971.17(4m)(b)
(b) If the court conditionally releases a defendant under this section, the district attorney shall notify all of the following in accordance with
par. (c):
971.17(4m)(b)1.
1. The victim of the crime committed by the defendant or, if the victim died as a result of the crime, an adult member of the victim's family or, if the victim is younger than 18 years old, the victim's parent or legal guardian.
971.17(4m)(c)
(c) The notice under
par. (b) shall inform the department of corrections and the person under
par. (b) 1. of the defendant's name and conditional release date. The district attorney shall send the notice, postmarked no later than 7 days after the court orders the conditional release under this section, to the department of corrections and to the last-known address of the person under
par. (b) 1.
971.17(4m)(d)
(d) Upon request, the department of health and family services shall assist district attorneys in obtaining information regarding persons specified in
par. (b) 1.
Effective date note
NOTE: Sub. (4m) is shown as affected eff. 6-1-97 by 1995 WIs. Act 440. Prior to 6-1-97 it reads:
Effective date text
(4m) Notice to victims about conditional release. (a) In this subsection:
971.17 Note
1. "Crime" has the meaning designated in s. 949.01 (1).
971.17 Note
2. "Member of the family" means spouse, child, sibling, parent or legal guardian.
971.17 Note
3. "Victim" means a person against whom a crime has been committed.
971.17 Note
(b) If the court conditionally releases a defendant under this section, the district attorney shall notify the following person, if he or she can be found, in accordance with par. (c): the victim of the crime committed by the defendant or, if the victim died as a result of the crime, an adult member of the victim's family or, if the victim is younger than 18 years old, the victim's parent or legal guardian.
971.17 Note
(c) The notice under par. (b) shall inform the person under par. (b) of the defendant's name and conditional release date. The district attorney shall send the notice, postmarked no later than 7 days after the court orders the conditional release under this section, to the last-known address of the person under par. (b).
971.17 Note
(d) Upon request, the department of health and family services shall assist district attorneys in obtaining information regarding persons specified in par. (b).
971.17(5)
(5) Petition for termination. A person on conditional release, or the department of health and family services on his or her behalf, may petition the committing court to terminate the order of commitment. If the person files a timely petition without counsel, the court shall serve a copy of the petition on the district attorney and, subject to
sub. (7) (b), 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 attorney shall serve the district attorney. The petition shall be determined as promptly as practicable by the court without a jury. 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.
971.17(6)
(6) Expiration of commitment order. 971.17(6)(a)(a) At least 60 days prior to the expiration of a commitment order under
sub. (1), the department of health and family services shall notify all of the following:
971.17(6)(a)2.
2. The district attorney of the county in which the commitment order was entered.
971.17(6)(b)
(b) 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 and family services or the appropriate county department under
s. 51.42 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.
971.17(6m)
(6m) Notice about termination or discharge. 971.17(6m)(a)2.
2. "Member of the family" means spouse, child, sibling, parent or legal guardian.
971.17(6m)(a)3.
3. "Victim" means a person against whom a crime has been committed.
971.17(6m)(b)
(b) If the court orders that the defendant's commitment is terminated under
sub. (5) or that the defendant be discharged under
sub. (6), the department of health and family services shall notify all of the following:
971.17(6m)(b)1.
1. If the person has submitted a card under
par. (d) requesting notification, the victim of the crime committed by the defendant, or, if the victim died as a result of the crime, an adult member of the victim's family or, if the victim is younger than 18 years old, the victim's parent or legal guardian.
971.17(6m)(c)
(c) The notice under
par. (b) shall inform the department of corrections and the person under
par. (b) 1. of the defendant's name and termination or discharge date. The department of health and family services shall send the notice, postmarked at least 7 days before the defendant's termination or discharge date, to the department of corrections and to the last-known address of the person under
par. (b) 1.
971.17(6m)(d)
(d) The department of health and family services shall design and prepare cards for persons specified in
par. (b) 1. to send to the department. The cards shall have space for these persons to provide their names and addresses, the name of the applicable defendant 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 may send completed cards to the department. All departmental records or portions of records that relate to mailing addresses of these persons 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).
Effective date note
NOTE: Sub. (6m) is shown as affected eff. 6-1-97 by
1995 Wis. Act 440. Prior to 6-1-97 it reads:
Effective date text
(6m) Notice to victims about termination or discharge. (a) In this subsection:
971.17 Note
1. "Crime" has the meaning designated in s. 949.01 (1).
971.17 Note
2. "Member of the family" means spouse, child, sibling, parent or legal guardian.
971.17 Note
3. "Victim" means a person against whom a crime has been committed.
971.17 Note
(b) If the court orders that the defendant's commitment is terminated under sub. (5) or that the defendant be discharged under sub. (6), the department of health and family services shall notify the victim of the crime committed by the defendant, or, if the victim died as a result of the crime, an adult member of the victim's family or, if the victim is younger than 18 years old, the victim's parent or legal guardian, after the submission of a card under par. (d) requesting notification.
971.17 Note
(c) The notice under par. (b) shall inform the person under par. (b) of the defendant's name and termination or discharge date. The department of health and family services shall send the notice, postmarked at least 7 days before the defendant's termination or discharge date, to the last-known address of the person under par. (b)
971.17 Note
(d) The department of health and family services shall design and prepare cards for persons specified in par. (b) to send to the department. The cards shall have space for these persons to provide their names and addresses, the name of the applicable defendant 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). These persons may send completed cards to the department. All departmental records or portions of records that relate to mailing addresses of these persons are not subject to inspection or copying under s. 19.35 (1), except as needed to comply with a request under sub. (4m) (d).
971.17(7)(a)(a) The committing court shall conduct all hearings under this section. The 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.
971.17(7)(b)
(b) Without limitation by enumeration, at any hearing under this section, the person has the right to:
971.17(7)(b)1.
1. Counsel. If the person claims or appears to be indigent, the court shall refer the person to the authority for indigency determinations under
s. 977.07 (1).
971.17(7)(c)
(c) If the person 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 (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).
971.17(7)(d)
(d) Upon a showing by the proponent of good cause under
s. 807.13 (2) (c), testimony may be received into the record of a hearing under this section by telephone or live audio-visual means.
971.17(8)
(8) Applicability. This section 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 governed by s.
971.17, 1987 stats., as affected by
1989 Wisconsin Act 31.
971.17 History
History: 1975 c. 430;
1977 c. 353;
1977 c. 428 s.
115;
1983 a. 359; Sup. Ct. Order, 141 W (2d) xiii (1987);
1987 a. 394;
1989 a. 31,
142,
334,
359; Sup. Ct. Order, 158 W (2d) xvii (1990);
1991 a. 39,
189,
269;
1993 a. 16,
98,
227;
1995 a. 27 s.
9126 (19);
1995 a. 417,
425,
440,
448; s. 13.93 (2) (c).
Effective date note
Judicial Council Note, 1990: Sub. (7) (d) [created] conforms the standard for admission of testimony by telephone or live audio-visual means at hearings under this section to that governing other evidentiary criminal proceedings. [Re Order eff. 1-1-91]
971.17 Annotation
There is no right to jury trial in recommitment proceedings under sub. (3), due process clause or equal protection clause. State v. M.S. 159 W (2d) 206, 464 NW (2d) 41 (Ct. App. 1990).
971.17 Annotation
DHSS not the county is responsible for funding the conditions for a person conditionally released under this section. Rolo v. Goers, 174 W (2d) 709, 497 NW (2d) 724 (Ct. App. 1993).
971.17 Annotation
It is not a denial of due process for an insanity acquitee to be confined to a state health facility for so long as he or she is considered dangerous, although sane, provided that the commitment does not exceed the maximum term of imprisonment which could have been imposed for the criminal offense charged and where the state bears the burden of proof that the commitment should continue because the individual is a danger to himself, herself or others. State v. Randall, 192 W (2d) 800, 532 NW (2d) 94 (1995).
971.18
971.18
Inadmissibility of statements for purposes of examination. A statement made by a person subjected to psychiatric examination or treatment pursuant to this chapter for the purposes of such examination or treatment shall not be admissible in evidence against the person in any criminal proceeding on any issue other than that of the person's mental condition.
971.18 History
History: 1993 a. 486.
971.19(1)(1) Criminal actions shall be tried in the county where the crime was committed, except as otherwise provided.
971.19(2)
(2) Where 2 or more acts are requisite to the commission of any offense, the trial may be in any county in which any of such acts occurred.
971.19(3)
(3) Where an offense is committed on or within one-fourth of a mile of the boundary of 2 or more counties, the defendant may be tried in any of such counties.
971.19(4)
(4) If a crime is committed in, on 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 in any county through which such vehicle has passed or in the county where the defendant's travel commenced or terminated.
971.19(5)
(5) If the act causing death is in one county and the death ensues in another, the defendant may be tried in either county. If neither location can be determined, the defendant may be tried in the county where the body is found.
971.19(6)
(6) If an offense is commenced outside the state and is consummated within the state, the defendant may be tried in the county where the offense was consummated.
971.19(7)
(7) If a crime is committed on boundary waters at a place where 2 or more counties have common jurisdiction under
s. 2.03 or
2.04 or under any other law, the prosecution may be in either county. The county whose process against the offender is first served shall be conclusively presumed to be the county in which the crime was committed.
971.19(8)
(8) In an action for a violation of
s. 948.31, the defendant may be tried in the county where the crime was committed or the county of lawful residence of the child.
971.19(9)
(9) In an action under
s. 301.45 (6), the defendant may be tried in the defendant's county of residence at the time that the complaint is filed or, if the defendant does not have a county of residence in this state at the time that the complaint is filed, any county in which he or she has resided while subject to
s. 301.45.
Effective date note
NOTE: Sub. (9) is shown as amended eff. 6-1-97 by
1995 Wis. Act 440. Prior to 6-1-97 it reads:
Effective date text
(9) In an action under s. 175.45 (6), the defendant may be tried in the defendant's county of residence at the time that the complaint is filed or, if the defendant does not have a county of residence in this state at the time that the complaint is filed, any county in which he or she has resided while subject to s. 175.45.
971.19 Annotation
Where failure to file registration form and act of soliciting contributions were elements of the offense, venue was proper in either of the 2 counties under (2). Blenski v. State, 73 W (2d) 685, 245 NW (2d) 906.
971.20
971.20
Substitution of judge. 971.20(1)
(1)
Definition. In this section, "action" means all proceedings before a court from the filing of a complaint to final disposition at the trial level.
971.20(2)
(2) One substitution. In any criminal action, the defendant has a right to only one substitution of a judge, except under
sub. (7). The right of substitution shall be exercised as provided in this section.
971.20(3)
(3) Substitution of judge assigned to preliminary examination. 971.20(3)(a)(a) In this subsection, "judge" includes a court commissioner who is assigned to conduct the preliminary examination.
971.20(3)(b)
(b) A written request for the substitution of a different judge for the judge assigned to preside at the preliminary examination may be filed with the clerk, or with the court at the initial appearance. If filed with the clerk, the request must be filed at least 5 days before the preliminary examination unless the court otherwise permits. Substitution of a judge assigned to a preliminary examination under this subsection exhausts the right to substitution for the duration of the action, except under
sub. (7).
971.20(4)
(4) Substitution of trial judge originally assigned. A written request for the substitution of a different judge for the judge originally assigned to the trial of the action may be filed with the clerk before making any motions to the trial court and before arraignment.
971.20(5)
(5) Substitution of trial judge subsequently assigned. If a new judge is assigned to the trial of an action and the defendant has not exercised the right to substitute an assigned judge, a written request for the substitution of the new judge may be filed with the clerk within 15 days of the clerk's giving actual notice or sending notice of the assignment to the defendant or the defendant's attorney. If the notification occurs within 20 days of the date set for trial, the request shall be filed within 48 hours of the clerk's giving actual notice or sending notice of the assignment. If the notification occurs within 48 hours of the trial or if there has been no notification, the defendant may make an oral or written request for substitution prior to the commencement of the proceedings.
971.20(6)
(6) Substitution of judge in multiple defendant actions. In actions involving more than one defendant, the request for substitution shall be made jointly by all defendants. If severance has been granted and the right to substitute has not been exercised prior to the granting of severance, the defendant or defendants in each action may request a substitution under this section.
971.20(7)
(7) Substitution of judge following appeal. If an appellate court orders a new trial or sentencing proceeding, a request under this section may be filed within 20 days after the filing of the remittitur by the appellate court, whether or not a request for substitution was made prior to the time the appeal was taken.
971.20(8)
(8) Procedures for clerk. Upon receiving a request for substitution, the clerk shall immediately contact the judge whose substitution has been requested for a determination of whether the request was made timely and in proper form. If no determination is made within 7 days, the clerk shall refer the matter to the chief judge for the determination and reassignment of the action as necessary. If the request is determined to be proper, the clerk shall request the assignment of another judge under
s. 751.03.
971.20(9)
(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.
971.20(10)
(10) Form of request. A request for substitution of a judge may be made in the following form:
STATE OF WISCONSIN
CIRCUIT COURT
.... County
State of Wisconsin
vs.
....(Defendant)
Pursuant to
s. 971.20 the defendant (or defendants) request (s) a substitution for the Hon. .... as judge in the above entitled action.
