AB90: Bill Text

AB90,245,21 975.36 (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.

AB90,789 Section 789. 971.14 (5) (d) of the statutes is renumbered 975.36 (5) and amended to read:

AB90,246,2 975.36 (5) Medication to maintain competency. If the defendant is receiving medication, the court may make appropriate orders for the continued administration of the medication in order to maintain the competence of the defendant for the duration of the proceedings.

AB90,246,6 (6) Subsequent incompetency. If a defendant who has been restored to competency thereafter again becomes incompetent, the maximum commitment period under par. (a) s. 975.34 (6) shall be 18 months minus the days spent in previous commitments under this subsection s. 975.34, or 12 months, whichever is less.

AB90,790 Section 790. 971.14 (6) (title) of the statutes is repealed.

AB90,791 Section 791. 971.14 (6) (a) of the statutes is repealed.

AB90,792 Section 792. 971.14 (6) (b) of the statutes is renumbered 975.38 (1) and amended to read:

AB90,247,7 975.38 (1) When the court finds under s. 975.34 (6) (b) 1. that a defendant is not likely to become competent, or discharges a defendant from commitment under par. (a) s. 975.36 (4), it may order that the defendant be taken immediately into custody by a law enforcement official and promptly delivered to a facility specified in s. 51.15 (2), an approved public treatment facility under s. 51.45 (2) (c), or an appropriate medical or protective placement facility. Thereafter, detention of the defendant shall be governed by s. 51.15, 51.45 (11), or 55.135, as appropriate. The district attorney or corporation counsel may prepare a statement meeting that satisfies the requirements of s. 51.15 (4) or (5), 51.45 (13) (a), or 55.135 based on the allegations of the criminal complaint and the evidence in the case. This statement shall be given If an attorney prepares such a statement, he or she shall provide a copy of the statement to the director of the facility to which the defendant is delivered and filed file the statement with the branch of circuit court assigned to exercise criminal jurisdiction in the county in which the criminal charges are pending , where it shall. The filed statement shall suffice, without corroboration by other petitioners, as a petition for commitment under s. 51.20 or 51.45 (13) or a petition for protective placement under s. 55.075. This section subsection does not restrict the power of the branch of circuit court in which the petition statement is filed to transfer the matter to the branch of circuit court assigned to exercise jurisdiction under ch. 51 in the county. Days spent in commitment or protective placement pursuant to a petition under this paragraph shall not be deemed subsection do not count as days spent in custody under s. 973.155.

AB90,793 Section 793. 971.14 (6) (c) of the statutes is renumbered 975.38 (2) and amended to read:

AB90,247,20 975.38 (2) If a person defendant is committed under s. 51.20 pursuant to a petition under par. (b) sub. (1), the county department under s. 51.42 or 51.437 to whose care and custody the person defendant is committed shall notify the court which that released the defendant under s. 975.34 (6) (b) 1. or discharged the person defendant under par. (a) s. 975.36 (4), the district attorney for the county in which that court is located, and the person's defendant's attorney of record in the prior suspended criminal proceeding at least 14 days prior to before transferring or discharging the defendant from an inpatient treatment facility and at least 14 days prior to before the expiration of the order of commitment or any subsequent consecutive order, unless the department or county department or the department of health services has applied for an extension of the order.

AB90,794 Section 794. 971.14 (6) (d) of the statutes is renumbered 975.38 (3) and amended to read:

AB90,248,10 975.38 (3) Counsel who have received receive notice under par. (c) sub. (2) or who otherwise obtain information that a defendant released under s. 975.34 (6) (b) 1. or discharged under par. (a) s. 975.36 (4) may have become competent to proceed in a criminal case may move the court to order that the defendant undergo a competency examination under sub. (2) s. 975.32. If the court so orders, a report shall be filed under sub. (3) and a hearing held under sub. (4) orders an examination under s. 975.32, the examiner shall file a report under s. 975.33 and the court shall proceed under s. 975.34. If the court determines that the defendant is competent to proceed, the court shall resume the criminal proceeding shall be resumed. If the court determines that the defendant is not competent to proceed, it shall release him or her the defendant but may impose such reasonable nonmonetary conditions as will on the defendant to protect the public and enable the court and district attorney to discover whether the person defendant subsequently becomes competent.

AB90,795 Section 795. 971.15 of the statutes is renumbered 975.50, and 975.50 (2), as renumbered, is amended to read:

AB90,248,15 975.50 (2) As used in this chapter, the terms term "mental disease or defect" do does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.

AB90,796 Section 796. 971.16 (title) of the statutes is renumbered 975.51 (title).

AB90,797 Section 797. 971.16 (1) of the statutes is repealed.

AB90,798 Section 798. 971.16 (2) of the statutes is renumbered 975.51 (1) and amended to read:

AB90,249,3 975.51 (1) If the a defendant has entered enters a plea of not guilty by reason of mental disease or defect or there is other reason to believe that the defendant has a mental disease or defect of the defendant will otherwise that will become an issue in the case, the court may appoint at least one physician or at least one psychologist, but and not more than 3 physicians or psychologists or a combination thereof, to examine the defendant and to testify at the trial. If the court appoints a physician or psychologist under this section, the court shall inform the jury, if there is one, that the court appointed the physician or psychologist and shall permit both parties to cross-examine the physician or psychologist.

AB90,249,7 (2) (a) The compensation of the physicians or psychologists shall be fixed by the court and paid by court shall set the fee for an examination conducted by a physician or psychologist appointed under sub. (1) and the county, upon the order of the court, shall pay the fee as part of the costs of the action. The receipt by any

AB90,249,16 (b) A physician or psychologist summoned under this section of any other compensation than that so fixed by the court and paid by the county, or the offer or promise by any person to pay such other compensation, is unlawful and may not accept compensation other than the fee under par. (a), for conducting an examination under sub. (1) and no person may offer or promise to pay the physician or psychologist other compensation for the examination. Violation of this paragraph is punishable as contempt of court. The fact that the physician or psychologist has been appointed by the court shall be made known to the jury and the physician or psychologist shall be subject to cross-examination by both parties.

AB90,799 Section 799. 971.16 (3) (intro.) of the statutes is renumbered 975.51 (3) and amended to read:

AB90,250,13 975.51 (3) Not less than 10 days before trial, or at any other time that the court directs a different time if directed by the court, any physician or psychologist appointed under sub. (2) (1) shall file a written report of his or her examination of the defendant with the judge, who court, and the court shall cause copies of the report to be transmitted to the district attorney and to counsel for the defendant. The contents of the report shall be confidential until the physician or psychologist has testified or at the completion of the trial the defendant's attorney. The report shall contain an the physician's or psychologist's opinion regarding the ability of the defendant to appreciate the wrongfulness of the defendant's conduct or to conform the defendant's conduct with the requirements of law at the time of the commission of the criminal offense charged and, if sufficient information is available to the physician or psychologist to reach an opinion, his or her 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: contents of the report shall be confidential until the physician or psychologist has testified or until the completion of the trial.

AB90,800 Section 800. 971.16 (3) (a) of the statutes is repealed.

AB90,801 Section 801. 971.16 (3) (b) of the statutes is repealed.

AB90,802 Section 802. 971.16 (4) of the statutes is renumbered 975.51 (4) (a) and amended to read:

AB90,251,7 975.51 (4) (a) If the defendant wishes to be examined by a physician, psychologist, or other expert of his or her own choice, the examiner shall be permitted to have reasonable access to the defendant for the purposes of examination. No testimony An examiner selected by the defendant may not testify at trial regarding the mental condition of the defendant shall be received from a physician, psychologist or expert witness summoned by the defendant unless not less than the examiner provides a report of his or her examination of the defendant to the district attorney at least 15 days before trial a report of the examination has been transmitted to the district attorney and unless the prosecution state has been afforded an opportunity   , if it requests one within a reasonable time before trial, to examine and observe the defendant if the opportunity has been seasonably demanded. The state may summon a physician, psychologist or other expert to testify, but that witness shall not give testimony unless not less than 15 days before trial a written report of his or her examination of the defendant has been transmitted to counsel for the defendant.

AB90,803 Section 803. 971.16 (5) of the statutes is renumbered 975.51 (5) (a) and amended to read:

AB90,252,3 975.51 (5) (a) If Except as provided in par. (b), if a physician, psychologist, or other expert who has examined the defendant testifies concerning regarding the defendant's mental condition, he or she shall be permitted to make a statement as to the nature of his or her examination, his or her diagnosis of the mental condition of the defendant at the time of the commission of the offense charged, his or her opinion as to the ability of the defendant to appreciate the wrongfulness of the defendant's conduct or to conform to the requirements of law and, if sufficient information is available to the physician, psychologist, or expert to reach an opinion, his or her opinion on whether the defendant needs medication or treatment and whether the defendant is not competent to refuse medication or treatment for the defendant's mental condition. Testimony concerning the defendant's need for medication or treatment and competence to refuse medication or treatment may not be presented before the 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. The physician, psychologist, or other expert shall be permitted to make an explanation reasonably serving that reasonably serves to clarify his or her diagnosis and opinion and may be cross-examined as to any matter bearing on his or her competency or credibility or the validity of his or her diagnosis or opinion.

AB90,804 Section 804. 971.16 (6) of the statutes is renumbered 975.51 (6) and amended to read:

AB90,252,8 975.51 (6) Nothing in this section shall require the attendance at the trial of any requires a physician, psychologist, or other expert witness to attend the trial for any purpose other than the giving of to give his or her testimony.

AB90,805 Section 805. 971.165 (title) of the statutes is renumbered 975.52 (title).

AB90,806 Section 806. 971.165 (1) of the statutes is renumbered 975.52 (2), and 975.52 (2) (intro.) and (c) (intro.), 2. and 3., as renumbered, are amended to read:

AB90,252,14 975.52 (2) Joined with a plea of not guilty. (intro.) If a defendant couples joins a plea of not guilty with a plea of not guilty by reason of mental disease or defect, all of the following apply:

AB90,252,16 (c) (intro.) If both pleas are tried to a jury, that jury shall be the same, except that all of the following apply:

AB90,252,19 2. If the jury is discharged prior to reaching a verdict on the 2nd plea, the defendant shall not solely on that account be entitled to a redetermination of the first plea and a different jury of 12 may be selected to determine the 2nd plea only.

AB90,252,23 3. If an appellate court reverses a judgment as to the 2nd plea but not as to the first plea and remands for further proceedings, or if the trial circuit court vacates the judgment as to the 2nd plea but not as to the first plea, the 2nd plea may be determined by a different jury selected for this purpose.

AB90,807 Section 807. 971.165 (2) of the statutes is renumbered 975.52 (3) and amended to read:

AB90,253,10 975.52 (3) Informing jury of effect of verdict. If the plea of not guilty by reason of mental disease or defect is tried to a jury, the court shall inform the jury that the effect of a verdict of not guilty by reason of mental disease or defect is that, in lieu of criminal sentence or probation, the defendant will be committed to the custody of the department of health services and will be placed in an appropriate institution unless the court determines that the defendant would not pose a danger to himself or herself or to others if released under conditions ordered by the court. No A verdict on the a plea of not guilty by reason of mental disease or defect may be that is tried by a jury is not valid or and may not be received unless agreed to by at least five-sixths of the jurors.

AB90,808 Section 808. 971.165 (3) (a) of the statutes is renumbered 975.52 (4) (a) and amended to read:

AB90,253,15 975.52 (4) (a) If a defendant is not found not guilty by reason of mental disease or defect, the court shall enter grant a judgment of conviction and shall either impose or withhold sentence under s. 972.13 (2) 972.28 (1).

AB90,809 Section 809. 971.165 (3) (b) of the statutes is renumbered 975.52 (4) (b) and amended to read:

AB90,253,25 975.52 (4) (b) If a defendant is found not guilty by reason of mental disease or defect, the court shall enter a judgment of not guilty by reason of mental disease or defect. The court shall thereupon and proceed under s. 971.17 975.55. A judgment entered under this paragraph is interlocutory to the commitment order entered under s. 971.17 and reviewable upon appeal therefrom 975.57 is the final order in the case and is appealable as a matter of right under s. 808.03 (1). Upon appeal of the commitment order, all properly preserved issues may be raised, including those relating to the guilt phase of the trial.

AB90,810 Section 810. 971.17 (title) of the statutes is renumbered 975.57 (title).

AB90,811 Section 811. 971.17 (1) of the statutes is renumbered 975.57 (2), and 975.57 (2) (a) to (d), as renumbered, are amended to read:

AB90,254,11 975.57 (2) (a) Felonies committed before July 30, 2002. Except as provided in par. (c), when a defendant person is found not guilty by reason of mental disease or mental defect of a felony committed before July 30, 2002, the court shall commit the person to the department of health services for a specified period not exceeding two-thirds of the maximum term of imprisonment that could be imposed under s. 973.15 (2) against an offender convicted of the same felony or felonies, including imprisonment authorized by any applicable penalty enhancement statutes , subject to the credit provisions of s. 973.155.

AB90,254,20 (b) Felonies committed on or after July 30, 2002. Except as provided in par. (c), when a defendant person is found not guilty by reason of mental disease or mental defect of a felony committed on or after July 30, 2002, the court shall commit the person to the department of health services for a specified period not exceeding the maximum term of confinement in prison, plus imprisonment authorized by any applicable penalty enhancement statutes, that could be imposed under ss. 973.01 (2) and 973.15 (2) (a) on an offender convicted of the same felony , plus imprisonment authorized by any applicable penalty enhancement statutes, subject to the credit provisions of s. 973.155 or felonies.

AB90,254,24 (c) Felonies punishable by life imprisonment. If a defendant person is found not guilty by reason of mental disease or mental defect of a felony that is punishable by life imprisonment, the commitment period specified by the court may be life, subject to termination under sub. (5) s. 975.60.

AB90,255,7 (d) Misdemeanors. When a defendant person is found not guilty by reason of mental disease or mental defect of a misdemeanor, the court shall commit the person to the department of health services for a specified period not exceeding two-thirds of the maximum term of imprisonment that could be imposed under s. 973.15 (2) against an offender convicted of the same misdemeanor or misdemeanors, including imprisonment authorized by any applicable penalty enhancement statutes , subject to the credit provisions of s. 973.155.

AB90,812 Section 812. 971.17 (1g) of the statutes is renumbered 975.53 (1) and amended to read:

AB90,255,13 975.53 (1) Notice of restriction on firearm possession. If the defendant under sub. (1) a person is found not guilty of a felony by reason of mental disease or defect, the court shall inform the defendant person of the requirements and penalties under s. 941.29.

AB90,813 Section 813. 971.17 (1h) of the statutes is renumbered 975.53 (2) and amended to read:

AB90,255,19 975.53 (2) Notice of restrictions on possession Possession of body armor. If the defendant under sub. (1) a person is found not guilty of a violent felony, as defined in s. 941.291 (1) (b), by reason of mental disease or defect, the court shall inform the defendant person of the requirements and penalties under s. 941.291.

AB90,814 Section 814. 971.17 (1j) (title) of the statutes is repealed.

AB90,815 Section 815. 971.17 (1j) (a) of the statutes is renumbered 975.54 (1) (a).

AB90,816 Section 816. 971.17 (1j) (b) of the statutes is renumbered 975.54 (1) (b) and amended to read:

AB90,256,4 975.54 (1) (b) If a person is found not guilty by reason of mental disease or defect of a serious sex offense, the court may, in addition to committing the person to the department of health services under sub. (1) s. 975.57, place the person on lifetime supervision under s. 939.615 if notice concerning lifetime supervision was given to the person under s. 973.125 and if the court determines that lifetime supervision of the person is necessary to protect the public.

AB90,817 Section 817. 971.17 (1m) (title) of the statutes is repealed.

AB90,818 Section 818. 971.17 (1m) (a) of the statutes, as affected by 2013 Wisconsin Act 362, is renumbered 975.54 (2) and amended to read:

AB90,256,13 975.54 (2) (a) If the defendant under sub. (1) a person is found not guilty by reason of mental disease or defect for a felony or a violation of s. 165.765 (1), 2011 stats., or of s. 940.225 (3m), 941.20 (1), 944.20, 944.30 (1m), 944.31, 944.33, 946.52, or 948.10 (1) (b), the court shall require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. The judge shall inform the person that he or she may request expungement under s. 165.77 (4).

AB90,256,16 (b) Biological specimens required under subd. 1. par. (a) shall be obtained and submitted as specified in rules promulgated by the department of justice under s. 165.76 (4).

AB90,819 Section 819. 971.17 (1m) (b) 1m. a. of the statutes is renumbered 975.54 (3) (a) 1. and amended to read:

AB90,257,2 975.54 (3) (a) 1. Except as provided in subd. 2m. par. (b), if the defendant under sub. (1) a person is found not guilty by reason of mental disease or defect for any violation, or for the solicitation, conspiracy, or attempt to commit any violation, of ch. 940, 944, or 948 or s. 942.08 or 942.09, or ss. 943.01 to 943.15, the court may require the defendant person to comply with the reporting requirements under s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that it would be in the interest of public protection to have the defendant person report under s. 301.45.

AB90,820 Section 820. 971.17 (1m) (b) 1m. b. of the statutes is renumbered 975.54 (3) (a) 2. and amended to read:

AB90,257,12 975.54 (3) (a) 2. If a court under subd. 1m. a. 1. orders a person to comply with the reporting requirements under s. 301.45 in connection with a finding of not guilty by reason of mental disease or defect for a violation, or the solicitation, conspiracy, or attempt to commit a violation, of s. 942.09 and the person was under the age of 21 when he or she committed the offense, the court may provide that upon termination of the commitment order under sub. (5) s. 975.60 or expiration of the order under sub. (6) s. 975.61 the person be released from the requirement to comply with the reporting requirements under s. 301.45.

AB90,821 Section 821. 971.17 (1m) (b) 2m. of the statutes is renumbered 975.54 (3) (b) and amended to read:

AB90,257,24 975.54 (3) (b) If the defendant under sub. (1) a person is found not guilty by reason of mental disease or defect for a violation, or for the solicitation, conspiracy, or attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2), or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, 948.095, 948.11 (2) (a) or (am), 948.12, 948.13, or 948.30, of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies, or of s. 940.30 or 940.31 if the victim was a minor and the defendant person was not the victim's parent, the court shall require the defendant person to comply with the reporting requirements under s. 301.45 unless the court determines, after a hearing on a motion made by the defendant person, that the defendant person is not required to comply under s. 301.45 (1m).

AB90,822 Section 822. 971.17 (1m) (b) 3. of the statutes is renumbered 975.54 (3) (c), and 975.54 (3) (c) (intro.), 1., 2. and 5., as renumbered, are amended to read:

AB90,258,5 975.54 (3) (c) (intro.) In determining under subd. 1m. a. par. (a) 1. whether it would be in the interest of public protection to have the defendant person report under s. 301.45, the court may consider any of the following:

AB90,258,7 1. The ages, at the time of the violation, of the defendant person and the victim of the violation.

AB90,258,9 2. The relationship between the defendant person and the victim of the violation.

AB90,258,11 5. The probability that the defendant person will commit other violations in the future.

AB90,823 Section 823. 971.17 (1m) (b) 4. of the statutes is renumbered 975.54 (3) (d) and amended to read:

AB90,258,16 975.54 (3) (d) If the court orders a defendant person to comply with the reporting requirements under s. 301.45, the court may order the defendant person to continue to comply with the reporting requirements until his or her death.

AB90,824 Section 824. 971.17 (1m) (b) 5. of the statutes is renumbered 975.54 (3) (e) and amended to read:

AB90,258,25 975.54 (3) (e) If the court orders a defendant person to comply with the reporting requirements under s. 301.45, the clerk of the court in which the order is entered shall promptly forward a copy of the order to the department of corrections. If the finding of not guilty by reason of mental disease or defect on which the order is based is reversed, set aside, or vacated, the clerk of the court shall promptly forward to the department of corrections a certificate stating that the finding has been reversed, set aside, or vacated.

AB90,825 Section 825 . 971.17 (2) (title) of the statutes is repealed.

AB90,826 Section 826. 971.17 (2) (a) of the statutes is renumbered 975.55 and amended to read:

AB90,259,17 975.55 Disposition of person found not guilty by reason of mental disease or defect. The court shall enter an initial commitment order under this section pursuant to a hearing held as As soon as practicable after the entering a judgment of finding a person not guilty by reason of mental disease or mental defect is entered, the court shall hold a dispositional hearing and commit the person to the department as provided in s. 975.57. If the court lacks sufficient information to make the determination required by sub. (3) enter a commitment order under s. 975.57 immediately after trial, it may adjourn the dispositional hearing, enter an interim order committing the person to the department, and order the department of health services to conduct a predisposition investigation using the procedure in under s. 972.15 973.004, or order a supplementary mental examination or both, to assist the court in framing the commitment order of the person. If the court enters an interim commitment order, the person is subject to any conditions set by the court and to the rules of the department.

AB90,827 Section 827. 971.17 (2) (b) of the statutes is renumbered 975.56 (1) and amended to read:

AB90,260,2 975.56 (1) If a the court orders a supplementary mental examination is ordered under par. (a) s. 975.55, the court 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 person. In lieu thereof, conduct an outpatient examination of the person or the court may commit the person to an appropriate mental health facility for the period specified in par. (c), which shall an inpatient examination. Days spent in a mental health facility for an inpatient examination under this subsection count as days spent in custody under s. 973.155.

AB90,828 Section 828. 971.17 (2) (c) of the statutes is renumbered 975.56 (3) (a) and amended to read:

AB90,260,10 975.56 (3) (a) An examiner ordered to conduct an inpatient examination under this section shall complete an inpatient the examination under par. (b) and file the a report of the examination within 15 days after the examination is ordered unless, for good cause,. If the examiner cannot complete the examination within 15 days and requests an extension. In that case, the court may for good cause allow one 15-day extension of the examination period.

AB90,260,13 (b) An examiner ordered to conduct an outpatient examination under this section shall complete an outpatient the examination and file the a report of the examination within 15 30 days after the examination is ordered.

AB90,829 Section 829. 971.17 (2) (d) of the statutes is renumbered 975.56 (4) and amended to read:

AB90,260,20 975.56 (4) If the court orders an inpatient examination under par. (b) sub. (1), it shall arrange for the transportation of the person to the examining facility within a reasonable time after the examination is ordered and for the person to be returned to the jail or court within a reasonable time after the examination has been completed.

AB90,830 Section 830. 971.17 (2) (e) of the statutes is renumbered 975.56 (2) and amended to read:

AB90,261,4 975.56 (2) The examiner appointed under par. (b) ordered to conduct an examination under this section shall personally observe and examine the person. The examiner or facility shall have access to the person's past or present treatment records, as defined in s. 51.30 (1) (b), and patient health care records, as provided under s. 146.82 (2) (c). If the examiner believes that the person is appropriate for conditional release, the examiner shall report on the type of treatment and services that the person may need while in the community on conditional release.

AB90,831 Section 831. 971.17 (2) (f) of the statutes is renumbered 975.56 (5) and amended to read:

AB90,261,9 975.56 (5) The costs of an examination ordered under par. (a) shall be paid by the county upon Upon the order of the court as part of the costs of the action, the county shall pay the costs of an examination ordered under this section.