SB82: Bill Text

SB82,230,15 1. Whether the failure to grant the a continuance in the proceeding would be likely to make a continuation of the proceeding it impossible to continue the proceeding or result in a miscarriage of justice.

SB82,230,19 2. Whether the case taken as a whole is so unusual and so complex, due to the number of defendants or, the nature of the prosecution, or otherwise, that it is unreasonable to expect adequate preparation within the periods of time established by this section.

SB82,743 Section 743. 971.10 (3) (c) of the statutes is amended to read:

SB82,230,24 971.10 (3) (c) No A court may not grant a continuance under par. (a) may be granted because of general congestion of the court's calendar or, the state's lack of diligent preparation, or the state's failure to obtain available witnesses on the part of the state.

SB82,744 Section 744. 971.10 (4) of the statutes is renumbered 971.10 (2m) and amended to read:

SB82,231,8 971.10 (2m) Remedy. Every If a defendant is not tried in accordance with on time under this section, the court shall be discharged release him or her from custody but the obligations of the bond or other and remove any monetary conditions of release of a defendant imposed as a result of the charge for which the time limit is exceeded. Nonmonetary conditions shall continue until modified or until the bond is released or the conditions removed or may be imposed.

SB82,745 Section 745. 971.105 of the statutes is amended to read:

SB82,231,18 971.105 Child victims and witnesses; duty to expedite proceedings. In all criminal and delinquency cases, juvenile fact-finding hearings under s. 48.31 and juvenile dispositional hearings involving a child as a victim, as defined in s. 950.02 (4), or as a witness, as defined in s. 950.02 (5), the court and the district attorney shall take appropriate action to ensure a speedy trial in order to minimize the length of time the child must endure the stress of the child's his or her involvement in the proceeding. In ruling on any motion or other request for a delay or continuance of proceedings, the court shall consider and give weight to any adverse impact the delay or continuance may have on the well-being of a child victim or witness.

SB82,746 Section 746. 971.11 (1) of the statutes is amended to read:

SB82,232,7 971.11 (1) Whenever the warden or superintendent of a state prison receives notice of an untried criminal case pending in this state against an inmate of a state the prison, the warden or superintendent shall, at the request of the inmate, send by certified mail a written request to the district attorney for prompt disposition of the case. The request shall state the sentence then being served, and the date of the inmate's parole eligibility, if applicable, or the date of release on which the inmate will be released to extended supervision, or the approximate discharge or conditional release date, and prior decision relating to parole date on which the inmate will be discharged. If the inmate is already eligible for parole, the request shall describe any prior decision relating to parole. If there has been no preliminary examination on the pending case, the request shall state whether the inmate waives such the preliminary examination, and, if so, shall be accompanied by a written waiver signed by the inmate.

SB82,747 Section 747. 971.11 (2) and (3) of the statutes are consolidated, renumbered 971.11 (2) and amended to read:

SB82,232,21 971.11 (2) If the crime charged in the pending case is a felony, the district attorney shall either move to dismiss the pending case or arrange a date for preliminary examination as soon as convenient and notify the warden or superintendent of the prison thereof, date unless such the preliminary examination has already been held or has been waived. After the preliminary examination or upon waiver thereof of the preliminary examination, the district attorney shall file an information, unless it has already been filed, and mail a copy thereof of the information to the warden or superintendent for service on the inmate. The district attorney shall bring the case on for trial within 120 days after receipt of receiving the request, subject to s. 971.10. (3) (3). If the crime charged in the pending case is a misdemeanor, the district attorney shall either move to dismiss the charge case or bring it on for trial within 90 days after receipt of receiving the request.

SB82,748 Section 748. 971.11 (5) of the statutes is amended to read:

SB82,233,2 971.11 (5) If the defendant wishes to plead guilty to cases pending in more than one county, the several district attorneys involved may agree with the defendant and among themselves for all such pleas to be received in the appropriate court of one of such counties, and s. 971.09 shall govern the procedure thereon so far as applicable.

SB82,749 Section 749. 971.11 (6) of the statutes is amended to read:

SB82,233,14 971.11 (6) The prisoner shall be delivered warden or superintendent of the prison shall deliver the inmate into the custody of the sheriff of the county in which the charge is pending for transportation to the court, and the prisoner shall be retained in that sheriff shall retain custody of the inmate during all proceedings under this section. The sheriff shall return the prisoner inmate to the prison upon the completion of the proceedings and during any adjournments or continuances and between the preliminary examination and the trial, except that, if the department of corrections certifies a jail as being suitable to detain the prisoner inmate, he or she may be detained there until the court disposes of the case. The prisoner's inmate's existing sentence continues to run and he or she receives time credit under s. 302.11 while in custody.

SB82,750 Section 750. 971.11 (7) of the statutes is amended to read:

SB82,233,23 971.11 (7) If the district attorney moves to dismiss any pending case or if it is not brought on for trial to which a request under sub. (1) relates or does not bring the case on for trial within the time specified in sub. (2) or (3), the case court shall be dismissed dismiss the case unless the defendant has escaped or otherwise prevented the trial, in which case the request for disposition of the case shall be deemed withdrawn and of no further legal effect. Nothing in this section prevents a trial after the period specified in sub. (2) or (3) if a trial commenced within such period terminates in a mistrial or a new trial is granted.

SB82,751 Section 751. 971.12 (title) of the statutes is renumbered 970.13 (title).

SB82,752 Section 752. 971.12 (1) and (2) of the statutes are renumbered 970.13 (1) (intro.) and (2) and amended to read:

SB82,234,6 970.13 (1) Joinder of crimes. (intro.) Two or more crimes may be charged in the same complaint, or information or indictment in a separate count for each crime if the crimes charged, whether felonies or misdemeanors, or both, if each is described in a separate count and if any of the following applies:

SB82,234,7 (a) The crimes are of the same or similar character or.

SB82,234,8 (b) The crimes are based on the same act or transaction or on 2.

SB82,234,11 (c) The crimes are based on 2 or more acts or transactions connected together or constituting parts of a common scheme or plan. When a misdemeanor is joined with a felony, the trial shall be in the court with jurisdiction to try the felony.

SB82,234,17 (2) Joinder of defendants. Two or more defendants may be charged in the same complaint, or information or indictment if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting one or more crimes. Such defendants may be charged in one or more counts together or separately and all of the defendants need not be charged in each count.

SB82,753 Section 753. 971.12 (3) of the statutes is renumbered 971.68 (2) and amended to read:

SB82,235,2 971.68 (2) Relief from prejudicial joinder. If it appears that a defendant or the state is prejudiced by a joinder of crimes or of defendants in a complaint, information or indictment or by such joinder for trial together, the court may order separate trials of counts, grant a severance of charges or defendants or provide whatever other relief justice requires. The district attorney shall advise the court prior to trial if the district attorney intends to use the statement of a codefendant which implicates another defendant in the crime charged. Thereupon, the judge shall grant a severance as to any such defendant.

SB82,754 Section 754. 971.12 (4) of the statutes is renumbered 971.67, and 971.67 (title), as renumbered, is amended to read:

SB82,235,5 971.67 (title) Trial together Joint trial of separate charges.

SB82,755 Section 755. 971.13 of the statutes is renumbered 975.30, and 975.30 (3) and (4), as renumbered, are amended to read:

SB82,235,11 975.30 (3) The fact that a defendant is not competent to proceed does not preclude any legal objection to the prosecution under s. 971.31 which 971.65 that is susceptible of fair determination prior to trial and without the personal participation of the defendant.

SB82,235,16 (4) The fact that a defendant is not competent to proceed does not preclude a hearing under s. 968.38 968.725 (4) or (5) unless the court cannot fairly make the probable cause finding required to be made at the hearing cannot be fairly made under s. 968.725 (4) or (5), whichever is applicable, without the personal participation of the defendant.

SB82,756 Section 756. 971.14 (title) of the statutes is repealed.

SB82,757 Section 757. 971.14 (1g) of the statutes is repealed.

SB82,758 Section 758. 971.14 (1r) (title) of the statutes is repealed.

SB82,759 Section 759. 971.14 (1r) (a) of the statutes is renumbered 975.31 (1).

SB82,760 Section 760. 971.14 (1r) (b) of the statutes is renumbered 975.31 (3) and amended to read:

SB82,236,2 975.31 (3) If reason to doubt a defendant's competency to proceed arises after the defendant has been bound over for trial after a preliminary examination, or after a finding of guilty has been rendered by the jury or made by the court, a guilt, no probable cause determination shall not be finding is required and the court shall proceed order an examination of the defendant under sub. (2) s. 975.32.

SB82,761 Section 761. 971.14 (1r) (c) of the statutes is renumbered 975.31 (2) and amended to read:

SB82,236,16 975.31 (2) Except as provided in par. (b) sub. (3), the court shall not proceed under sub. (2) s. 975.32 until it has found that it is probable that the defendant committed the offense charged. The finding may be based upon the complaint or, if the defendant submits an affidavit alleging with particularity that the averments of the complaint are materially false, upon the complaint and the evidence presented at a hearing ordered by the court. The defendant may call and cross-examine witnesses at a hearing under this paragraph subsection but the court shall limit the issues and witnesses to those required for determining probable cause. Upon a showing by the proponent of good cause under s. 807.13 (2) (c), testimony may be received into the record of the hearing by telephone or live audiovisual means. If the court finds that any charge lacks probable cause, it shall dismiss the charge without prejudice and release the defendant except as provided in s. 971.31 (6) 971.65 (5).

SB82,762 Section 762. 971.14 (2) (title) of the statutes is repealed.

SB82,763 Section 763. 971.14 (2) (a) of the statutes is renumbered 975.32 (1) and amended to read:

SB82,237,5 975.32 (1) If an examination of a defendant is required under s. 975.31, the court shall order an examination into competency. The court shall may order the department to conduct the examination or may appoint one or more examiners having the specialized knowledge determined by the court to be appropriate to examine and report upon the condition of the defendant. If an inpatient examination is determined by the court to be necessary, the defendant may be committed to a suitable mental health facility for the examination period specified in par. (c), which shall be deemed days spent in custody under s. 973.155. If the examination is to be conducted by the department, the court shall order the individual to the facility designated by the department the court orders the department to conduct an examination, the department may select the examiner.

SB82,764 Section 764. 971.14 (2) (am) of the statutes is repealed.

SB82,765 Section 765. 971.14 (2) (b) of the statutes is renumbered 975.32 (3) and amended to read:

SB82,237,14 975.32 (3) If the defendant has been released on bail from custody, the court shall order an outpatient examination, except that the court may not order an involuntary inpatient examination unless if the defendant consents to an inpatient examination, the defendant fails to cooperate in the an outpatient examination, or the examiner informs the court that inpatient observation is necessary for an adequate examination.

SB82,766 Section 766. 971.14 (2) (c) of the statutes is renumbered 975.32 (6) (a) and amended to read:

SB82,238,2 975.32 (6) (a) Inpatient examinations shall be completed and the report of examination filed An examiner ordered to conduct an inpatient examination under this section shall complete the examination and file a report of the examination within 15 days after the examination is ordered or as specified in par. (am), whichever is applicable, unless, for good cause, the facility or examiner appointed by the court cannot complete the examination within this period and requests an extension. In that case, if the department is the examiner, within 15 days after the defendant arrives at the inpatient facility. If the examiner cannot complete the examination within 15 days and requests an extension, the court may for good cause allow one 15-day extension of the examination period. Outpatient examinations shall be completed and the report of examination filed

SB82,238,5 (b) An examiner ordered to conduct an outpatient examination under this section shall complete the examination and file a report of the examination within 30 days after the examination is ordered.

SB82,767 Section 767. 971.14 (2) (d) of the statutes is renumbered 975.32 (5) and amended to read:

SB82,238,17 975.32 (5) If the court orders that the examination be conducted on an inpatient basis a defendant in custody is subject to an inpatient examination ordered under this section, the sheriff of the county in which the court that ordered the examination is located shall transport any the defendant not free on bail to the examining facility where the examination will take place within a reasonable time after the examination is ordered and shall transport return the defendant to the jail within a reasonable time after the examination is completed. The examining facility shall notify the sheriff and county the department of community programs of for the county in which the court is located receive notice from the examining facility that when the examination has been is completed.

SB82,768 Section 768. 971.14 (2) (e) of the statutes is renumbered 975.32 (8) and amended to read:

SB82,238,22 975.32 (8) The An examiner shall personally observe and examine the defendant and shall have access to his or her the defendant's past or and present treatment records, as defined under s. 51.30 (1) (b).

SB82,769 Section 769. 971.14 (2) (f) of the statutes is renumbered 975.32 (9).

SB82,770 Section 770. 971.14 (2) (g) of the statutes is renumbered 975.32 (11) and amended to read:

SB82,239,7 975.32 (11) The defendant also may be examined for competency purposes at any stage of the competency proceedings by physicians or other experts designated by the court or chosen by the defendant or by the district attorney, who shall be permitted reasonable access to the defendant for purposes of the examination. Any party who intends to call an expert designated or chosen under this subsection as a witness shall furnish a copy of the expert's report to the opposing party within a reasonable period of time.

SB82,771 Section 771. 971.14 (3) (intro.) of the statutes is renumbered 975.33 (1) (intro.) and amended to read:

SB82,239,12 975.33 (1) Report Contents. (intro.) The Each court-appointed examiner shall submit to the court a written report which shall include that includes all of the following:

SB82,772 Section 772. 971.14 (3) (a) and (b) of the statutes are renumbered 975.33 (1) (a) and (b).

SB82,773 Section 773. 971.14 (3) (c) of the statutes is renumbered 975.33 (1) (c) and amended to read:

SB82,239,18 975.33 (1) (c) The examiner's opinion regarding the defendant's present mental capacity to understand the criminal proceedings and assist in his or her defense.

SB82,774 Section 774. 971.14 (3) (d) of the statutes is renumbered 975.33 (1) (d) (intro.) and amended to read:

SB82,239,22 975.33 (1) (d) (intro.) If the examiner reports that the defendant lacks competency, the is not competent to proceed, all of the following:

SB82,240,2 1. The examiner's opinion regarding the likelihood that the defendant, if provided treatment, may be restored to competency become competent within the time maximum period permitted under sub. (5) (a). The examiner shall provide an of commitment, as defined in s. 975.34 (6) (a).

SB82,240,7 2. The examiner's opinion as to whether the defendant's treatment should occur be provided in an inpatient facility designated by the department, in a community-based treatment program under the supervision of the department, or in a jail or a locked unit of a facility that has entered into a voluntary agreement with the state to serve as a location for treatment.

SB82,775 Section 775. 971.14 (3) (dm) (intro.) of the statutes is renumbered 975.33 (1) (e) and amended to read:

SB82,240,17 975.33 (1) (e) If sufficient information is available to the examiner to reach an opinion, the examiner's opinion on whether the defendant needs medication or treatment and whether the defendant is not competent to refuse medication or treatment. The defendant is not competent to refuse medication or treatment if, because of mental illness, developmental disability, alcoholism or drug dependence, and after the advantages and disadvantages of and alternatives to accepting the particular medication or treatment have been explained to the defendant, one of the following is true:

SB82,776 Section 776. 971.14 (3) (dm) 1. and 2. of the statutes are repealed.

SB82,777 Section 777. 971.14 (3) (e) of the statutes is renumbered 975.33 (1) (g) and amended to read:

SB82,240,22 975.33 (1) (g) The facts and reasoning, in reasonable detail, upon which the required findings and opinions under pars. (b) to (dm) are based.

SB82,778 Section 778. 971.14 (4) (title) of the statutes is repealed.

SB82,779 Section 779. 971.14 (4) (a) of the statutes is renumbered 975.33 (2) and amended to read:

SB82,241,12 975.33 (2) Disclosure. The court shall cause copies of the examiner's report to be delivered forthwith immediately to the district attorney and the defense counsel, to the defendant's attorney or the defendant personally if not represented by counsel. Upon the request of the sheriff or jailer charged with care and control of the jail in which the defendant is being held pending or during a trial or sentencing proceeding, the court shall cause a copy of the report to be delivered to the sheriff or jailer. The sheriff or jailer may provide a copy of the report to the person who is responsible for maintaining medical records for inmates of the jail, or to a nurse licensed under ch. 441, or to a physician or physician assistant licensed under subch. II of ch. 448 who is a health care provider for the defendant or who is responsible for providing health care services to inmates of the jail. The report shall not be otherwise disclosed prior to before the hearing under this subsection s. 975.34.

SB82,780 Section 780. 971.14 (4) (b) of the statutes is repealed.

SB82,781 Section 781. 971.14 (4) (c) of the statutes is repealed.

SB82,782 Section 782. 971.14 (4) (d) of the statutes is repealed.

SB82,783 Section 783. 971.14 (5) (title) of the statutes is repealed.

SB82,784 Section 784. 971.14 (5) (a) 1., 2. and 3. of the statutes are renumbered 975.34 (7) (a), (b) and (c) and amended to read:

SB82,242,7 975.34 (7) (a) If the court determines that the defendant is not competent but is likely to become competent within the period specified in this paragraph if provided with appropriate treatment sub. (6) (b) 3. applies, the court shall suspend the proceedings and commit the defendant to the custody of the department for treatment for a period not to exceed 12 months, or the maximum sentence specified for the most serious offense with which the defendant is charged, whichever is less the maximum period of commitment, as defined in sub. (6) (a). The department shall determine whether the defendant will receive treatment in an appropriate institution designated by the department, while under the supervision of the department in a community-based treatment program under contract with the department, or in a jail or a locked unit of a facility that has entered into a voluntary agreement with the state to serve as a location for treatment. The sheriff shall transport the defendant to the institution, program, jail, or facility, as determined by the department.

SB82,242,13 (b) If, under subd. 1. par. (a), the department commences services treatment to a defendant in jail or in a locked unit, the department shall, as soon as possible, transfer the defendant to an institution or provide services treatment to the defendant in a community-based treatment program consistent with this subsection. The court shall order a defendant who is committed under this subsection to undergo periodic reexaminations as provided in s. 975.36.

SB82,242,17 (c) Days spent in commitment under this paragraph subsection are considered days spent in custody under s. 973.155. The court shall make and enter a specific finding of the number of days spent in custody and include that finding in the commitment order.

SB82,785 Section 785 . 971.14 (5) (a) 4. of the statutes is renumbered 975.34 (7) (d) and amended to read:

SB82,243,4 975.34 (7) (d) A defendant under the supervision of the department placed under this paragraph subsection in a community-based treatment program is in the custody and control of the department, subject to any conditions set by the department. If the department believes that the defendant under supervision has violated a condition, or that permitting the defendant to remain in the community jeopardizes the safety of the defendant or another person, the department may designate an institution at which the treatment shall occur and may request that the court reinstate the proceedings, order the defendant transported by the sheriff to the designated institution, and suspend proceedings commit the defendant to custody consistent with subd. 1. par. (a).

SB82,786 Section 786. 971.14 (5) (am) of the statutes is renumbered 975.35 and amended to read:

SB82,244,7 975.35 Post-commitment motion on capacity to refuse medication or treatment. If the a defendant committed under s. 975.34 (7) is not subject to a court order determining finding the defendant to be not competent to refuse medication or treatment for the defendant's mental condition and if the department determines that the defendant should be subject to such a court order, the department may file a motion with the court, with notice to the counsel for the defendant, the defendant, and the district attorney, a motion for a hearing, under the standard specified in sub. (3) (dm), on to determine whether the defendant is not competent to refuse medication or treatment. A report on which the motion is based shall accompany the motion and notice of motion and shall include a statement The department shall submit with the motion a report that is based on an examination of the defendant by a licensed physician, that is signed by a licensed physician, and that asserts that the defendant needs medication or treatment and that the defendant is not competent to refuse medication or treatment, based on an examination of the defendant by a licensed physician. The department shall provide notice of any motion filed under this section, and a copy of the report submitted with the motion, to the defendant, the defendant's attorney, and the district attorney. Within 10 days after the department files a motion is filed under this paragraph section, the court shall, under the procedures and standards specified in sub. (4) (b), hold a hearing without a jury to determine whether the defendant's competency defendant is not competent to refuse medication or treatment for the defendant's mental condition. At the hearing, the department must prove by clear and convincing evidence that the defendant is not competent to refuse medication or treatment. At the request of the defendant, the defendant's counsel attorney, or the district attorney, the hearing may be postponed, but in no case may the postponed hearing be held more than 20 days after a motion is filed under this paragraph section.

SB82,787 Section 787 . 971.14 (5) (b) of the statutes is renumbered 975.36 (1) and amended to read:

SB82,245,7 975.36 (1) Reexamination time limits. The defendant department shall be periodically reexamined by the department examiners. Written reports of examination shall be furnished to the court reexamine a defendant who remains committed under s. 975.34 (7), and at 3 months after commitment, 6 months after commitment, and 9 months after commitment and within 30 days prior to before the expiration of the commitment. Each order shall submit a written report to the court on the defendant's mental condition. In each report, the department shall indicate either that whether the defendant has become competent, that the defendant remains incompetent but that attainment of competency to proceed and, if the defendant has not become competent, whether the defendant is likely to become competent within the remaining commitment period, or that the defendant has not made such progress that attainment of competency is likely within the remaining commitment period. Any report indicating such a lack of sufficient progress shall include the examiner's opinion regarding whether the defendant is mentally ill, alcoholic, drug dependent, developmentally disabled or infirm because of aging or other like incapacities. If the defendant is not likely to become competent within the remaining commitment period, the department shall also report whether the defendant meets the criteria for commitment under ch. 51 or 55. The court shall schedule a date certain for the review of the reports. If the department indicates in the report that the defendant has become competent or that the defendant is not competent and is unlikely to become competent within the remaining commitment period, the court shall hold the review within 14 days after the court receives the report.

SB82,788 Section 788. 971.14 (5) (c) of the statutes is renumbered 975.36 (3) and amended to read:

SB82,245,21 975.36 (3) Determining competency. Upon receiving a report under par. (b) indicating the defendant has regained competency or is not competent and unlikely to become competent in the remaining commitment period, the court shall hold a hearing within 14 days of receipt of the report and sub. (1) or (2), the court shall proceed under sub. (4) s. 975.34. At or before the scheduled hearing, unless good cause is shown, the court may, at the request of the defendant or the district attorney, delay the hearing for no more than 28 days to allow for the completion of an independent evaluation and then the court shall proceed under s. 975.34. If the court determines that the defendant has become competent, the defendant shall be discharged from commitment and the criminal proceeding shall be resumed. If the court determines that the defendant is making sufficient progress toward becoming competent, the commitment shall continue.