971.17 Commitment of persons found not guilty by reason of mental disease or mental defect.
1,726 words·~8 min read·
/wi/chapter-971/971-17-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
971.17 Commitment of persons found not guilty by reason of mental disease or mental defect.
(1)Commitment period.
(a)Felonies committed before July 30, 2002. Except as provided in par.
(c), when a defendant is found not guilty by reason of mental disease or mental defect of a felony committed before July 30, 2002, the court shall commit the person to the department of health services for a specified period not exceeding two-thirds of the maximum term of imprisonment that could be imposed against an offender convicted of the same felony, including imprisonment authorized by any applicable penalty enhancement statutes, subject to the credit provisions of s. 973.155 .
(b)Felonies committed on or after July 30, 2002. Except as provided in par.
(c), when a defendant is found not guilty by reason of mental disease or mental defect of a felony committed on or after July 30, 2002, the court shall commit the person to the department of health services for a specified period not exceeding the maximum term of confinement in prison that could be imposed on an offender convicted of the same felony, plus imprisonment authorized by any applicable penalty enhancement statutes, subject to the credit provisions of s. 973.155 .
(c)Felonies punishable by life imprisonment. If a defendant is found not guilty by reason of mental disease or mental defect of a felony that is punishable by life imprisonment, the commitment period specified by the court may be life, subject to termination under sub.
(5).
(d)Misdemeanors. When a defendant is found not guilty by reason of mental disease or mental defect of a misdemeanor, the court shall commit the person to the department of health services for a specified period not exceeding two-thirds of the maximum term of imprisonment that could be imposed against an offender convicted of the same misdemeanor, including imprisonment authorized by any applicable penalty enhancement statutes, subject to the credit provisions of s. 973.155 .
(1g)Notice of restriction on firearm possession. If the defendant under sub.
(1)is found not guilty of a felony by reason of mental disease or defect, the court shall inform the defendant of the requirements and penalties under s. 941.29 .
(1h)Notice of restrictions on possession of body armor. If the defendant under sub.
(1)is found not guilty of a violent felony, as defined in s. 941.291
(b), by reason of mental disease or defect, the court shall inform the defendant of the requirements and penalties under s. 941.291 .
(1j)Sexual assault; lifetime supervision.
(a)In this subsection, “serious sex offense” has the meaning given in s. 939.615
(b).
(b)If a person is found not guilty by reason of mental disease or defect of a serious sex offense, the court may, in addition to committing the person to the department of health services under sub.
(1), place the person on lifetime supervision under s. 939.615 if notice concerning lifetime supervision was given to the person under s. 973.125 and if the court determines that lifetime supervision of the person is necessary to protect the public.
(1m)Sexual assault; registration and testing.
1. If the defendant under sub.
(1)is found not guilty by reason of mental disease or defect for a felony or a violation of s. 165.765
(1), 2011 stats., or of s. 940.225
(3m), 941.20
(1), 944.20 , 944.30
(1m), 944.31
(1), 944.33 , 946.52 , or 948.10
(b), the court shall require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. The judge shall inform the person that he or she may request expungement under s. 165.77
(4).
2. Biological specimens required under subd. 1. shall be obtained and submitted as specified in rules promulgated by the department of justice under s. 165.76
(4).
1m.
a. Except as provided in subd. 2m. , if the defendant under sub.
(1)is found not guilty by reason of mental disease or defect for any violation, or for the solicitation, conspiracy, or attempt to commit any violation, of ch. 940 , 944 , or 948 , s. 942.08 , 942.09 , or 942.095 , or ss. 943.01 to 943.15 , the court may require the defendant to comply with the reporting requirements under s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in s. 980.01
(5), and that it would be in the interest of public protection to have the defendant report under s. 301.45 .
b. If a court under subd. 1m. a. orders a person to comply with the reporting requirements under s. 301.45 in connection with a finding of not guilty by reason of mental disease or defect for a violation, or the solicitation, conspiracy, or attempt to commit a violation, of s. 942.09 or 942.095 and the person was under the age of 21 when he or she committed the offense, the court may provide that upon termination of the commitment order under sub.
(5)or expiration of the order under sub.
(6)the person be released from the requirement to comply with the reporting requirements under s. 301.45 .
2m. If the defendant under sub.
(1)is found not guilty by reason of mental disease or defect for a violation, or for the solicitation, conspiracy, or attempt to commit a violation, of s. 940.22
(2), 940.225
(1),
(2), or
(3), 944.06 , 948.02
(1)or
(2), 948.025 , 948.05 , 948.051 , 948.055 , 948.06 , 948.07 , 948.072 , 948.075 , 948.08 , 948.085 , 948.095 , 948.11
(a)or
(am), 948.12 , 948.125 , 948.13 , or 948.30 , of s. 940.302
(2)if s. 940.302
(a)1. b. applies, or of s. 940.30 or 940.31 if the victim was a minor and the defendant was not the victim’s parent, the court shall require the defendant to comply with the reporting requirements under s. 301.45 unless the court determines, after a hearing on a motion made by the defendant, that the defendant is not required to comply under s. 301.45
(1m).
3. In determining under subd. 1m. a. whether it would be in the interest of public protection to have the defendant report under s. 301.45 , the court may consider any of the following:
a. The ages, at the time of the violation, of the defendant and the victim of the violation.
b. The relationship between the defendant and the victim of the violation.
c. Whether the violation resulted in bodily harm, as defined in s. 939.22
(4), to the victim.
d. Whether the victim suffered from a mental illness or mental deficiency that rendered him or her temporarily or permanently incapable of understanding or evaluating the consequences of his or her actions.
e. The probability that the defendant will commit other violations in the future.
g. Any other factor that the court determines may be relevant to the particular case.
4. If the court orders a defendant to comply with the reporting requirements under s. 301.45 , the court may order the defendant to continue to comply with the reporting requirements until his or her death.
5. If the court orders a defendant 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.
(2)Investigation and examination.
(a)The court shall enter an initial commitment order under this section pursuant to a hearing held as soon as practicable after the judgment of not guilty by reason of mental disease or mental defect is entered. If the court lacks sufficient information to make the determination required by sub.
(3)immediately after trial, it may adjourn the hearing and order the department of health services to conduct a predisposition investigation using the procedure in s. 972.15 or a supplementary mental examination or both, to assist the court in framing the commitment order.
(b)If a supplementary mental examination is ordered under par.
(a), 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, the court may commit the person to an appropriate mental health facility for the period specified in par.
(c), which shall count as days spent in custody under s. 973.155 .
(c)An examiner shall complete an inpatient examination under par.
(b)and file the report within 15 days after the examination is ordered unless, for good cause, the examiner cannot complete the examination and requests an extension. In that case, the court may allow one 15-day extension of the examination period. An examiner shall complete an outpatient examination and file the report of examination within 15 days after the examination is ordered.
(d)If the court orders an inpatient examination under par.
(b), 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.
(e)The examiner appointed under par.
(b)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
(b), and patient health care records, as provided under s. 146.82
(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.
(f)The costs of an examination ordered under par.
(a)shall be paid by the county upon the order of the court as part of the costs of the action.