SB82: Bill Text

SB82,353,25 chapter 975

SB82,354,1 Subchapter III

SB82,354,2 Mental responsibility

SB82,1151 Section 1151. 975.51 (4) (b) of the statutes is created to read:

SB82,354,8 975.51 (4) (b) If a physician, psychologist, or other expert examines the defendant at the request of the state, the examiner may not testify at trial regarding the mental condition of the defendant unless the examiner provides a report of his or her examination of the defendant to the defendant or defendant's attorney at least 15 days before trial.

SB82,1152 Section 1152. 975.51 (5) (b) of the statutes is created to read:

SB82,354,15 975.51 (5) (b) A physician, psychologist, or other expert may not testify regarding the defendant's need for medication or treatment or competence to refuse medication or treatment before a jury that is determining the ability of the defendant to appreciate the wrongfulness of his or her conduct or to conform his or her conduct with the requirements of law at the time of the commission of the criminal offense charged.

SB82,1153 Section 1153. 975.52 (1) of the statutes is created to read:

SB82,354,20 975.52 (1) Joined with a plea of guilty or no contest. If a defendant joins a plea of guilty or no contest with a plea of not guilty by reason of mental disease or defect, the court shall first determine whether to accept the plea of guilty or no contest. If the plea is accepted, the court shall proceed under sub. (3).

SB82,1154 Section 1154. 975.52 (4) (title) of the statutes is created to read:

SB82,354,22 975.52 (4) (title) Entering judgment.

SB82,1155 Section 1155. 975.53 (title) of the statutes is created to read:

SB82,354,24 975.53 (title) Notice of restrictions.

SB82,1156 Section 1156. 975.54 (title) of the statutes is created to read:

SB82,355,1 975.54 (title) Sexual assault; supervision, registration, and testing.

SB82,1157 Section 1157. 975.56 (title) of the statutes is created to read:

SB82,355,3 975.56 (title) Precommitment examination.

SB82,1158 Section 1158. 975.57 (2) (e) of the statutes is created to read:

SB82,355,9 975.57 (2) (e) Commitment credit. A person committed under par. (a), (b), or (d) shall be given credit for all days spent in custody in connection with the course of conduct for which the commitment is imposed. The standards in s. 973.155 for determining sentence credit for convicted persons apply to determining commitment credit under this section.

SB82,1159 Section 1159. 975.57 (3) of the statutes is created to read:

SB82,355,14 975.57 (3) Institutionalized care. If the court orders the person institutionalized under this section, the department shall place the person in an institution under s. 51.37 (3) that the department considers appropriate in light of the rehabilitative services required by the person and the protection of public safety.

SB82,1160 Section 1160. 975.57 (4) (title) of the statutes is created to read:

SB82,355,16 975.57 (4) (title) Conditional release.

SB82,1161 Section 1161. 975.57 (4) (b) and (c) of the statutes are created to read:

SB82,355,21 975.57 (4) (b) An order for conditional release places the person in the custody and control of the department. A conditionally released person is subject to the conditions set by the court and to the rules of the department. The court, for cause and by order, may modify the conditions of release.

SB82,356,2 (c) Before a person is conditionally released by the court under this subsection, the court shall notify the municipal police department and county sheriff for the area where the person will be residing. The notification requirement does not apply if a municipal department or county sheriff submits to the court a written statement waiving the right to be notified.

SB82,1162 Section 1162. 975.57 (5) (title) of the statutes is created to read:

SB82,356,4 975.57 (5) (title) Competence to refuse medication.

SB82,1163 Section 1163. 975.59 (5) (title) of the statutes is created to read:

SB82,356,6 975.59 (5) (title) Conditional release.

SB82,1164 Section 1164. 975.59 (5) (b) and (c) of the statutes are created to read:

SB82,356,11 975.59 (5) (b) An order for conditional release places the person in the custody and control of the department. A conditionally released person is subject to the conditions set by the court and to the rules of the department. The court, for cause and by order, may modify the conditions of release.

SB82,356,16 (c) Before a person is conditionally released by the court under this subsection, the court shall notify the municipal police department and county sheriff for the area where the person will be residing. The notification requirement does not apply if a municipal police department or county sheriff submits to the court a written statement waiving the right to be notified.

SB82,1165 Section 1165. 975.61 (1) (d) of the statutes is created to read:

SB82,356,19 975.61 (1) (d) The corporation counsel in the municipality and county in which the commitment order was entered.

SB82,1166 Section 1166. 975.62 (title) of the statutes is created to read:

SB82,356,21 975.62 (title) Notice of change in status of committed person.

SB82,1167 Section 1167. 975.62 (1) (d) of the statutes is created to read:

SB82,356,25 975.62 (1) (d) "Victim's representative" means the victim or, if the victim died as a result of the crime, an adult member of the victim's family, or, if the victim is younger than 18 years old, the victim's parent or legal guardian.

SB82,1168 Section 1168. 975.62 (2), (3) and (4) of the statutes are created to read:

SB82,357,5 975.62 (2) If the court conditionally releases a person under s. 975.57 (4) or 975.59, the district attorney who prosecuted the crime for which the person was committed shall notify the department of corrections and make a reasonable attempt to notify the victim's representative of the conditional release.

SB82,357,9 (3) If the court terminates a person's commitment order under s. 975.60 or discharges a person under s. 975.61, the department shall notify the department of corrections and, if the victim's representative has submitted a card under sub. (5), the victim's representative of the termination or discharge.

SB82,357,16 (4) Notice under sub. (2) or (3) shall include the name of the person who is conditionally released or discharged or whose commitment order is terminated and the date of conditional release, termination, or discharge, whichever is applicable. The district attorney or the department, whichever is applicable, shall send the notice, postmarked no later than 7 days after the court orders the conditional release, termination, or discharge, to the department of corrections and to the last-known address of the victim's representative.

SB82,1169 Section 1169. 975.63 (3) of the statutes is created to read:

SB82,357,19 975.63 (3) All hearings under ss. 975.55 to 975.61 shall be before a judge without a jury.

SB82,1170 Section 1170. 977.02 (2m) of the statutes is amended to read:

SB82,357,25 977.02 (2m) Promulgate rules regarding eligibility for legal services under this chapter, including legal services for persons who are entitled to be represented by counsel without a determination of indigency, as provided in s. 48.23 (4), 51.60, or 55.105, or and for children who are entitled to be represented by counsel without a determination of indigency, as provided in s. 48.23 (4) or 938.23 (4).

SB82,1171 Section 1171. 977.02 (3) (intro.) of the statutes is amended to read:

SB82,358,9 977.02 (3) (intro.) Promulgate rules regarding the determination of indigency of persons entitled to be represented by counsel, other than persons who are entitled to be represented by counsel under s. 48.23, 51.60 , or 55.105, or children who are entitled to be represented by counsel without a determination of indigency under s. 48.23 or 938.23, including the time period in which the determination must be made and the criteria to be used to determine indigency and partial indigency. The rules shall specify that, in determining indigency, the representative of the state public defender shall do all of the following:

SB82,1172 Section 1172. 977.02 (4r) of the statutes is amended to read:

SB82,358,14 977.02 (4r) Promulgate rules that establish procedures to provide the department of administration with any information concerning the collection of payment ordered under s. 48.275 (2), 757.66, 938.275 (2), 973.06 (1) (e), or 977.076 (1).

SB82,1173 Section 1173. 977.03 (2m) of the statutes is amended to read:

SB82,358,18 977.03 (2m) The board may promulgate rules that establish procedures to collect payment ordered under s. 48.275 (2), 757.66, 938.275 (2), 973.06 (1) (e), or 977.076 (1) from a prisoner's prison financial account.

SB82,1174 Section 1174. 977.05 (4) (gm) of the statutes is amended to read:

SB82,359,2 977.05 (4) (gm) In accordance with the standards under pars. (h) and (i), accept referrals from judges and courts for the provision of legal services without a determination of indigency of persons who are entitled to be represented by counsel under s. 48.23, 51.60, or 55.105, or children who are entitled to be represented by counsel under s. 48.23 or 938.23, appoint counsel in accordance with contracts and policies of the board, and inform the referring judge or court of the name and address of the specific attorney who has been assigned to the case.

SB82,1175 Section 1175. 977.05 (4) (h) of the statutes is amended to read:

SB82,359,10 977.05 (4) (h) Accept requests for legal services from children who are entitled to be represented by counsel under s. 48.23 or 938.23, from persons who are entitled to be represented by counsel under s. 48.23, 51.60 , or 55.105, or 938.23 and from indigent persons who are entitled to be represented by counsel under s. 967.06 971.013 or who are otherwise so entitled under the constitution or laws of the United States or this state and provide such persons with legal services when, in the discretion of the state public defender, such provision of legal services is appropriate.

SB82,1176 Section 1176. 977.05 (4) (j) of the statutes is amended to read:

SB82,359,18 977.05 (4) (j) Subject to sub. (6) (e) and (f), at the request of any person determined by the state public defender to be indigent or upon referral of any court, prosecute a writ of error, appeal, action or proceeding for habeas corpus or other postconviction or post-commitment remedy on behalf of the person before any court, if the state public defender determines the case should be pursued. The state public defender must pursue the case of any indigent person entitled to counsel under s. 971.17 (7) (b) 1. 975.63 (2) (a) or 980.03 (2) (a).

SB82,1177 Section 1177. 977.05 (6) (b) 2. of the statutes is amended to read:

SB82,359,22 977.05 (6) (b) 2. The judge or circuit court commissioner before whom the proceedings shall be held certifies to the state public defender that the person will not be incarcerated if he or she is found in contempt of court.

SB82,1178 Section 1178. 977.05 (6) (e) (intro.) and 2. of the statutes are amended to read:

SB82,360,3 977.05 (6) (e) (intro.) The state public defender may not provide legal services or assign counsel for a person who files a motion to modify sentence under s. 973.19 974.03 (1) (a), or for a person who appeals, under s. 973.19 (4) 974.03 (1) (d), the denial of a motion to modify sentence filed under s. 973.19 974.03 (1) (a), unless the person does one of the following:

SB82,360,5 2. Files the motion to modify sentence under s. 973.19 974.03 (1) (a) within 20 days after the sentence or order is entered.

SB82,1179 Section 1179. 977.06 (2) (a) of the statutes is amended to read:

SB82,360,16 977.06 (2) (a) A person seeking to have counsel assigned for him or her under s. 977.08, other than a person who is entitled to be represented by counsel under s. 48.23, 51.60, or 55.105, or a child who is entitled to be represented by counsel under s. 48.23 or 938.23, shall sign a statement declaring that he or she has not disposed of any assets for the purpose of qualifying for that assignment of counsel. If the representative or authority making the indigency determination finds that any asset was disposed of for less than its fair market value for the purpose of obtaining that assignment of counsel, the asset shall be counted under rules promulgated under s. 977.02 (3) at its fair market value at the time it was disposed of, minus the amount of compensation received for the asset.

SB82,1180 Section 1180. 977.06 (2) (am) of the statutes is amended to read:

SB82,360,24 977.06 (2) (am) A person seeking to have counsel assigned for him or her under s. 977.08, other than a person who is entitled to be represented by counsel under s. 48.23, 51.60, or 55.105, or a child who is entitled to be represented by counsel under s. 48.23 or 938.23, shall sign a statement declaring that the information that he or she has given to determine eligibility for assignment of counsel he or she believes to be true and that he or she is informed that he or she is subject to the penalty under par. (b).

SB82,1181 Section 1181. 977.06 (3) (b) of the statutes is amended to read:

SB82,361,3 977.06 (3) (b) The state public defender may petition a court that ordered payment under s. 757.66, 973.06 (1) (e), or 977.076 (1) to modify an order or judgment to adjust the amount of payment or the scheduled amounts at any time.

SB82,1182 Section 1182. 977.07 (1) (a) of the statutes is amended to read:

SB82,361,13 977.07 (1) (a) Determination of indigency for persons entitled to counsel shall be made as soon as possible and shall be in accordance with the rules promulgated by the board under s. 977.02 (3) and the system established under s. 977.06. No determination of indigency is required for a person who is entitled to be represented by counsel under s. 48.23, 51.60, or 55.105, or for a child who is entitled to be represented by counsel under s. 48.23 or 938.23. The state public defender may also appoint counsel without a determination of indigency if the state public defender has reason to doubt the competency of a person who has been charged with a crime or who is pursuing postconviction relief in a criminal case.

SB82,1183 Section 1183. 977.07 (1) (c) of the statutes is amended to read:

SB82,362,2 977.07 (1) (c) For all referrals made under ss. 809.107, 809.30, 974.06 (3) (b) and 974.07 (11), except a referral of a person who is entitled to be represented by counsel under s. 48.23, 51.60, or 55.105, or of a child who is entitled to be represented by counsel under s. 48.23 or 938.23, a representative of the state public defender shall determine indigency. For referrals made under ss. 809.107, 809.30 and 974.06 (3) (b), except a referral of a person who is entitled to be represented by counsel under s. 48.23, 51.60, or 55.105, or of a child who is entitled to be represented by counsel under s. 48.23 or 938.23, the representative of the state public defender may, unless a request for redetermination has been filed under s. 809.30 (2) (d) or the person's request for representation states that his or her financial circumstances have materially improved, rely upon a determination of indigency made for purposes of trial representation under this section.

SB82,1184 Section 1184. 977.07 (2m) of the statutes is amended to read:

SB82,362,14 977.07 (2m) If the person is found to be indigent in full or in part, the person shall be promptly informed of the state's right to payment or recoupment under s. 48.275 (2), 757.66, 938.275 (2), 973.06 (1) (e), or 977.076 (1), and the possibility that the payment of attorney fees may be made a condition of probation, should the person be placed on probation. Furthermore, if found to be indigent in part, the person shall be promptly informed of the extent to which he or she will be expected to pay for counsel, and whether the payment shall be in the form of a lump sum payment or periodic payments. The person shall be informed that the payment amount may be adjusted if his or her financial circumstances change by the time of sentencing. The payment and payment schedule shall be set forth in writing. This subsection does not apply to persons who have paid under s. 977.075 (3m).

SB82,1185 Section 1185 . 977.076 (1) of the statutes is repealed.

SB82,1186 Section 1186. 977.076 (2) of the statutes is renumbered 977.076 and amended to read:

SB82,362,22 977.076 Collections. The department of administration may collect unpaid reimbursement payments to the state public defender ordered by a court under sub. (1) or s. 48.275 (2), 757.66, 938.275 (2) (a), or 973.06 (1) (e). The department may contract with a private collection agency to collect these payments. Section 16.705 does not apply to a contract under this subsection section.

SB82,1187 Section 1187. 977.08 (2) (intro.) of the statutes is amended to read:

SB82,363,2 977.08 (2) (intro.) All attorneys in a county shall be notified in writing by the state public defender that a set of lists is being prepared of attorneys willing to represent persons referred under s. 48.23 (4), 51.60, or 55.105, or children referred under s. 48.23 (4) or 938.23 (4) and indigent clients in the following:

SB82,1188 Section 1188. 978.045 (1r) (intro.) of the statutes is amended to read:

SB82,363,13 978.045 (1r) (intro.) Any judge of a court of record, by an order entered in the record stating the cause for it, may appoint an attorney as a special prosecutor to perform, for the time being, or for the trial of the accused person, the duties of the district attorney. An attorney appointed under this subsection shall have all of the powers of the district attorney. The judge may appoint an attorney as a special prosecutor at the request of a district attorney to assist the district attorney in the prosecution of persons charged with a crime, in grand jury proceedings or, in John Doe proceedings under s. 968.26 968.105, in proceedings under ch. 980, or in investigations. The judge may appoint an attorney as a special prosecutor if any of the following conditions exists:

SB82,1189 Section 1189. 978.045 (1r) (i) of the statutes is amended to read:

SB82,363,17 978.045 (1r) (i) A judge determines that a complaint received under s. 968.26 968.105 (2) (am) relates to the conduct of the district attorney to whom the judge otherwise would refer the complaint.

SB82,1190 Section 1190. 978.05 (3) of the statutes is amended to read:

SB82,363,20 978.05 (3) John Doe proceedings. Participate in investigatory proceedings under s. 968.26 968.105.

SB82,1191 Section 1191. 978.05 (4) of the statutes is amended to read:

SB82,363,25 978.05 (4) Grand jury. When requested by a grand jury under s. 968.47 968.225, attend the grand jury for the purpose of examining witnesses in their presence; give the grand jury advice in any legal matter; draw bills of indictment; and issue subpoenas and other processes to compel the attendance of witnesses.