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.
AB383,868
16Section
868. 971.19 of the statutes is renumbered 970.14, and 970.14 (title),
17(1), (2), (3), (4), (5), (6), (8), (9) (intro.), (10), (11) and (12), as renumbered, are amended
18to read:
AB383,272,21
19970.14 Place of trial Venue. (1) Criminal actions Trials shall be
tried in the
20county where the crime was committed, except as
otherwise provided
in this section
21or in s. 971.09.
AB383,272,25
22(2) Where
2 or more acts are requisite to the commission of any
offense crime
23requires 2 or more acts, the trial may be in any county in which any of such acts
24occurred.
In a case involving a charge of conspiracy under s. 939.31, the trial may
25be in any county in which a conspiratorial act took place.
AB383,273,3
1(3) Where
an offense a crime is committed on or within one-fourth of a mile of
2the boundary of 2 or more counties, the
defendant may be tried trial may be in any
3of such counties.
AB383,273,8
4(4) If a crime is committed in, on
, by use of, or against any vehicle passing
5through or within this state, and it cannot readily be determined in which county the
6crime was committed, the
defendant may be tried trial may be in any county
through
7which such vehicle has passed or in the county where the defendant's travel
8commenced or terminated in which the vehicle has traveled.
AB383,273,12
9(5) If the act causing death is in one county and the death ensues in another,
10the
defendant may be tried trial may be in either county. If neither location can
11readily be determined, the
defendant may be tried trial may be in the county where
12the body is found.
AB383,273,15
13(6) If an offense is commenced outside the state and is consummated within
14the state, the
defendant may be tried trial may be in the county where the offense
15was consummated.
AB383,273,18
16(8) In an action for a violation of s. 948.31, the
defendant may be tried trial may
17be in the county where the crime was committed or the county of lawful residence of
18the child.
AB383,273,24
19(9) (intro.) In an action under s. 301.45 (6) (a) or (ag), the
defendant may be tried 20trial may be in the defendant's county of residence at the time that the complaint is
21filed. If the defendant does not have a county of residence in this state at the time
22that the complaint is filed, or if the defendant's county of residence is unknown at the
23time that the complaint is filed,
defendant may be tried trial may be in any of the
24following counties:
AB383,274,6
1(10) In an action under s. 30.547 for intentionally falsifying an application for
2a certificate of number, a registration or a certificate of title, the
defendant may be
3tried trial may be in the defendant's county of residence at the time that the
4complaint is filed, in the county where the defendant purchased the boat if purchased
5from a dealer
, or the county where the department of natural resources received the
6application.
AB383,274,12
7(11) In an action under s. 943.201, the
defendant may be tried trial may be in
8the county where the victim or intended victim resided at the time of the offense or
9in any other county designated under this section. In an action under s. 943.203, the
10defendant may be tried trial may be in the county where the victim or intended victim
11was located at the time of the offense or in any other county designated under this
12section.
AB383,274,21
13(12) Except as provided in s.
971.223
971.72, in an action for a violation of chs.
145 to 12, subch. III of ch. 13, or subch. III of ch. 19, or for a violation of any other law
15arising from or in relation to the official functions of the subject of the investigation
16or any matter that involves elections, ethics, or lobbying regulation under chs. 5 to
1712, subch. III of ch. 13, or subch. III of ch. 19 a
defendant who is trial for a resident
18of this state shall be
tried in
circuit the court for the county where the
defendant 19person resides. For purposes of this subsection, a person other than a natural person
20resides within a county if the person's principal place of operation is located within
21that county.
AB383,869
22Section
869. 971.20 (title), (1), (2), (4), (5), (6), (7), (8), (9), (10) and (11) of the
23statutes are renumbered 967.16 (title), (1), (2), (3), (4), (5), (6), (7), (8), (9) and (10),
24and 967.16 (2), (3), (8) and (9), as renumbered, are amended to read:
AB383,275,3
1967.16
(2) One substitution. In any criminal action, the defendant has a right
2to only one substitution of a judge, except under sub.
(7) (6). The right of substitution
3shall be exercised as provided in this section.
AB383,275,7
4(3) Substitution of trial judge originally assigned. A written request for the
5substitution of a different judge for the judge originally assigned to the trial of the
6action may be filed with the clerk before making any motions to the trial court and
7before
arraignment entry of a plea.
AB383,275,11
8(8) Judge's authority to act. Upon the filing of a request for substitution in
9proper form and within the proper time, the judge whose substitution has been
10requested has no authority to act further in the action except to conduct the initial
11appearance, accept pleas
, and set
bail conditions of release.
AB383,275,13
12(9) Form of request. A request for substitution of a judge may be made in the
13following form:
AB383,275,1414
STATE OF WISCONSIN
AB383,275,1515
CIRCUIT COURT
AB383,275,1616
.... County
AB383,275,1717
State of Wisconsin
AB383,275,1919
....(Defendant)
AB383,275,2120
Pursuant to s.
971.20 967.16 the defendant (or defendants) request (s) a
21substitution for the Hon. .... as judge in the above entitled action.
AB383,275,2222
Dated ...., .... (year)
AB383,275,2323
....(Signature of defendant or defendant's attorney)
AB383,870
24Section
870. 971.20 (3) of the statutes is repealed.
AB383,871
1Section
871. 971.22 of the statutes is renumbered 971.70 and amended to
2read:
AB383,276,5
3971.70 Change of place of trial. (1) The defendant may move
for a to change
4of the place of trial on the ground that an impartial trial cannot be had in the county.
5The motion shall be made at arraignment, but it may be made thereafter for cause.
AB383,276,8
6(2) The motion shall be in writing and supported by
an affidavit
which shall
7state stating evidentiary facts showing the nature of the prejudice alleged. The
8district attorney may file counter affidavits.
AB383,276,20
9(3) If the court determines that
there exists prejudice in the county where the
10action is pending
such prejudice that will prevent a fair trial
cannot be had, it shall
11order that conduct the trial
be held in any county where
an impartial a fair trial can
12be had
. Only one change may be granted under this subsection. The judge who
13orders the change in the place of trial shall preside at the trial. Preliminary matters
14prior to trial may be conducted in either county at the discretion of the court. The
15judge or, if the requirements under s. 971.71 (1) are satisfied, order the selection of
16a jury from another county under s. 971.71 (2). If the court conducts the trial in
17another county, it shall determine where the defendant, if he or she is in custody,
18shall be held and where the record shall be kept.
If the criteria under s. 971.225 (1)
19(a) to (c) exist, the court may proceed under s. 971.225 (2) The court, in its discretion,
20may conduct pretrial matters in either county.
AB383,872
21Section
872. 971.223 of the statutes is renumbered 971.72, and 971.72 (3) and
22(4), as renumbered, are amended to read:
AB383,276,2523
971.72
(3) This section does not affect which prosecutor has responsibility
24under s. 978.05 (1) to prosecute criminal actions
arising from violations described 25under sub. (1).
AB383,277,3
1(4) This section does not affect the application of s.
971.22 971.70. In actions
2described under sub. (1), the court may enter an order under s.
971.225 971.71 only
3if the order is agreed to by the defendant.
AB383,873
4Section
873. 971.225 (title) of the statutes is renumbered 971.71 (title).
AB383,874
5Section
874. 971.225 (1) (intro.), (a) and (c) of the statutes are renumbered
6971.71 (1) (intro.), (a) and (b), and 971.71 (1) (intro.) and (a), as renumbered, are
7amended to read:
AB383,277,108
971.71
(1) (intro.)
In lieu of If there are grounds for changing the place of trial
9under s.
971.22 (3) or 971.223 971.70 (3) or 971.72 and all of the following conditions
10are satisfied, the court may require the selection of a jury under sub. (2)
if:
AB383,277,1211
(a) The court has decided to sequester the jurors after the commencement of
12the trial, as provided in s.
972.12; 972.05.
AB383,875
13Section
875. 971.225 (1) (b) of the statutes is repealed.
AB383,876
14Section
876. 971.225 (2) of the statutes is renumbered 971.71 (2) and amended
15to read: