses a judgment as to the 2nd plea but not as to the
7first plea and remands for further proceedings, or if the
trial circuit court vacates the
8judgment as to the 2nd plea but not as to the first plea, the 2nd plea may be
9determined by a different jury selected for this purpose.
AB383,810
10Section
810. 971.165 (2) of the statutes is renumbered 975.52 (3) and amended
11to read:
AB383,252,2112
975.52
(3) Informing jury of effect of verdict. If the plea of not guilty by
13reason of mental disease or defect is tried to a jury, the court shall inform the jury
14that the effect of a verdict of not guilty by reason of mental disease or defect is that,
15in lieu of criminal sentence or probation, the defendant will be committed to the
16custody of the department
of health services and
will be placed in an appropriate
17institution unless the court determines that the defendant would not pose a danger
18to himself or herself or to others if released under conditions ordered by the court.
19No A verdict on
the
a plea of not guilty by reason of mental disease or defect
may be 20that is tried by a jury is not valid
or and may not be received unless agreed to by at
21least five-sixths of the jurors.
AB383,811
22Section
811. 971.165 (3) (a) of the statutes is renumbered 975.52 (4) (a) and
23amended to read:
AB383,253,3
1975.52
(4) (a) If a defendant is not found not guilty by reason of mental disease
2or defect, the court shall
enter grant a judgment of conviction
and shall either impose
3or withhold sentence under s.
972.13 (2) 972.28 (1).
AB383,812
4Section
812. 971.165 (3) (b) of the statutes is renumbered 975.52 (4) (b) and
5amended to read:
AB383,253,136
975.52
(4) (b) If a defendant is found not guilty by reason of mental disease or
7defect, the court shall enter a judgment of not guilty by reason of mental disease or
8defect
. The court shall thereupon and proceed under s.
971.17 975.55. A
judgment
9entered under this paragraph is interlocutory to the commitment order entered
10under s.
971.17 and reviewable upon appeal therefrom
975.57 is the final order in
11the case and is appealable as a matter of right under s. 808.03 (1). Upon appeal of
12the commitment order, all properly preserved issues may be raised, including those
13relating to the guilt phase of the trial.
AB383,813
14Section
813. 971.17 (title) of the statutes is renumbered 975.57 (title).
AB383,814
15Section
814. 971.17 (1) of the statutes is renumbered 975.57 (2), and 975.57
16(2) (a) to (d), as renumbered, are amended to read:
AB383,253,2417
975.57
(2) (a)
Felonies committed before July 30, 2002. Except as provided in
18par. (c), when a
defendant person is found not guilty by reason of mental disease or
19mental defect of a felony committed before July 30, 2002, the court shall commit the
20person to the department
of health services for a specified period not exceeding
21two-thirds of the maximum term of imprisonment that could be imposed
under s.
22973.15 (2) against an offender convicted of the same felony
or felonies, including
23imprisonment authorized by any applicable penalty enhancement statutes
, subject
24to the credit provisions of s. 973.155.
AB383,254,9
1(b)
Felonies committed on or after July 30, 2002. Except as provided in par. (c),
2when a
defendant person is found not guilty by reason of mental disease or
mental 3defect of a felony committed on or after July 30, 2002, the court shall commit the
4person to the department
of health services for a specified period not exceeding the
5maximum term of confinement in prison
, plus imprisonment authorized by any
6applicable penalty enhancement statutes, that could be imposed
under ss. 973.01 (2)
7and 973.15 (2) (a) on an offender convicted of the same felony
, plus imprisonment
8authorized by any applicable penalty enhancement statutes, subject to the credit
9provisions of s. 973.155 or felonies.
AB383,254,1310
(c)
Felonies punishable by life imprisonment. If a
defendant person is found not
11guilty by reason of mental disease or
mental defect of a felony that is punishable by
12life imprisonment, the commitment period specified by the court may be life, subject
13to termination under
sub. (5) s. 975.60.
AB383,254,2014
(d)
Misdemeanors. When a
defendant
person is found not guilty by reason of
15mental disease or
mental defect of a misdemeanor, the court shall commit the person
16to the department
of health services for a specified period not exceeding two-thirds
17of the maximum term of imprisonment that could be imposed
under s. 973.15 (2) 18against an offender convicted of the same misdemeanor
or misdemeanors, including
19imprisonment authorized by any applicable penalty enhancement statutes
, subject
20to the credit provisions of s. 973.155.
AB383,815
21Section
815. 971.17 (1g) of the statutes is renumbered 975.53 (1) and amended
22to read:
AB383,255,223
975.53
(1) Notice of restriction on firearm possession. If
the defendant
24under sub. (1) a person is found not guilty of a felony by reason of mental disease or
1defect, the court shall inform the
defendant
person of the requirements and penalties
2under s. 941.29.
AB383,816
3Section
816. 971.17 (1h) of the statutes is renumbered 975.53 (2) and amended
4to read:
AB383,255,85
975.53
(2) Notice of restrictions on possession Possession of body armor. 6If
the defendant under sub. (1) a person is found not guilty of a violent felony, as
7defined in s. 941.291 (1) (b), by reason of mental disease or defect, the court shall
8inform the
defendant person of the requirements and penalties under s. 941.291.
AB383,817
9Section
817. 971.17 (1j) (title) of the statutes is repealed.
AB383,818
10Section
818. 971.17 (1j) (a) of the statutes is renumbered 975.54 (1) (a).
AB383,819
11Section
819. 971.17 (1j) (b) of the statutes is renumbered 975.54 (1) (b) and
12amended to read:
AB383,255,1813
975.54
(1) (b) If a person is found not guilty by reason of mental disease or defect
14of a serious sex offense, the court may, in addition to committing the person to the
15department
of health services under
sub. (1) s. 975.57, place the person on lifetime
16supervision under s. 939.615 if notice concerning lifetime supervision was given to
17the person under s. 973.125 and if the court determines that lifetime supervision of
18the person is necessary to protect the public.
AB383,820
19Section
820. 971.17 (1m) (title) of the statutes is repealed.
AB383,821
20Section
821. 971.17 (1m) (a) of the statutes is renumbered 975.54 (2) and
21amended to read:
AB383,255,2522
975.54
(2) If
the defendant under sub. (1) a person is found not guilty by reason
23of mental disease or defect for a felony or a violation of s. 165.765 (1), 940.225 (3m),
24944.20, or 948.10, the court shall require the person to provide a biological specimen
25to the state crime laboratories for deoxyribonucleic acid analysis.
AB383,822
1Section
822. 971.17 (1m) (b) 1m. a. of the statutes is renumbered 975.54 (3)
2(a) 1. and amended to read:
AB383,256,103
975.54
(3) (a) 1. Except as provided in
subd. 2m. par. (b), if
the defendant under
4sub. (1) a person is found not guilty by reason of mental disease or defect for any
5violation, or for the solicitation, conspiracy, or attempt to commit any violation, of ch.
6940, 944, or 948 or s. 942.08 or 942.09, or ss. 943.01 to 943.15, the court may require
7the
defendant person to comply with the reporting requirements under s. 301.45 if
8the court determines that the underlying conduct was sexually motivated, as defined
9in s. 980.01 (5), and that it would be in the interest of public protection to have the
10defendant person report under s. 301.45.
AB383,823
11Section
823. 971.17 (1m) (b) 1m. b. of the statutes is renumbered 975.54 (3)
12(a) 2. and amended to read:
AB383,256,2013
975.54
(3) (a) 2. If a court under subd.
1m. a. 1. orders a person to comply with
14the reporting requirements under s. 301.45 in connection with a finding of not guilty
15by reason of mental disease or defect for a violation, or the solicitation, conspiracy,
16or attempt to commit a violation, of s. 942.09 and the person was under the age of 21
17when he or she committed the offense, the court may provide that upon termination
18of the commitment order under
sub. (5) s. 975.60 or expiration of the order under
sub.
19(6) s. 975.61 the person be released from the requirement to comply with the
20reporting requirements under s. 301.45.
AB383,824
21Section
824. 971.17 (1m) (b) 2m. of the statutes is renumbered 975.54 (3) (b)
22and amended to read:
AB383,257,723
975.54
(3) (b) If
the defendant under sub. (1) a person is found not guilty by
24reason of mental disease or defect for a violation, or for the solicitation, conspiracy,
25or attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2), or (3), 944.06, 948.02
1(1) or (2), 948.025, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08,
2948.085, 948.095, 948.11 (2) (a) or (am), 948.12, 948.13, or 948.30, of s. 940.302 (2)
3if s. 940.302 (2) (a) 1. b. applies, or of s. 940.30 or 940.31 if the victim was a minor and
4the
defendant person was not the victim's parent, the court shall require the
5defendant person to comply with the reporting requirements under s. 301.45 unless
6the court determines, after a hearing on a motion made by the
defendant person, that
7the
defendant person is not required to comply under s. 301.45 (1m).
AB383,825
8Section
825. 971.17 (1m) (b) 3. of the statutes is renumbered 975.54 (3) (c), and
9975.54 (3) (c) (intro.), 1., 2. and 5., as renumbered, are amended to read:
AB383,257,1210
975.54
(3) (c) (intro.) In determining under
subd. 1m. a. par. (a) 1. whether it
11would be in the interest of public protection to have the
defendant person report
12under s. 301.45, the court may consider any of the following:
AB383,257,1413
1. The ages, at the time of the violation, of the
defendant person and the victim
14of the violation.
AB383,257,1615
2. The relationship between the
defendant person and the victim of the
16violation.
AB383,257,1817
5. The probability that the
defendant person will commit other violations in the
18future.
AB383,826
19Section
826. 971.17 (1m) (b) 4. of the statutes is renumbered 975.54 (3) (d) and
20amended to read:
AB383,257,2321
975.54
(3) (d) If the court orders a
defendant person to comply with the
22reporting requirements under s. 301.45, the court may order the
defendant person 23to continue to comply with the reporting requirements until his or her death.
AB383,827
24Section
827. 971.17 (1m) (b) 5. of the statutes is renumbered 975.54 (3) (e) and
25amended to read:
AB383,258,7
1975.54
(3) (e) If the court orders a
defendant person to comply with the
2reporting requirements under s. 301.45, the clerk
of the court in which the order is
3entered shall promptly forward a copy of the order to the department of corrections.
4If the finding of not guilty by reason of mental disease or defect on which the order
5is based is reversed, set aside
, or vacated, the clerk
of the court shall promptly
6forward to the department of corrections a certificate stating that the finding has
7been reversed, set aside
, or vacated.
AB383,828
8Section
828
. 971.17 (2) (title) of the statutes is repealed.
AB383,829
9Section
829. 971.17 (2) (a) of the statutes is renumbered 975.55 and amended
10to read:
AB383,258,24
11975.55 Disposition of person found not guilty by reason of mental
12disease or defect. The court shall enter an initial commitment order under this
13section pursuant to a hearing held as As soon as practicable after
the entering a 14judgment
of finding a person not guilty by reason of mental disease or
mental defect
15is entered, the court shall hold a dispositional hearing and commit the person to the
16department as provided in s. 975.57. If the court lacks sufficient information to
make
17the determination required by sub. (3) enter a commitment order under s. 975.57 18immediately after trial, it may adjourn the
dispositional hearing
, enter an interim
19order committing the person to the department, and order the department
of health
20services to conduct a predisposition investigation using the procedure
in under s.
21972.15 973.004, or
order a supplementary mental examination
or both, to assist the
22court in framing the commitment order of the person. If the court enters an interim
23commitment order, the person is subject to any conditions set by the court and to the
24rules of the department.
AB383,830
1Section
830. 971.17 (2) (b) of the statutes is renumbered 975.56 (1) and
2amended to read:
AB383,259,103
975.56
(1) If
a the court orders a supplementary mental examination
is
4ordered under
par. (a) s. 975.55, the court may appoint one or more examiners having
5the specialized knowledge determined by the court to be appropriate to
examine and
6report upon the condition of the person. In lieu thereof, conduct an outpatient
7examination of the person or the court may commit the person to an appropriate
8mental health facility for
the period specified in par. (c), which shall an inpatient
9examination. Days spent in a mental health facility for an inpatient examination
10under this subsection count as days spent in custody under s. 973.155.
AB383,831
11Section
831. 971.17 (2) (c) of the statutes is renumbered 975.56 (3) (a) and
12amended to read:
AB383,259,1813
975.56
(3) (a) An examiner
ordered to conduct an inpatient examination under
14this section shall complete
an inpatient the examination
under par. (b) and file
the 15a report
of the examination within 15 days after the examination is ordered
unless,
16for good cause,. If the examiner cannot complete the examination
within 15 days and
17requests an extension
. In that case, the court may
for good cause allow one 15-day
18extension of the examination period.
AB383,259,21
19(b) An examiner
ordered to conduct an outpatient examination under this
20section shall complete
an outpatient the examination and file
the a report of
the 21examination within
15 30 days after the examination is ordered.
AB383,832
22Section
832. 971.17 (2) (d) of the statutes is renumbered 975.56 (4) and
23amended to read:
AB383,260,324
975.56
(4) If the court orders an inpatient examination under
par. (b) sub. (1),
25it shall arrange for the transportation of the person to the examining facility within
1a reasonable time after the examination is ordered and for the person to be returned
2to the jail or court within a reasonable time after the examination has been
3completed.
AB383,833
4Section
833. 971.17 (2) (e) of the statutes is renumbered 975.56 (2) and
5amended to read:
AB383,260,126
975.56
(2) The examiner
appointed under par. (b) ordered to conduct an
7examination under this section shall personally observe and examine the person.
8The examiner
or facility shall have access to the person's past or present treatment
9records, as defined in s. 51.30 (1) (b), and patient health care records, as provided
10under s. 146.82 (2) (c). If the examiner believes that the person is appropriate for
11conditional release, the examiner shall report on the type of treatment and services
12that the person may need while in the community on conditional release.
AB383,834
13Section
834. 971.17 (2) (f) of the statutes is renumbered 975.56 (5) and
14amended to read:
AB383,260,1715
975.56
(5) The costs of an examination ordered under par. (a) shall be paid by
16the county upon Upon the order of the court
as part of the costs of the action, the
17county shall pay the costs of an examination ordered under this section.
AB383,835
18Section
835. 971.17 (2) (g) of the statutes is renumbered 975.56 (6) and
19amended to read:
AB383,260,2220
975.56
(6) Within 10 days after the examiner's report is filed under
par. (c) sub.
21(3), the court shall hold a hearing to determine
whether the terms of the commitment
22shall take the form of institutional care or conditional release order under s. 975.57.
AB383,836
23Section
836. 971.17 (3) (title) of the statutes is repealed.
AB383,837
24Section
837. 971.17 (3) (a) of the statutes is renumbered 975.57 (1) and
25amended to read:
AB383,261,13
1975.57
(1) Commitment order. An order for commitment under this section
2shall specify either institutional care or conditional release. The court shall order
3institutional care if it finds by clear and convincing evidence that
conditional release
4of the person
, if conditionally released, would pose a significant risk of
causing bodily
5harm to himself or herself or to others or of
causing serious property damage. If the
6court does not make this finding, it shall order conditional release. In determining
7whether commitment shall be for institutional care or conditional release, the court
8may consider, without limitation because of enumeration, the nature and
9circumstances of the crime, the person's mental history and present mental
10condition, where the person will live, how the person will support himself or herself,
11what arrangements are available to ensure that the person has access to and will
12take necessary medication, and what arrangements are possible for treatment
13beyond medication.