AB90: Bill Text

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:

AB90,274,22 (10) In an action under s. 30.547 for intentionally falsifying an application for a certificate of number, a registration or a certificate of title, the defendant may be tried trial may be in the defendant's county of residence at the time that the complaint is filed, in the county where the defendant purchased the boat if purchased from a dealer, or the county where the department of natural resources received the application.

AB90,275,3 (11) In an action under s. 943.201, the defendant may be tried trial may be in the county where the victim or intended victim resided at the time of the offense or in any other county designated under this section. In an action under s. 943.203, the defendant may be tried trial may be in the county where the victim or intended victim was located at the time of the offense or in any other county designated under this section.

AB90,275,12 (12) Except as provided in s. 971.223 971.72, in an action for a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, or for a violation of any other law arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 a defendant who is trial for a resident of this state shall be tried in circuit the court for the county where the defendant person resides. For purposes of this subsection, a person other than a natural person resides within a county if the person's principal place of operation is located within that county.

AB90,866 Section 866. 971.20 of the statutes is renumbered 967.16, and 967.16 (9) and (10), as renumbered, are amended to read:

AB90,275,18 967.16 (9) Judge's authority to act. Upon the filing of a request for substitution in proper form and within the proper time, the judge whose substitution has been requested has no authority to act further in the action except to conduct the initial appearance, accept pleas, and set bail conditions of release.

AB90,275,20 (10) Form of request. A request for substitution of a judge may be made in the following form:

AB90,275,21 STATE OF WISCONSIN

AB90,275,22 CIRCUIT COURT

AB90,275,23 .... County

AB90,275,24 State of Wisconsin

AB90,275,25 vs.

AB90,276,1 ....(Defendant)

AB90,276,3 Pursuant to s. 971.20 967.16 the defendant (or defendants) request (s) a substitution for the Hon. .... as judge in the above entitled action.

AB90,276,4 Dated ...., .... (year)

AB90,276,5 ....(Signature of defendant or defendant's attorney)

AB90,867 Section 867. 971.22 of the statutes is renumbered 971.70, and 971.22 (2) and (3), as renumbered, are amended to read:

AB90,276,10 971.70 (2) The motion shall be in writing and supported by an affidavit which shall state stating evidentiary facts showing the nature of the prejudice alleged. The district attorney may file counter affidavits.

AB90,276,22 (3) If the court determines that there exists prejudice in the county where the action is pending such prejudice that will prevent a fair trial cannot be had, it shall order that conduct the trial be held in any county where an impartial a fair trial can be had. Only one change may be granted under this subsection. The judge who orders the change in the place of trial shall preside at the trial. Preliminary matters prior to trial may be conducted in either county at the discretion of the court. The judge or, if the requirements under s. 971.71 (1) are satisfied, order the selection of a jury from another county under s. 971.71 (2). If the court conducts the trial in another county, it shall determine where the defendant, if he or she is in custody, shall be held and where the record shall be kept. If the criteria under s. 971.225 (1) (a) to (c) exist, the court may proceed under s. 971.225 (2) The court, in its discretion, may conduct pretrial matters in either county.

AB90,868 Section 868. 971.223 of the statutes is renumbered 971.72, and 971.72 (3) and (4), as renumbered, are amended to read:

AB90,277,3 971.72 (3) This section does not affect which prosecutor has responsibility under s. 978.05 (1) to prosecute criminal actions arising from violations described under sub. (1).

AB90,277,6 (4) This section does not affect the application of s. 971.22 971.70. In actions described under sub. (1), the court may enter an order under s. 971.225 971.71 only if the order is agreed to by the defendant.

AB90,869 Section 869. 971.225 (title) of the statutes is renumbered 971.71 (title).

AB90,870 Section 870. 971.225 (1) (intro.), (a) and (c) of the statutes are renumbered 971.71 (1) (intro.), (a) and (b), and 971.71 (1) (intro.) and (a), as renumbered, are amended to read:

AB90,277,13 971.71 (1) (intro.) In lieu of If there are grounds for changing the place of trial under s. 971.22 (3) or 971.223 971.70 (3) or 971.72 and all of the following conditions are satisfied, the court may require the selection of a jury under sub. (2) if:

AB90,277,15 (a) The court has decided to sequester the jurors after the commencement of the trial, as provided in s. 972.12; 972.05.

AB90,871 Section 871. 971.225 (1) (b) of the statutes is repealed.

AB90,872 Section 872. 971.225 (2) of the statutes is renumbered 971.71 (2) and amended to read:

AB90,277,23 971.71 (2) If the court decides to proceed under this section it shall follow the procedure under s. 971.22 971.70 until the jury is chosen in the 2nd county. At that time, the proceedings shall return to the original county using the jurors selected in the 2nd county. The original county shall reimburse the 2nd county for all applicable costs under s. 814.22.