AB295,5,66
971.06
(1) (am) Guilty but mentally ill, subject to s. 971.163.
AB295, s. 7
7Section
7. 971.15 (1) of the statutes is renumbered 971.15 (1r).
AB295, s. 8
8Section
8. 971.15 (1g) (b) of the statutes is created to read:
AB295,5,119
971.15
(1g) (b) In ss. 971.15 to 971.165, "mental illness" or "mentally ill" means
10a substantial disorder of thought, mood or behavior that afflicted a person at the time
11that he or she engaged in criminal conduct and that impaired the person's judgment.
AB295, s. 9
12Section
9. 971.15 (2) of the statutes is renumbered 971.15 (1g) (a).
AB295, s. 10
13Section
10. 971.15 (2m) of the statutes is created to read:
AB295,5,1814
971.15
(2m) A person is not relieved of criminal responsibility and may be
15found guilty but mentally ill if, at the time the person engaged in criminal conduct,
16he or she was suffering from a mental illness but did not lack substantial capacity
17either to appreciate the wrongfulness of his or her conduct or conform his or her
18conduct to the requirements of law as a result of mental disease or defect.
AB295, s. 11
19Section
11. 971.16 (3) of the statutes is amended to read:
AB295,6,1320
971.16
(3) Not less than 10 days before trial, or at any other time that the court
21directs, any physician or psychologist appointed under sub. (2) shall file a report of
22his or her examination of the defendant with the judge, who shall cause copies to be
23transmitted to the district attorney and to counsel for the defendant.
The Except as
24provided in s. 971.163 (2) (a) and (3), the contents of the report shall be confidential
25until the physician or psychologist has testified or at the completion of the trial. The
1report shall contain an opinion regarding the ability of the defendant to appreciate
2the wrongfulness of the defendant's conduct or to conform the defendant's conduct
3with the requirements of law at the time of the commission of the criminal offense
4charged and, if sufficient information is available to the physician or psychologist to
5reach an opinion, his or her opinion on whether the defendant needs medication or
6treatment and whether the defendant is not competent to refuse medication or
7treatment for the defendant's mental condition. The defendant is not competent to
8refuse medication or treatment if, because of mental illness, developmental
9disability, alcoholism or drug dependence, the defendant is incapable of expressing
10an understanding of the advantages and disadvantages of accepting medication or
11treatment, and the alternatives to accepting the particular medication or treatment
12offered, after the advantages, disadvantages and alternatives have been explained
13to the defendant.
AB295, s. 12
14Section
12. 971.163 of the statutes is created to read:
AB295,6,19
15971.163 Entry of plea of guilty but mentally ill. (1) If a defendant has
16entered a plea of not guilty by reason of mental disease or defect and has been
17examined under s. 971.16, the defendant may waive his or her right to a trial under
18s. 971.165 and, with the approval of the district attorney, enter a plea of guilty but
19mentally ill in lieu of a plea of guilty or no contest.
AB295,6,21
20(2) The court may accept a plea of guilty but mentally ill under sub. (1) only
21if all of the following apply:
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(a) The court, with the defendant's consent, has reviewed the reports of all the
23examinations conducted under s. 971.16.
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(b) The court holds a hearing on the issue of the defendant's mental illness at
25which the parties may present evidence.
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1(c) Based on the review of reports under par. (a) and the hearing held under par.
2(b), the court is satisfied that the defendant was mentally ill at the time that he or
3she committed the criminal offense charged.
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4(3) If the court reviews a report under sub. (2) (a), the court shall make the
5report a part of the record of the case.
AB295, s. 13
6Section
13. 971.165 (2) of the statutes is renumbered 971.165 (2) (intro.) and
7amended to read:
AB295,7,98
971.165
(2) (intro.) If the plea of not guilty by reason of mental disease or defect
9is tried to a jury, the court shall inform the jury
that of all of the following:
AB295,7,15
10(a) That the effect of a verdict of not guilty by reason of mental disease or defect
11is that, in lieu of criminal sentence or probation, the defendant will be committed to
12the custody of the department of health and social services and will be placed in an
13appropriate institution unless the court determines that the defendant would not
14pose a danger to himself or herself or to others if released under conditions ordered
15by the court.
AB295,7,17
16(2m) No verdict on the plea of not guilty by reason of mental disease or defect
17may be valid or received unless agreed to by at least five-sixths of the jurors.
AB295, s. 14
18Section
14. 971.165 (2) (b) of the statutes is created to read:
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971.165
(2) (b) That the jury may find the defendant guilty but mentally ill if
20the jury finds all of the following:
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1. That, beyond a reasonable doubt, the defendant did not lack substantial
22capacity either to appreciate the wrongfulness of his or her conduct or conform his
23or her conduct to the requirements of law as a result of mental disease or defect.
AB295,7,2524
2. That, to a reasonable certainty by the greater weight of the credible evidence,
25the defendant was mentally ill at the time that he or she committed the offense.
AB295, s. 15
1Section
15. 971.165 (2) (c) of the statutes is created to read:
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971.165
(2) (c) That the effect of a verdict of guilty but mentally ill is that the
3defendant will receive a criminal sentence or probation and may be required to
4undergo treatment for his or her mental illness.
AB295, s. 16
5Section
16. 971.165 (3) (am) of the statutes is created to read:
AB295,8,86
971.165
(3) (am) If a defendant is found guilty but mentally ill, the court shall
7enter a judgment of conviction and shall either impose or withhold sentence under
8s. 973.017.
AB295, s. 17
9Section
17. 973.017 of the statutes is created to read:
AB295,8,16
10973.017 Sentence of person found guilty but mentally ill. (1) If a
11defendant is found guilty but mentally ill under s. 971.163 or 971.165, the court, by
12order, may impose sentence under this chapter, withhold sentence, or impose
13sentence under s. 973.15 and stay its execution. Except as provided in s. 973.09 (1)
14(c) or if probation is prohibited for a particular offense by statute, if the court
15withholds sentence or imposes sentence and stays its execution for an offense, the
16court may place the person on probation under s. 973.09.
AB295,8,18
17(2) If the court places a defendant who is found guilty but mentally ill in the
18custody of the department of corrections, the court shall order all of the following:
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(a) That the department of corrections, or a person designated by the
20department of corrections, evaluate the defendant to determine the defendant's
21treatment needs.
AB295,8,2322
(b) That the department of corrections provide or arrange for the provision of
23appropriate treatment, if necessary, for the defendant's mental illness.
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24(3) (a) If a defendant who is found guilty but mentally ill is serving a sentence
25of imprisonment or is confined as a condition of probation, he or she may be
1transferred or committed for treatment to the department of health and social
2services under s. 51.20 (1) (a) or (ar) or 51.37 (5). Any time spent by the defendant
3in a state treatment facility due to a transfer or commitment under s. 51.20 (1) (a)
4or (ar) or 51.37 (5) shall be included as part of the individual's sentence.
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(b) A defendant who is transferred or committed to a state treatment facility
6under par. (a) during the period of his or her imprisonment or confinement and who
7is discharged from the inpatient treatment facility after his or her release date as
8determined under s. 302.11 is subject to s. 302.11 (6m).
AB295, s. 18
9Section
18. 973.09 (2) (a) 1. of the statutes is amended to read:
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973.09
(2) (a) 1. Except as provided in subd. 2.
and par. (c), for misdemeanors,
11not less than 6 months nor more than 2 years.
AB295, s. 19
12Section
19. 973.09 (2) (b) 1. of the statutes is amended to read:
AB295,9,1513
973.09
(2) (b) 1. Except as provided in subd. 2.
and par. (c), for felonies, not less
14than one year nor more than either the statutory maximum term of imprisonment
15for the crime or 3 years, whichever is greater.
AB295, s. 20
16Section
20. 973.09 (2) (c) of the statutes is created to read:
AB295,9,1817
973.09
(2) (c) If the probationer was found guilty but mentally ill under s.
18971.163 or 971.165, not less than 5 years.
AB295, s. 21
19Section
21. 973.09 (6) of the statutes is created to read:
AB295,9,2120
973.09
(6) If a defendant who is found guilty but mentally ill under s. 971.163
21or 971.165 is placed on probation, all of the following apply:
AB295,9,2222
(a) The court shall do all of the following:
AB295,9,2523
1. Order the department of corrections, or a person designated by the
24department of corrections, to evaluate the defendant to determine the defendant's
25treatment needs.
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12. Order that the department of corrections provide or arrange for the provision
2of appropriate treatment, if necessary, that is recommended as a result of the
3evaluation under subd. 1.
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3. Order as a condition of probation that the defendant undergo the evaluation
5required under subd. 1. and that he or she receive the appropriate mental health
6treatment, if necessary, that is recommended as a result of that evaluation.
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(b) Treatment required under par. (a) as a condition of probation may be
8provided by any state or local agency or, if approved by the department, by a private
9physician, psychologist, mental health worker or mental health agency.
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(c) If the defendant is required to receive treatment under par. (a), the person
11treating the defendant shall, once every 90 days, file with the court and the
12department a written report concerning the defendant's condition and treatment.
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(d) The defendant may be committed for treatment to the department of health
14and social services under s. 51.20 (1) (a).
AB295,10,17
16(1) This act first applies to offenses committed on the effective date of this
17subsection.