AB90: Bill Text

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AB90,800 Section 800. 971.16 (3) (a) of the statutes is repealed.

AB90,801 Section 801. 971.16 (3) (b) of the statutes is repealed.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

AB90,832 Section 832. 971.17 (2) (g) of the statutes is renumbered 975.56 (6) and amended to read:

AB90,261,14 975.56 (6) Within 10 days after the examiner's report is filed under par. (c) sub. (3), the court shall hold a hearing to determine whether the terms of the commitment shall take the form of institutional care or conditional release order under s. 975.57.

AB90,833 Section 833. 971.17 (3) (title) of the statutes is repealed.

AB90,834 Section 834. 971.17 (3) (a) of the statutes is renumbered 975.57 (1) and amended to read:

AB90,262,5 975.57 (1) Commitment order. An order for commitment under this section shall specify either institutional care or conditional release. The court shall order institutional care if it finds by clear and convincing evidence that conditional release of the person, if conditionally released, would pose a significant risk of causing bodily harm to himself or herself or to others or of causing serious property damage. If the court does not make this finding, it shall order conditional release. In determining whether commitment shall be for institutional care or conditional release, the court may consider, without limitation because of enumeration, the nature and circumstances of the crime, the person's mental history and present mental condition, where the person will live, how the person will support himself or herself, what arrangements are available to ensure that the person has access to and will take necessary medication, and what arrangements are possible for treatment beyond medication.

AB90,835 Section 835. 971.17 (3) (b) of the statutes is renumbered 975.57 (5) (a) and amended to read:

AB90,262,14 975.57 (5) (a) If the state proves by clear and convincing evidence that the person is not competent to refuse medication or treatment for the person's mental condition, under the standard specified in s. 971.16 (3), the court shall issue, as part of the commitment order, an order that the person is not competent to refuse medication or treatment for the person's mental condition and that whoever administers the medication or treatment to the person shall observe appropriate medical standards.

AB90,836 Section 836. 971.17 (3) (c) of the statutes is renumbered 975.57 (5) (b) and amended to read:

AB90,263,22 975.57 (5) (b) If the court order specifies institutional care, the department of health services 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. If the a person placed in an institution under this section is not subject to a court order determining finding the person to be not competent to refuse medication or treatment for the person's mental condition and if the institution in which the person is placed department determines that the person should be subject to such a court an order, the institution department may file a motion with the court, with notice to the person and his or her counsel and the district attorney, a motion as provided in s. 975.35 for a hearing, under the standard specified in s. 971.16 (3), on to determine whether the person 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 signed by a licensed physician that asserts that the person needs medication or treatment and that the person is not competent to refuse medication or treatment, based on an examination of the person by a licensed physician. Within 10 days after a motion is filed under this paragraph, the court shall determine the person's competency to refuse medication or treatment for the person's mental condition. At the request of the person, his or her counsel attorney, or the district attorney, the hearing may be postponed, but in no case may the postponed hearing shall be held more than within 20 days after a motion is filed under this paragraph. If the district attorney, the person, and his or her counsel attorney waive their respective opportunities to present other evidence on the issue, the court shall determine the person's competency to refuse medication or treatment on the basis of the report accompanying the motion. In the absence of these waivers, the court shall hold an evidentiary hearing on the issue. If the state proves by evidence that is clear and convincing evidence that the person is not competent to refuse medication or treatment, under the standard specified in s. 971.16 (3), the court shall order find that the person is not competent to refuse medication or treatment for the person's mental condition and order that whoever administers the medication or treatment to the person shall observe appropriate medical standards.

AB90,837 Section 837 . 971.17 (3) (d) of the statutes is renumbered 975.57 (4) (a) and amended to read:

AB90,264,19 975.57 (4) (a) If the court finds that the person is appropriate for conditional release, the court shall notify the department of health services. The department of health services and the county department under s. 51.42 in the county of residence of the person shall prepare a plan that identifies the treatment and services, if any, that the person will receive in the community. The plan shall address the person's need, if any, for supervision, medication, community support services, residential services, vocational services, and alcohol or other drug abuse treatment. The department of health services may contract with a county department, under s. 51.42 (3) (aw) 1. d., with another public agency or with a private agency to provide the treatment and services identified in the plan. The plan shall specify who will be responsible for providing the treatment and services identified in the plan. The plan department and the county department shall be presented present the plan to the court for its approval within 21 14 days after the court finding finds that the person is appropriate for conditional release, unless the department, county department, department of health services and person to be released request additional time to develop the plan. If the The county department of the person's county of residence declines to prepare a plan, the department of health services may arrange for another county to prepare the plan if that county agrees to prepare the plan and if the individual will be living in that another county.

AB90,838 Section 838. 971.17 (3) (e) of the statutes is renumbered 975.58 and amended to read:

AB90,266,9 975.58 Petition for revocation of conditional release. An order for conditional release places the person in the custody and control of the department of health services. A conditionally released person is subject to the conditions set by the court and to the rules of the department of health services. Before a person is conditionally released by the court under this subsection, the court shall so notify the municipal police department and county sheriff for the area where the person will be residing. The notification requirement under this paragraph does not apply if a municipal department or county sheriff submits to the court a written statement waiving the right to be notified. If the department of health services alleges that a released person conditionally released under s. 975.57 (4) or 975.59 has violated any condition or rule of release, or that the safety of the person or others requires that conditional release be revoked, he or she may be taken into custody under the rules of revocation of release, the department may detain the person in a facility specified in s. 51.15 (2) or in a jail. The department of health services shall submit a statement showing probable cause of for the detention and a petition to revoke the order for conditional release to the committing court and the regional office of the state public defender responsible for handling cases in the county where the committing court is located within 72 hours after the detention, excluding Saturdays, Sundays, and legal holidays. The court shall hear the petition within 30 days, after detention unless the hearing or time deadline is waived by the detained person. Pending the revocation hearing, the department of health services may detain the person in a jail or in a hospital, center or facility specified by s. 51.15 (2). The Before the hearing, the department shall provide the detained person written notice of the claimed violation and a summary of the evidence against the person. The department may withdraw the petition without the consent of the court. If the department withdraws the petition, the person shall be immediately released from detention. At a hearing under this section, the state has the burden of proving by clear and convincing evidence that any the person violated a rule or condition of release has been violated, or that the safety of the person or others requires that conditional release be revoked revocation of release. If the court determines after hearing that any the person violated a rule or condition of release has been violated, or that the safety of the person or others requires that conditional release be revoked revocation of release, it may revoke the order for conditional release and order that the released person be placed in an appropriate institution under s. 51.37 (3) until the expiration of the commitment or until again conditionally released under this section s. 975.59. If the court determines that the person violated a rule or condition of release, it may modify the order for conditional release. The court shall set forth on the record the evidence relied upon and reasons for the revocation or modification of conditional release.

AB90,839 Section 839. 971.17 (4) (title) of the statutes is renumbered 975.59 (title).

AB90,840 Section 840. 971.17 (4) (a) of the statutes is renumbered 975.59 (1) and amended to read:

AB90,266,20 975.59 (1) Petition. Any person who is committed for institutional care to the department and institutionalized under s. 975.57 or 975.58 may petition the committing court to modify its the commitment order by authorizing conditional release if at least 6 months have elapsed since the initial commitment order was entered, the most recent release petition for conditional release, if any, was denied or withdrawn, and the most recent order for conditional release, if any, was revoked. The director of the facility at which the person is placed may file a petition under this paragraph subsection on the person's behalf at any time.

AB90,841 Section 841. 971.17 (4) (b) of the statutes is renumbered 975.59 (2) and amended to read:

AB90,267,4 975.59 (2) Service; appointment of counsel. If the person files a timely petition under sub. (1) without counsel, the court shall serve a copy of the petition on the district attorney and, subject to sub. (7) (b) s. 975.63 (2), refer the matter to the state public defender for determination of indigency and appointment of counsel under s. 977.05 (4) (j). If the a person petitions through counsel, his or her files a petition under sub. (1) with the assistance of an attorney, the person's attorney shall serve a copy of the petition on the district attorney.

AB90,842 Section 842. 971.17 (4) (c) of the statutes is renumbered 975.59 (3) and amended to read:

AB90,267,16 975.59 (3) Examination. Within 20 days after receipt of the petition under sub. (1), the court shall appoint one or more examiners having the specialized knowledge determined by the court to be appropriate, who shall to examine the person and furnish a written report of the examination to the court within 30 days after appointment. The examiners shall have reasonable access to the person for purposes of examination and to the person's past and 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 any such an 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.