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820. 971.17 (1m) (title) of the statutes is repealed.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.
AB383,838
14Section
838. 971.17 (3) (b) of the statutes is renumbered 975.57 (5) (a) and
15amended to read:
AB383,261,2216
975.57
(5) (a) If the state proves by clear and convincing evidence that the
17person is not competent to refuse medication or treatment
for the person's mental
18condition, under the standard specified in s. 971.16 (3), the court shall issue, as part
19of the commitment order, an order that the person is not competent to refuse
20medication or treatment
for the person's mental condition and that whoever
21administers the medication or treatment to the person shall observe appropriate
22medical standards.
AB383,839
23Section
839. 971.17 (3) (c) of the statutes is renumbered 975.57 (5) (b) and
24amended to read:
AB383,263,6
1975.57
(5) (b)
If the court order specifies institutional care, the department of
2health services shall place the person in an institution under s. 51.37 (3) that the
3department considers appropriate in light of the rehabilitative services required by
4the person and the protection of public safety. If
the a person
placed in an institution
5under this section is not subject to a court order
determining finding the person
to
6be not competent to refuse medication or treatment
for the person's mental condition 7and
if the
institution in which the person is placed department determines that the
8person should be subject to such
a court an order, the
institution department may
9file
a motion with the court
, with notice to the person and his or her counsel and the
10district attorney, a motion as provided in s. 975.35 for a hearing
, under the standard
11specified in s. 971.16 (3), on to determine whether the person is not competent to
12refuse medication or treatment.
A report on which the motion is based shall
13accompany the motion and notice of motion and shall include a statement signed by
14a licensed physician that asserts that the person needs medication or treatment and
15that the person is not competent to refuse medication or treatment, based on an
16examination of the person by a licensed physician. Within 10 days after a motion is
17filed under this paragraph, the court shall determine the person's competency to
18refuse medication or treatment
for the person's mental condition. At the request of
19the person, his or her
counsel attorney, or the district attorney, the hearing may be
20postponed, but
in no case may the postponed hearing
shall be held
more than within 2120 days after a motion is filed under this paragraph. If the district attorney, the
22person
, and his or her
counsel attorney waive their respective opportunities to
23present other evidence on the issue, the court shall determine the person's
24competency to refuse medication or treatment on the basis of the report
25accompanying the motion. In the absence of these waivers, the court shall hold an
1evidentiary hearing on the issue. If the state proves by
evidence that is clear and
2convincing
evidence that the person is not competent to refuse medication or
3treatment,
under the standard specified in s. 971.16 (3), the court shall
order find 4that the person is not competent to refuse medication or treatment
for the person's
5mental condition and
order that whoever administers the medication or treatment
6to the person shall observe appropriate medical standards.
AB383,840
7Section
840. 971.17 (3) (d) of the statutes is renumbered 975.57 (4) (a) and
8amended to read:
AB383,264,29
975.57
(4) (a) If the court finds that the person is appropriate for conditional
10release, the
court shall notify the department of health services. The department
of
11health services and the county department under s. 51.42 in the county of residence
12of the person shall prepare a plan that identifies the treatment and services, if any,
13that the person will receive in the community. The plan shall address the person's
14need, if any, for supervision, medication, community support services, residential
15services, vocational services, and alcohol or other drug abuse treatment.
The
16department of health services may contract with a county department, under s. 51.42
17(3) (aw) 1. d., with another public agency or with a private agency to provide the
18treatment and services identified in the plan. The plan shall specify who will be
19responsible for providing the treatment and services identified in the plan. The
plan 20department and the county department shall
be presented present the plan to the
21court for its approval within
21 14 days after the court
finding finds that the person
22is appropriate for conditional release, unless the
department, county department,
23department of health services and person to be released request additional time to
24develop the plan.
If the The county department
of the person's county of residence
25declines to prepare a plan, the department of health services may arrange for
1another county to prepare the plan if
that county agrees to prepare the plan and if 2the individual will be living in
that another county.
AB383,841
3Section
841. 971.17 (3) (e) of the statutes is renumbered 975.58 and amended
4to read:
AB383,265,17
5975.58 Petition for revocation of conditional release. An order for
6conditional release places the person in the custody and control of the department
7of health services. A conditionally released person is subject to the conditions set by
8the court and to the rules of the department of health services. Before a person is
9conditionally released by the court under this subsection, the court shall so notify the
10municipal police department and county sheriff for the area where the person will
11be residing. The notification requirement under this paragraph does not apply if a
12municipal department or county sheriff submits to the court a written statement
13waiving the right to be notified. If the department
of health services alleges that a
14released person
conditionally released under s. 975.57 (4) or 975.59 has violated any
15condition or rule
of release, or that the safety of the person or others requires
that
16conditional release be revoked, he or she may be taken into custody under the rules
17of revocation of release, the department
may detain the person in a facility specified
18in s. 51.15 (2) or in a jail. The department
of health services shall submit a statement
19showing probable cause
of for the detention and a petition to revoke the order for
20conditional release to the committing court and the regional office of the state public
21defender responsible for handling cases in the county where the committing court is
22located within 72 hours after the detention, excluding Saturdays, Sundays, and legal
23holidays. The court shall hear the petition within 30 days
, after detention unless the
24hearing or time deadline is waived by the detained person.
Pending the revocation
25hearing, the department of health services may detain the person in a jail or in a
1hospital, center or facility specified by s. 51.15 (2). The Before the hearing, the
2department shall provide the detained person written notice of the claimed violation
3and a summary of the evidence against the person. The department may withdraw
4the petition without the consent of the court. If the department withdraws the
5petition, the person shall be immediately released from detention. At a hearing
6under this section, the state has the burden of proving by clear and convincing
7evidence that
any the person violated a rule or condition of release
has been violated,
8or that the safety of the person or others requires
that conditional release be revoked 9revocation of release. If the court determines
after hearing that
any the person
10violated a rule or condition of release
has been violated, or that the safety of the
11person or others requires
that conditional release be revoked revocation of release,
12it may revoke the order for conditional release and order
that the
released person
be 13placed in an appropriate institution under s. 51.37 (3) until the expiration of the
14commitment or until again conditionally released under
this section s. 975.59. If the
15court determines that the person violated a rule or condition of release, it may modify
16the order for conditional release. The court shall set forth on the record the evidence
17relied upon and reasons for the revocation or modification of conditional release.
AB383,842
18Section
842. 971.17 (4) (title) of the statutes is renumbered 975.59 (title).
AB383,843
19Section
843. 971.17 (4) (a) of the statutes is renumbered 975.59 (1) and
20amended to read:
AB383,266,321
975.59
(1) Petition. Any person who is committed
for institutional care to the
22department and institutionalized under s. 975.57 or 975.58 may petition the
23committing court to modify
its the commitment order by authorizing conditional
24release if at least 6 months have elapsed since the initial commitment order was
25entered, the most recent
release petition
for conditional release, if any, was denied
1or
withdrawn, and the most recent order for conditional release
, if any, was revoked.
2The director of the facility at which the person is placed may file a petition under this
3paragraph subsection on the person's behalf at any time.
AB383,844
4Section
844. 971.17 (4) (b) of the statutes is renumbered 975.59 (2) and
5amended to read:
AB383,266,126
975.59
(2) Service; appointment of counsel. If the person files a timely
7petition
under sub. (1) without counsel, the court shall serve a copy of the petition
8on the district attorney and, subject to
sub. (7) (b)
s. 975.63 (2), refer the matter to
9the state public defender for determination of indigency and appointment of counsel
10under s. 977.05 (4) (j). If
the a person
petitions through counsel, his or her files a
11petition under sub. (1) with the assistance of an attorney, the person's attorney shall
12serve
a copy of the petition on the district attorney.
AB383,845
13Section
845. 971.17 (4) (c) of the statutes is renumbered 975.59 (3) and
14amended to read:
AB383,266,2415
975.59
(3) Examination. Within 20 days after receipt of the petition
under sub.
16(1), the court shall appoint one or more examiners having the specialized knowledge
17determined by the court to be appropriate
, who shall
to examine the person and
18furnish a written report of the examination to the court within 30 days after
19appointment. The examiners shall have reasonable access to the person for purposes
20of examination and to the person's past and present treatment records, as defined in
21s. 51.30 (1) (b), and patient health care records, as provided under s. 146.82 (2) (c).
22If
any such an examiner believes that the person is appropriate for conditional
23release, the examiner shall report on the type of treatment and services that the
24person may need while in the community on conditional release.
AB383,846
1Section
846. 971.17 (4) (d) of the statutes is renumbered 975.59 (4) and
2amended to read:
AB383,267,153
975.59
(4) Hearing. The court
, without a jury, shall hear the petition within
430 days after the report of the court-appointed examiner is filed with the court,
5unless the
petitioner person waives this time limit. Expenses of proceedings under
6this subsection shall be paid as provided under s. 51.20 (18). The court shall grant
7the petition unless it finds by clear and convincing evidence that the person would
8pose a significant risk of
causing bodily harm to himself or herself or to others or of
9causing serious property damage if conditionally released. In making this
10determination, the court may consider
, without limitation because of enumeration,
11the nature and circumstances of the crime, the person's mental history and present
12mental condition, where the person will live, how the person will support himself or
13herself, what arrangements are available to ensure that the person has access to and
14will take necessary medication, and what arrangements are possible for treatment
15beyond medication the factors under s. 975.57 (1).
AB383,847
16Section
847. 971.17 (4) (e) of the statutes is renumbered 975.59 (5) (a), and
17975.59 (5) (a) 1., as renumbered, is amended to read:
AB383,268,818
975.59
(5) (a) 1. If the court finds that the person is appropriate for conditional
19release, the court shall notify the department of health services
. Subject and, subject 20to
subd. subds. 2. and 3., the
department of health services and the county
21department under s. 51.42 in the county of residence of the person shall prepare a
22plan that identifies the treatment and services, if any, that the person will receive
23in the community. The plan shall address the person's need, if any, for supervision,
24medication, community support services, residential services, vocational services,
25and alcohol or other drug abuse treatment.
The department of health services may
1contract with a county department, under s. 51.42 (3) (aw) 1. d., with another public
2agency or with a private agency to provide the treatment and services identified in
3the plan. The plan shall specify who will be responsible for providing the treatment
4and services identified in the plan. The
plan shall be presented department and the
5county department shall present the plan to the court for its approval within
60 14 6days after the court finding that the person is appropriate for conditional release,
7unless the
department, county department,
department of health services and
8person to be released request additional time to develop the plan.
AB383,848
9Section
848. 971.17 (4m) of the statutes is repealed.
AB383,849
10Section
849. 971.17 (5) (title) of the statutes is renumbered 975.60 (title).
AB383,850
11Section
850. 971.17 (5) of the statutes is renumbered 975.60 (1) and amended
12to read:
AB383,268,1713
975.60
(1) A person on conditional release, or the department
of health services 14on his or her behalf, may petition the committing court to terminate
the an order of
15commitment
if at least 6 months have elapsed since the person was last placed on
16conditional release and since the most recent petition under this section, if any, was
17denied.
AB383,268,24
18(2) If
the a person files a timely petition
under sub. (1) without counsel, the
19court shall serve a copy of the petition on the district attorney and, subject to
sub. (7)
20(b) s. 975.63 (2), refer the matter to the state public defender for determination of
21indigency and appointment of counsel under s. 977.05 (4) (j). If the person
petitions 22through counsel, his or her files a petition under sub. (1) with the assistance of an
23attorney, the person's attorney shall serve
a copy of the petition on the district
24attorney.
AB383,269,2
1(3) The
court shall rule on the petition
shall be determined as promptly as
2practicable
by the court without a jury.
AB383,269,13
3(4) The court shall terminate the order of commitment unless it finds by clear
4and convincing evidence that further supervision is necessary to prevent a
5significant risk of bodily harm to the person or to others or of serious property
6damage. In making this determination, the court may consider, without limitation
7because of enumeration, the nature and circumstances of the crime, the person's
8mental history and current mental condition, the person's behavior while on
9conditional release, and plans for the person's living arrangements, support,
10treatment
, and other required services after termination of the commitment order.
11 A petition under this subsection may not be filed unless at least 6 months have
12elapsed since the person was last placed on conditional release or since the most
13recent petition under this subsection was denied.
AB383,851
14Section
851. 971.17 (6) of the statutes is renumbered 975.61, and 975.61 (1)
15(intro.) and (2), as renumbered, are amended to read:
AB383,269,1816
975.61
(1) (intro.) At least 60 days prior to the expiration of a commitment order
17issued under
sub. (1) s. 975.57, the department
of health services shall notify all of
18the following
of the expiration of the order:
AB383,269,23
19(2) Upon the expiration of a commitment order
under sub. (1), the court shall
20discharge the person, subject to the right of the department
of health services or the
21appropriate county department under s. 51.60 or 51.437 to proceed against the
22person under ch. 51 or 55.
If none of those departments proceeds against the person
23under ch. 51 or 55, the court may order the proceeding.
AB383,852
24Section
852. 971.17 (6m) (title) of the statutes is repealed.
AB383,853
1Section
853. 971.17 (6m) (a) (intro.) of the statutes is renumbered 975.62 (1)
2(intro.) and amended to read:
AB383,270,33
975.62
(1) (intro.) In this
subsection
section:
AB383,854
4Section
854. 971.17 (6m) (a) 1. of the statutes is repealed.
AB383,855
5Section
855. 971.17 (6m) (a) 2. of the statutes is renumbered 975.62 (1) (a).
AB383,856
6Section
856. 971.17 (6m) (a) 3. of the statutes is renumbered 975.62 (1) (b).
AB383,857
7Section
857. 971.17 (6m) (b) of the statutes is repealed.
AB383,858
8Section
858. 971.17 (6m) (c) of the statutes is repealed.
AB383,859
9Section
859. 971.17 (6m) (d) of the statutes is renumbered 975.62 (5) and
10amended to read:
AB383,270,2311
975.62
(5) The department
of health services shall design and prepare cards
12for
persons specified in par. (b) 1. a victim's representative to send to the department.
13The cards shall have space for
these persons a victim's representative to provide
their
14names his or her name and
addresses address, the name of the
applicable defendant 15person committed under this subchapter, and any other information the department
16determines is necessary. The department shall provide the cards, without charge,
17to district attorneys. District attorneys shall provide the cards, without charge, to
18persons specified in par. (b) 1. These persons victims' representatives. A victim's
19representative may send completed cards to the department.
All departmental
20records or Records and portions of records
of the department that relate to mailing
21addresses of
these persons a victim's representative are not subject to inspection or
22copying under s. 19.35 (1), except as needed to comply with a request under
sub. (4m)
23(d) or s. 301.46 (3) (d).
AB383,860
24Section
860. 971.17 (7) (title) of the statutes is renumbered 975.63 (title).
AB383,861
1Section
861. 971.17 (7) (a) of the statutes is renumbered 975.63 (1) and
2amended to read:
AB383,271,63
975.63
(1) The committing court shall conduct all hearings under
this section 4ss. 975.55 to 975.61. The
committed person shall be given reasonable notice of the
5time and place of each
such hearing. The court may designate additional persons to
6receive these notices.
AB383,862
7Section
862. 971.17 (7) (b) of the statutes is renumbered 975.63 (2), and 975.63
8(2) (intro.), as renumbered, is amended to read:
AB383,271,109
975.63
(2) (intro.) Without limitation by enumeration, at any hearing under
10this section ss. 975.55 to 975.61, the
person subject of the hearing has the right to:
AB383,863
11Section
863. 971.17 (7) (c) of the statutes is renumbered 975.63 (4) and
12amended to read:
AB383,271,2113
975.63
(4) If
the a person
who is subject to proceedings under ss. 975.55 to
14975.61 wishes to be examined by a physician,
as defined in s. 971.16 (1) (a), or a
15psychologist,
as defined in s. 971.16 (1) (b), or other expert of his or her choice, the
16procedure under s.
971.16 975.51 (4) shall apply. Upon motion of an indigent
17person, the court shall appoint a qualified and available examiner for the person at
18public expense. Examiners for the person or the district attorney shall have
19reasonable access to the person for purposes of examination, and to the person's past
20and present treatment records, as defined in s. 51.30 (1) (b), and patient health care
21records
, as provided under s. 146.82 (2) (c).
AB383,864
22Section
864. 971.17 (7) (d) of the statutes is repealed.
AB383,865
23Section
865. 971.17 (7m) of the statutes is renumbered 975.64.
AB383,866
24Section
866. 971.17 (8) of the statutes is renumbered 975.49 and amended to
25read:
AB383,272,7
1975.49 Applicability of ss. 975.57 to 975.64. This
section
subchapter
2governs the commitment, release
, and discharge of persons adjudicated not guilty by
3reason of mental disease or mental defect for offenses committed on or after January
41, 1991. The commitment, release
, and discharge of persons adjudicated not guilty
5by reason of mental disease or mental defect for offenses committed prior to January
61, 1991,
shall be are governed by s. 971.17, 1987 stats., as affected by
1989 Wisconsin
7Act 31.
AB383,867
8Section
867. 971.18 of the statutes is renumbered 975.21 and amended to
9read:
AB383,272,15
10975.21 Inadmissibility of statements made for purposes of
11examination. A statement made by a person
subjected who is subject to
a 12psychiatric examination or
to treatment
pursuant to under this chapter
that is made
13for the
purposes purpose of
such the examination or treatment
shall is not
be 14admissible
in evidence against the person in any criminal proceeding on any issue
15other than that of the person's mental condition.