980.031 Examinations.

402 words·~2 min read·/wi/chapter-980/980-031

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)If a person who is the subject of a petition filed under s. 980.02 denies the facts alleged in the petition, the court may appoint at least one qualified licensed physician, licensed psychologist, or other mental health professional to conduct an examination of the person’s mental condition and testify at trial.

(2)The state may retain a licensed physician, licensed psychologist, or other mental health professional to examine the mental condition of a person who is the subject of a petition under s. 980.02 or who has been committed under s. 980.06 and to testify at trial or at any other proceeding under this chapter at which testimony is authorized.

(3)Whenever a person who is the subject of a petition filed under s. 980.02 or who has been committed under s. 980.06 is required to submit to an examination of his or her mental condition under this chapter, he or she may retain a licensed physician, licensed psychologist, or other mental health professional to perform an examination. If the person is indigent, the court shall, upon the person’s request, appoint a qualified and available licensed physician, licensed psychologist, or other mental health professional to perform an examination of the person’s mental condition and participate on the person’s behalf in a trial or other proceeding under this chapter at which testimony is authorized. Upon the order of the circuit court, the county shall pay, as part of the costs of the action, the costs of a licensed physician, licensed psychologist, or other mental health professional appointed by a court under this subsection to perform an examination and participate in the trial or other proceeding on behalf of an indigent person.

(4)If a party retains or the court appoints a licensed physician, licensed psychologist, or other mental health professional to conduct an examination under this chapter of the person’s mental condition, the examiner shall have reasonable access to the person for the purpose of the examination, as well as to the person’s past and present treatment records, as defined in s. 51.30

(b), and patient health care records as provided under s. 146.82

(cm), past and present juvenile records, as provided under ss. 48.396

(6), 48.78

(e), 938.396

(10), and 938.78

(e), and the person’s past and present correctional records, including presentence investigation reports under s. 972.15

(6).