971.11(2)
(2) If the crime charged is a felony, the district attorney shall either move to dismiss the pending case or arrange a date for preliminary examination as soon as convenient and notify the warden or superintendent of the prison thereof, unless such examination has already been held or has been waived. After the preliminary examination or upon waiver thereof, the district attorney shall file an information, unless it has already been filed, and mail a copy thereof to the warden or superintendent for service on the inmate. The district attorney shall bring the case on for trial within 120 days after receipt of the request subject to
s. 971.10.
971.11(3)
(3) If the crime charged is a misdemeanor, the district attorney shall either move to dismiss the charge or bring it on for trial within 90 days after receipt of the request.
971.11(4)
(4) If the defendant desires to plead guilty or no contest to the complaint or to the information served upon him or her, the defendant shall notify the district attorney thereof. The district attorney shall thereupon arrange for the defendant's arraignment as soon as possible and the court may receive the plea and pronounce judgment.
971.11(5)
(5) If the defendant wishes to plead guilty to cases pending in more than one county, the several district attorneys involved may agree with the defendant and among themselves for all such pleas to be received in the appropriate court of one of such counties, and
s. 971.09 shall govern the procedure thereon so far as applicable.
971.11(6)
(6) The prisoner shall be delivered into the custody of the sheriff of the county in which the charge is pending for transportation to the court, and the prisoner shall be retained in that custody during all proceedings under this section. The sheriff shall return the prisoner to the prison upon the completion of the proceedings and during any adjournments or continuances and between the preliminary examination and the trial, except that if the department certifies a jail as being suitable to detain the prisoner, he or she may be detained there until the court disposes of the case. The prisoner's existing sentence continues to run and he or she receives time credit under
s. 302.11 while in custody.
971.11(7)
(7) If the district attorney moves to dismiss any pending case or if it is not brought on for trial within the time specified in
sub. (2) or
(3) the case shall be dismissed unless the defendant has escaped or otherwise prevented the trial, in which case the request for disposition of the case shall be deemed withdrawn and of no further legal effect. Nothing in this section prevents a trial after the period specified in
sub. (2) or
(3) if a trial commenced within such period terminates in a mistrial or a new trial is granted.
971.12
971.12
Joinder of crimes and of defendants. 971.12(1)(1)
Joinder of crimes. Two or more crimes may be charged in the same complaint, information or indictment in a separate count for each crime if the crimes charged, whether felonies or misdemeanors, or both, are of the same or similar character or are based on the same act or transaction or on 2 or more acts or transactions connected together or constituting parts of a common scheme or plan. When a misdemeanor is joined with a felony, the trial shall be in the court with jurisdiction to try the felony.
971.12(2)
(2) Joinder of defendants. Two or more defendants may be charged in the same complaint, information or indictment if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting one or more crimes. Such defendants may be charged in one or more counts together or separately and all of the defendants need not be charged in each count.
971.12(3)
(3) Relief from prejudicial joinder. If it appears that a defendant or the state is prejudiced by a joinder of crimes or of defendants in a complaint, information or indictment or by such joinder for trial together, the court may order separate trials of counts, grant a severance of defendants or provide whatever other relief justice requires. The district attorney shall advise the court prior to trial if the district attorney intends to use the statement of a codefendant which implicates another defendant in the crime charged. Thereupon, the judge shall grant a severance as to any such defendant.
971.12(4)
(4) Trial together of separate charges. The court may order 2 or more complaints, informations or indictments to be tried together if the crimes and the defendants, if there is more than one, could have been joined in a single complaint, information or indictment. The procedure shall be the same as if the prosecution were under such single complaint, information or indictment.
971.12 History
History: 1993 a. 486.
971.12 Annotation
Where 2 defendants were charged and the cases consolidated, and one then pleads guilty, there is no need for a severance, especially where the trial is to the court. Nicholas v. State, 49 W (2d) 678, 183 NW (2d) 8.
971.12 Annotation
Severance is not required where the 2 charges involving a single act or transaction are so inextricably intertwined so as to make proof of one crime impossible without proof of the other. Holmes v. State, 63 W (2d) 389, 217 NW (2d) 657.
971.12 Annotation
Due process of law was not violated, nor did the trial court abuse its discretion, by denial of defendant's motion to sever 3 counts of sex offenses from a count of first-degree murder. Bailey v. State, 65 W (2d) 331, 222 NW (2d) 871.
971.12 Annotation
In a joint trial on charges of burglary and obstructing an officer, while evidence as to the fabrication of an alibi by defendant was probative as to the burglary, the substantial danger that the jury might employ such evidence as affirmative proof of the elements of that crime, for which the state was required to introduce separate and independent evidence showing guilt beyond a reasonable doubt, required the court to administer a clear and certain cautionary instruction that the jury should not consider evidence on the obstructing count as sufficient in itself to find defendant guilty of burglary. Peters v. State, 70 W (2d) 22, 233 NW (2d) 420.
971.12 Annotation
Joinder was not prejudicial to defendant moving for severance where possibly prejudicial effect of inadmissible hearsay regarding other defendant was presumptively cured by instructions. State v. Jennaro, 76 W (2d) 499, 251 NW (2d) 800.
971.12 Annotation
Where codefendant's antagonistic testimony merely corroborates overwhelming prosecution evidence, refusal to grant severance is not abuse of discretion. Haldane v. State, 85 W (2d) 182, 270 NW (2d) 75 (1978).
971.12 Annotation
Joinder of charges against defendant was proper where separate acts exhibited some modus operandi. Francis v. State, 86 W (2d) 554, 273 NW (2d) 310 (1979).
971.12 Annotation
Trial court properly deleted implicating references from codefendant's confession rather than granting defendant's motion for severance under (3). Pohl v. State, 96 W (2d) 290, 291 NW (2d) 554 (1980).
971.12 Annotation
Trial court did not abuse discretion in denying severance motion and failing to caution jury against prejudice where 2 counts were joined. State v. Bettinger, 100 W (2d) 691, 303 NW (2d) 585 (1981).
971.12 Annotation
Joinder is not prejudicial where same evidence would be admissible under 904.04 if there were separate trials. State v. Hall, 103 W (2d) 125, 307 NW (2d) 289 (1981).
971.12 Annotation
Trial court abused discretion in denying motion for severance of codefendants' trials, where accused made initial showing that codefendant's testimony would have established accused's alibi defense and accused's entire defense was based on alibi. State v. Brown, 114 W (2d) 554, 338 NW (2d) 857 (Ct. App. 1983).
971.12 Annotation
Joinder under (2) was proper where both robberies were instigated by one defendant's prostitution and other defendant systematically robbed customers who refused to pay. State v. King, 120 W (2d) 285, 354 NW (2d) 742 (Ct. App. 1984).
971.12 Annotation
Misjoinder was harmless error. State v. Leach, 124 W (2d) 648, 370 NW (2d) 240 (1985).
971.12 Annotation
To be of "same or similar character" under (1), crimes must be of same type, occur over relatively short time period, and evidence as to each must overlap. State v. Hamm, 146 W (2d) 130, 430 NW (2d) 584 (Ct. App. 1988).
971.12 Annotation
Joinder and severance. 1971 WLR 604.
971.13(1)(1) No person who lacks substantial mental capacity to understand the proceedings or assist in his or her own defense may be tried, convicted or sentenced for the commission of an offense so long as the incapacity endures.
971.13(2)
(2) A defendant shall not be determined incompetent to proceed solely because medication has been or is being administered to restore or maintain competency.
971.13(3)
(3) The fact that a defendant is not competent to proceed does not preclude any legal objection to the prosecution under
s. 971.31 which is susceptible of fair determination prior to trial and without the personal participation of the defendant.
971.13 History
History: 1981 c. 367.
971.13 Note
Judicial Council Committee's Note, 1981: Fundamental fairness precludes criminal prosecution of a defendant who is not mentally competent to exercise his or her constitutional and procedural rights. State ex rel. Matalik v. Schubert,
57 Wis. 2d 315, 322 (1973).
971.13 AnnotationSub. (1) states the competency standard in conformity with Dusky v. U.S.,
362 U.S. 402 (1960) and State ex rel. Haskins v. Dodge County Court,
62 Wis. 2d 250, 265 (1974). Competency is a judicial rather than a medical determination. Not every mentally disordered defendant is incompetent; the court must consider the degree of impairment in the defendant's capacity to assist counsel and make decisions which counsel cannot make for him or her. See State v. Harper,
57 Wis. 2d 543 (1973); Norwood v. State,
74 Wis. 2d 343 (1976); State v. Albright,
96 Wis. 2d 122 (1980); Pickens v. State,
96 Wis. 2d 549 (1980).
971.13 Annotation
Sub. (2) clarifies that a defendant who requires medication to remain competent is nevertheless competent; the court may order the defendant to be administered such medication for the duration of the criminal proceedings under s. 971.14 (5) (c).
971.13 Annotation
Sub. (3) is identical to prior s. 971.14 (6). It has been renumbered for better statutory placement, adjacent to the rule which it clarifies. [Bill 765-A]
971.13 Annotation
Competency to stand trial is not necessarily sufficient competency to represent oneself. Pickens v. State, 96 W (2d) 549, 292 NW (2d) 601 (1980).
971.13 Annotation
Defense counsel having reason to doubt competency of client must raise issue with court, strategic considerations notwithstanding. State v. Johnson, 133 W (2d) 207, 395 NW (2d) 176 (1986).
971.14
971.14
Competency proceedings. 971.14(1)(a)(a) The court shall proceed under this section whenever there is reason to doubt a defendant's competency to proceed.
971.14(1)(b)
(b) If reason to doubt competency arises after the defendant has been bound over for trial after a preliminary examination, or after a finding of guilty has been rendered by the jury or made by the court, a probable cause determination shall not be required and the court shall proceed under
sub. (2).
971.14(1)(c)
(c) Except as provided in
par. (b), the court shall not proceed under
sub. (2) until it has found that it is probable that the defendant committed the offense charged. The finding may be based upon the complaint or, if the defendant submits an affidavit alleging with particularity that the averments of the complaint are materially false, upon the complaint and the evidence presented at a hearing ordered by the court. The defendant may call and cross-examine witnesses at a hearing under this paragraph but the court shall limit the issues and witnesses to those required for determining probable cause. Upon a showing by the proponent of good cause under
s. 807.13 (2) (c), testimony may be received into the record of the hearing by telephone or live audio-visual means. If the court finds that any charge lacks probable cause, it shall dismiss the charge without prejudice and release the defendant except as provided in
s. 971.31 (6).
971.14(2)(a)(a) The court shall 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 defendant. If an inpatient examination is determined by the court to be necessary, the defendant may be committed to a suitable mental health facility for the examination period specified in
par. (c), which shall be deemed days spent in custody under
s. 973.155. If the examination is to be conducted by the department of health and family services, the court shall order the individual to the facility designated by the department of health and family services.
971.14(2)(am)
(am) Notwithstanding
par. (a), if the court orders the defendant to be examined by the department or a department facility, the department shall determine where the examination will be conducted, who will conduct the examination and whether the examination will be conducted on an inpatient or outpatient basis. Any such outpatient examination shall be conducted in a jail or a locked unit of a facility. In any case under this paragraph in which the department determines that an inpatient examination is necessary, the 15-day period under
par. (c) begins upon the arrival of the defendant at the inpatient facility. If an outpatient examination is begun by or through the department, and the department later determines that an inpatient examination is necessary, the sheriff shall transport the defendant to the inpatient facility designated by the department, unless the defendant has been released on bail.
971.14(2)(b)
(b) If the defendant has been released on bail, the court may not order an involuntary inpatient examination unless the defendant fails to cooperate in the examination or the examiner informs the court that inpatient observation is necessary for an adequate examination.
971.14(2)(c)
(c) Inpatient examinations shall be completed and the report of examination filed within 15 days after the examination is ordered or as specified in
par. (am), whichever is applicable, unless, for good cause, the facility or examiner appointed by the court cannot complete the examination within this period and requests an extension. In that case, the court may allow one 15-day extension of the examination period. Outpatient examinations shall be completed and the report of examination filed within 30 days after the examination is ordered.
971.14(2)(d)
(d) If the court orders that the examination be conducted on an inpatient basis, it shall arrange for the transportation of any defendant not free on bail to the examining facility within a reasonable time after the examination is ordered and for the defendant to be returned to the jail within a reasonable time after receiving notice from the examining facility that the examination has been completed.
971.14(2)(e)
(e) The examiner shall personally observe and examine the defendant and shall have access to his or her past or present treatment records, as defined under
s. 51.30 (1) (b).
971.14(2)(f)
(f) A defendant ordered to undergo examination under this section may receive voluntary treatment appropriate to his or her medical needs. The defendant may refuse medication and treatment except in a situation where the medication or treatment is necessary to prevent physical harm to the defendant or others.
971.14(2)(g)
(g) The defendant may be examined for competency purposes at any stage of the competency proceedings by physicians or other experts chosen by the defendant or by the district attorney, who shall be permitted reasonable access to the defendant for purposes of the examination.
971.14(3)
(3) Report. The examiner shall submit to the court a written report which shall include all of the following:
971.14(3)(a)
(a) A description of the nature of the examination and an identification of the persons interviewed, the specific records reviewed and any tests administered to the defendant.
971.14(3)(c)
(c) The examiner's opinion regarding the defendant's present mental capacity to understand the proceedings and assist in his or her defense.
971.14(3)(d)
(d) If the examiner reports that the defendant lacks competency, the examiner's opinion regarding the likelihood that the defendant, if provided treatment, may be restored to competency within the time period permitted under
sub. (5) (a).
971.14(3)(dm)
(dm) If sufficient information is available to the examiner to reach an opinion, the examiner's 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:
971.14(3)(dm)1.
1. The defendant is incapable of expressing an understanding of the advantages and disadvantages of accepting medication or treatment and the alternatives.
971.14(3)(dm)2.
2. The defendant is substantially incapable of applying an understanding of the advantages, disadvantages and alternatives to his or her mental illness, developmental disability, alcoholism or drug dependence in order to make an informed choice as to whether to accept or refuse medication or treatment.
971.14(3)(e)
(e) The facts and reasoning, in reasonable detail, upon which the findings and opinions under
pars. (b) to
(dm) are based.
971.14(4)(a)(a) The court shall cause copies of the report to be delivered forthwith to the district attorney and the defense counsel, or the defendant personally if not represented by counsel. The report shall not be otherwise disclosed prior to the hearing under this subsection.
971.14(4)(b)
(b) If the district attorney, the defendant and defense counsel waive their respective opportunities to present other evidence on the issue, the court shall promptly determine the defendant's competency and, if at issue, competency to refuse medication or treatment for the defendant's mental condition on the basis of the report filed under
sub. (3) or
(5). In the absence of these waivers, the court shall hold an evidentiary hearing on the issue. Upon a showing by the proponent of good cause under
s. 807.13 (2) (c), testimony may be received into the record of the hearing by telephone or live audio-visual means. At the commencement of the hearing, the judge shall ask the defendant whether he or she claims to be competent or incompetent. If the defendant stands mute or claims to be incompetent, the defendant shall be found incompetent unless the state proves by the greater weight of the credible evidence that the defendant is competent. If the defendant claims to be competent, the defendant shall be found competent unless the state proves by evidence that is clear and convincing that the defendant is incompetent. If the defendant is found incompetent and if the state proves by evidence that is clear and convincing that the defendant is not competent to refuse medication or treatment, under the standard specified in
sub. (3) (dm), the court shall make a determination without a jury and issue an order that the defendant is not competent to refuse medication or treatment for the defendant's mental condition and that whoever administers the medication or treatment to the defendant shall observe appropriate medical standards.
971.14(4)(c)
(c) If the court determines that the defendant is competent, the criminal proceeding shall be resumed.
971.14(4)(d)
(d) If the court determines that the defendant is not competent and not likely to become competent within the time period provided in
sub. (5) (a), the proceedings shall be suspended and the defendant released, except as provided in
sub. (6) (b).
971.14(5)(a)(a) If the court determines that the defendant is not competent but is likely to become competent within the period specified in this paragraph if provided with appropriate treatment, the court shall suspend the proceedings and commit the defendant to the custody of the department of health and family services for placement in an appropriate institution for a period of time not to exceed 12 months, or the maximum sentence specified for the most serious offense with which the defendant is charged, whichever is less. Days spent in commitment under this paragraph are considered days spent in custody under
s. 973.155.
971.14(5)(am)
(am) If the defendant is not subject to a court order determining the defendant to be not competent to refuse medication or treatment for the defendant's mental condition and if the treatment facility determines that the defendant should be subject to such a court order, the treatment facility may file with the court with notice to the counsel for the defendant, the defendant and the district attorney, a motion for a hearing, under the standard specified in
sub. (3) (dm), on whether the defendant 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 defendant needs medication or treatment and that the defendant is not competent to refuse medication or treatment, based on an examination of the defendant by a licensed physician. Within 10 days after a motion is filed under this paragraph, the court shall, under the procedures and standards specified in
sub. (4) (b), determine the defendant's competency to refuse medication or treatment for the defendant's mental condition. At the request of the defendant, the defendant's counsel or the district attorney, the hearing may be postponed, but in no case may the postponed hearing be held more than 20 days after a motion is filed under this paragraph.
971.14(5)(b)
(b) The defendant shall be periodically reexamined by the treatment facility. Written reports of examination shall be furnished to the court 3 months after commitment, 6 months after commitment, 9 months after commitment and within 30 days prior to the expiration of commitment. Each report shall indicate either that the defendant has become competent, that the defendant remains incompetent but that attainment of competency is likely within the remaining commitment period, or that the defendant has not made such progress that attainment of competency is likely within the remaining commitment period. Any report indicating such a lack of sufficient progress shall include the examiner's opinion regarding whether the defendant is mentally ill, alcoholic, drug dependent, developmentally disabled or infirm because of aging or other like incapacities.
971.14(5)(c)
(c) Upon receiving a report under
par. (b), the court shall proceed under
sub. (4). If the court determines that the defendant has become competent, the defendant shall be discharged from commitment and the criminal proceeding shall be resumed. If the court determines that the defendant is making sufficient progress toward becoming competent, the commitment shall continue.
971.14(5)(d)
(d) If the defendant is receiving medication the court may make appropriate orders for the continued administration of the medication in order to maintain the competence of the defendant for the duration of the proceedings. If a defendant who has been restored to competency thereafter again becomes incompetent, the maximum commitment period under
par. (a) shall be 18 months minus the days spent in previous commitments under this subsection, or 12 months, whichever is less.
971.14(6)(a)(a) If the court determines that it is unlikely that the defendant will become competent within the remaining commitment period, it shall discharge the defendant from the commitment and release him or her, except as provided in
par. (b). The court may order the defendant to appear in court at specified intervals for redetermination of his or her competency to proceed.
971.14(6)(b)
(b) When the court discharges a defendant from commitment under
par. (a), it may order that the defendant be taken immediately into custody by a law enforcement official and promptly delivered to a facility specified in
s. 51.15 (2), an approved public treatment facility under
s. 51.45 (2) (c) or an appropriate medical or protective placement facility. Thereafter, detention of the defendant shall be governed by
s. 51.15,
51.45 (11) or
55.06 (11), as appropriate. The district attorney or corporation counsel may prepare a statement meeting the requirements of
s. 51.15 (4) or
(5),
51.45 (13) (a) or
55.06 (11) based on the allegations of the criminal complaint and the evidence in the case. This statement shall be given to the director of the facility to which the defendant is delivered and filed with the branch of circuit court assigned to exercise criminal jurisdiction in the county in which the criminal charges are pending where it shall suffice, without corroboration by other petitioners, as a petition for commitment under
s. 51.20,
51.45 (13) or
55.06 (2). This section does not restrict the power of the branch of circuit court in which the petition is filed to transfer the matter to the branch of circuit court assigned to exercise jurisdiction under
ch. 51 in the county. Days spent in commitment or protective placement pursuant to a petition under this paragraph shall not be deemed days spent in custody under
s. 973.155.
971.14(6)(c)
(c) If a person is committed under
s. 51.20 pursuant to a petition under
par. (b), the county department under
s. 51.42 or
51.437 to whose care and custody the person is committed shall notify the court which discharged the person under
par. (a), the district attorney for the county in which that court is located and the person's attorney of record in the prior criminal proceeding at least 14 days prior to transferring or discharging the defendant from an inpatient treatment facility and at least 14 days prior to the expiration of the order of commitment or any subsequent consecutive order, unless the county department or the department of health and family services has applied for an extension.
971.14(6)(d)
(d) Counsel who have received notice under
par. (c) or who otherwise obtain information that a defendant discharged under
par. (a) may have become competent may move the court to order that the defendant undergo a competency examination under
sub. (2). If the court so orders, a report shall be filed under
sub. (3) and a hearing held under
sub. (4). If the court determines that the defendant is competent, the criminal proceeding shall be resumed. If the court determines that the defendant is not competent, it shall release him or her but may impose such reasonable nonmonetary conditions as will protect the public and enable the court and district attorney to discover whether the person subsequently becomes competent.
971.14 History
History: 1981 c. 367;
1985 a. 29,
176; Sup. Ct. Order, 141 W (2d) xiii (1987);
1987 a. 85,
403;
1989 a. 31,
107; Sup. Ct. Order, 158 W (2d) xvii (1990);
1991 a. 32;
1995 a. 27 s.
9126 (19);
1995 a. 268.
971.14 Note
Judicial Council Committee's Note, 1981: Sub. (1) (a) does not require the court to honor every request for an examination. The intent of sub. (1) (a) is to avoid unnecessary examinations by clarifying the threshold for a competency inquiry in accordance with State v. McKnight,
65 Wis. 2d 583 (1974). "Reason to doubt" may be raised by a motion setting forth the grounds for belief that a defendant lacks competency, by the evidence presented in the proceedings or by the defendant's colloquies with the judge or courtroom demeanor. In some cases an evidentiary hearing may be appropriate to assist the court in deciding whether to order an examination under sub. (2). Even when neither party moves the court to order a competency inquiry, the court may be required by due process to so inquire where the evidence raises a sufficient doubt. Pate v. Robinson,
383 U.S. 375, 387 (1966); Drope v. Missouri,
420 U.S. 162 (1975).
971.14 Annotation
The Wisconsin supreme court has held that a defendant may not be ordered to undergo a competency inquiry unless the court has found probable cause to believe he or she is guilty of the offense charged. State v. McCredden,
33 Wis. 2d 661 (1967). Where this requirement has not been satisfied through a preliminary examination or verdict or finding of guilt prior to the time the competency issue is raised, a special probable cause determination is required. Subsection (1) (b) allows that determination to be made from the allegations in the criminal complaint without an evidentiary hearing unless the defendant submits a particularized affidavit alleging that averments in the criminal complaint are materially false. Where a hearing is held, the issue is limited to probable cause and hearsay evidence may be admitted. See s. 911.01 (4) (c).
971.14 Annotation
Sub. (2) (a) requires the court to appoint one or more qualified examiners to examine the defendant when there is reason to doubt his or her competency. Although the prior statute required the appointment of a physician, this section allows the court to appoint examiners without medical degrees, if their particular qualifications enable them to form expert opinions regarding the defendant's competency.
971.14 Annotation
Sub. (2) (b), (c) and (d) is intended to limit the defendant's stay at the examining facility to that period necessary for examination purposes. In many cases, it is possible for an adequate examination to be made without institutional commitment, expediting the commencement of treatment of the incompetent defendant. Fosdal, The Contributions and Limitations of Psychiatric Testimony, 50 Wis. Bar Bulletin, No. 4, pp. 31-33 (April 1977).
971.14 Annotation
Sub. (2) (e) clarifies the examiner's right of access to the defendant's past or present treatment records, otherwise confidential under s. 51.30.
971.14 Annotation
Sub. (2) (f) clarifies that a defendant on examination status may receive voluntary treatment but, until committed under sub. (5), may not be involuntarily treated or medicated unless necessary for the safety of the defendant or others. See s. 51.61 (1) (f), (g), (h) and (i).
971.14 Annotation
Sub. (2) (g), like prior s. 971.14 (7), permits examination of the defendant by an expert of his or her choosing. It also allows access to the defendant by examiners selected by the prosecution at any stage of the competency proceedings.
971.14 Annotation
Sub. (3) requires the examiner to render an opinion regarding the probability of timely restoration to competency, to assist the court in determining whether an incompetent defendant should be committed for treatment. Incompetency commitments may not exceed the reasonable time necessary to determine whether there is a substantial probability that the defendant will attain competency in the foreseeable future: Jackson v. Indiana,
406 U.S. 715, 738 (1972). The new statute also requires the report to include the facts and reasoning which underlie the examiner's clinical findings and opinion on competency.
971.14 Annotation
Sub. (4) is based upon prior s. 971.14 (4). The revision emphasizes that the determination of competency is a judicial matter. State ex rel. Haskins v. Dodge County Court,
62 Wis. 2d 250 (1974). The standard of proof specified in State ex rel. Matalik v. Schubert,
57 Wis. 2d 315 (1973) has been changed to conform to the "clear and convincing evidence" standard of s. 51.20 (13) (e) and Addington v. Texas,
441 U.S. 418 (1979). [but see
1987 Wis. Act 85]
971.14 AnnotationSub. (5) requires, in accordance with Jackson v. Indiana,
406 U.S. 715 (1972), that competency commitments be justified by the defendant's continued progress toward becoming competent within a reasonable time. The maximum commitment period is established at 18 months, in accordance with State ex rel. Haskins v. Dodge County Court,
62 Wis. 2d 250 (1974) and other data. If a defendant becomes competent while committed for treatment and later becomes incompetent, further commitment is permitted but in no event may the cumulated commitment periods exceed 24 months or the maximum sentence for the offense with which the defendant is charged, whichever is less. State ex rel. Deisinger v. Treffert,
85 Wis. 2d 257 (1978).
