AB90: Bill Text

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AB90,825 Section 825 . 971.17 (2) (title) of the statutes is repealed.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

AB90,843 Section 843. 971.17 (4) (d) of the statutes is renumbered 975.59 (4) and amended to read:

AB90,268,6 975.59 (4) Hearing. The court, without a jury, shall hear the petition within 30 days after the report of the court-appointed examiner is filed with the court, unless the petitioner person waives this time limit. Expenses of proceedings under this subsection shall be paid as provided under s. 51.20 (18). The court shall grant the petition unless it finds by clear and convincing evidence that the person would pose a significant risk of causing bodily harm to himself or herself or to others or of causing serious property damage if conditionally released. In making this determination, 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 the factors under s. 975.57 (1).

AB90,844 Section 844 . 971.17 (4) (e) of the statutes is renumbered 975.59 (5) (a), and 975.59 (5) (a) 1., as renumbered, is amended to read:

AB90,268,24 975.59 (5) (a) 1. If the court finds that the person is appropriate for conditional release, the court shall notify the department of health services. Subject and, subject to subd. subds. 2. and 3., 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 shall be presented department and the county department shall present the plan to the court for its approval within 60 30 days after the court finding 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.

AB90,845 Section 845. 971.17 (4m) of the statutes is repealed.

AB90,846 Section 846. 971.17 (5) (title) of the statutes is renumbered 975.60 (title).

AB90,847 Section 847. 971.17 (5) of the statutes is renumbered 975.60 (1) and amended to read:

AB90,269,8 975.60 (1) A person on conditional release, or the department of health services on his or her behalf, may petition the committing court to terminate the an order of commitment if at least 6 months have elapsed since the person was last placed on conditional release and since the most recent petition under this section, if any, was denied.

AB90,269,15 (2) If the a 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 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.

AB90,269,17 (3) The court shall rule on the petition shall be determined as promptly as practicable by the court without a jury.

AB90,270,3 (4) The court shall terminate the order of commitment unless it finds by clear and convincing evidence that further supervision is necessary to prevent a significant risk of bodily harm to the person or to others or of serious property damage. In making this determination, the court may consider, without limitation because of enumeration, the nature and circumstances of the crime, the person's mental history and current mental condition, the person's behavior while on conditional release, and plans for the person's living arrangements, support, treatment, and other required services after termination of the commitment order. A petition under this subsection may not be filed unless at least 6 months have elapsed since the person was last placed on conditional release or since the most recent petition under this subsection was denied.

AB90,848 Section 848. 971.17 (6) of the statutes is renumbered 975.61, and 975.61 (1) (intro.) and (2), as renumbered, are amended to read:

AB90,270,8 975.61 (1) (intro.) At least 60 days prior to the expiration of a commitment order issued under sub. (1) s. 975.57, the department of health services shall notify all of the following of the expiration of the order:

AB90,270,13 (2) Upon the expiration of a commitment order under sub. (1), the court shall discharge the person, subject to the right of the department of health services or the appropriate county department under s. 51.60 or 51.437 to proceed against the person under ch. 51 or 55. If none of those departments proceeds against the person under ch. 51 or 55, the court may order the proceeding.

AB90,849 Section 849. 971.17 (6m) (title) of the statutes is repealed.

AB90,850 Section 850. 971.17 (6m) (a) (intro.) of the statutes is renumbered 975.62 (1) (intro.) and amended to read:

AB90,270,17 975.62 (1) (intro.) In this subsection section:

AB90,851 Section 851. 971.17 (6m) (a) 1. of the statutes is repealed.

AB90,852 Section 852. 971.17 (6m) (a) 2. of the statutes is renumbered 975.62 (1) (a).

AB90,853 Section 853. 971.17 (6m) (a) 3. of the statutes is renumbered 975.62 (1) (b).

AB90,854 Section 854. 971.17 (6m) (b) of the statutes is repealed.

AB90,855 Section 855. 971.17 (6m) (c) of the statutes is repealed.

AB90,856 Section 856. 971.17 (6m) (d) of the statutes is renumbered 975.62 (5) and amended to read:

AB90,271,13 975.62 (5) The department of health services shall design and prepare cards for persons specified in par. (b) 1. a victim's representative to send to the department. The cards shall have space for these persons a victim's representative to provide their names his or her name and addresses address, the name of the applicable defendant person committed under this subchapter, and any other information the department determines is necessary. The department shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in par. (b) 1. These persons victims' representatives. A victim's representative may send completed cards to the department. All departmental records or Records and portions of records of the department that relate to mailing addresses of these persons a victim's representative are not subject to inspection or copying under s. 19.35 (1), except as needed to comply with a request under sub. (4m) (d) or s. 301.46 (3) (d).

AB90,857 Section 857. 971.17 (7) (title) of the statutes is renumbered 975.63 (title).

AB90,858 Section 858. 971.17 (7) (a) of the statutes is renumbered 975.63 (1) and amended to read:

AB90,271,20 975.63 (1) The committing court shall conduct all hearings under this section ss. 975.55 to 975.61. The committed person shall be given reasonable notice of the time and place of each such hearing. The court may designate additional persons to receive these notices.

AB90,859 Section 859. 971.17 (7) (b) of the statutes is renumbered 975.63 (2), and 975.63 (2) (intro.), as renumbered, is amended to read:

AB90,271,24 975.63 (2) (intro.) Without limitation by enumeration, at any hearing under this section ss. 975.55 to 975.61, the person subject of the hearing has the right to:

AB90,860 Section 860. 971.17 (7) (c) of the statutes is renumbered 975.63 (4) and amended to read:

AB90,272,11 975.63 (4) If the a person who is subject to proceedings under ss. 975.55 to 975.61 wishes to be examined by a physician, as defined in s. 971.16 (1) (a), or a psychologist, as defined in s. 971.16 (1) (b), or other expert of his or her choice, the procedure under s. 971.16   975.51 (4) shall apply. Upon motion of an indigent person, the court shall appoint a qualified and available examiner for the person at public expense. Examiners for the person or the district attorney 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).

AB90,861 Section 861. 971.17 (7) (d) of the statutes is repealed.

AB90,862 Section 862. 971.17 (7m) of the statutes is renumbered 975.64.

AB90,863 Section 863. 971.17 (8) of the statutes is renumbered 975.49 and amended to read:

AB90,272,22 975.49 Applicability of ss. 975.57 to 975.64. This section subchapter governs the commitment, release, and discharge of persons adjudicated not guilty by reason of mental disease or mental defect for offenses committed on or after January 1, 1991. The commitment, release, and discharge of persons adjudicated not guilty by reason of mental disease or mental defect for offenses committed prior to January 1, 1991, shall be are governed by s. 971.17, 1987 stats., as affected by 1989 Wisconsin Act 31.

AB90,864 Section 864. 971.18 of the statutes is renumbered 975.21 and amended to read:

AB90,273,6 975.21 Inadmissibility of statements made for purposes of examination. A statement made by a person subjected who is subject to a psychiatric examination or to treatment pursuant to under this chapter that is made for the purposes purpose of such the examination or treatment shall is not be admissible in evidence against the person in any criminal proceeding on any issue other than that of the person's mental condition.

AB90,865 Section 865. 971.19 of the statutes is renumbered 970.14, and 970.14 (title), (1), (2), (3), (4), (5), (6), (8), (9) (intro.), (10), (11) and (12), as renumbered, are amended to read:

AB90,273,12 970.14 (title) Place of trial Venue. (1) Criminal actions Trials shall be tried in the county where the crime was committed, except as otherwise provided in this section or in s. 971.09.

AB90,273,16 (2) Where 2 or more acts are requisite to the commission of any offense crime requires 2 or more acts, the trial may be in any county in which any of such acts occurred. In a case involving a charge of conspiracy under s. 939.31, the trial may be in any county in which a conspiratorial act took place.

AB90,273,19 (3) Where an offense a crime is committed on or within one-fourth of a mile of the boundary of 2 or more counties, the defendant may be tried trial may be in any of such counties.

AB90,273,24 (4) If a crime is committed in, on, by use of, or against any vehicle passing through or within this state, and it cannot readily be determined in which county the crime was committed, the defendant may be tried trial may be in any county through which such vehicle has passed or in the county where the defendant's travel commenced or terminated in which the vehicle has traveled.

AB90,274,4 (5) If the act causing death is in one county and the death ensues in another, the defendant may be tried trial may be in either county. If neither location can readily be determined, the defendant may be tried trial may be in the county where the body is found.

AB90,274,7 (6) If an offense is commenced outside the state and is consummated within the state, the defendant may be tried trial may be in the county where the offense was consummated.

AB90,274,10 (8) In an action for a violation of s. 948.31, the defendant may be tried trial may be in the county where the crime was committed or the county of lawful residence of the child.

AB90,274,16 (9) (intro.) In an action under s. 301.45 (6) (a) or (ag), the defendant may be tried trial may be in the defendant's county of residence at the time that the complaint is filed. If the defendant does not have a county of residence in this state at the time that the complaint is filed, or if the defendant's county of residence is unknown at the time that the complaint is filed, defendant may be tried trial may be in any of the following counties: