WSS 971 ProcessesCompetency Questioned Under WSS 971.14(2)-Use Form CR-205
If Court appoints DHS to do exam, State pays and DHS-via Wisconsin Forensic Unit (WFU) completes the exam in the jail, at the State Mental Health Institute (MHI)-if an inpatient exam is deemed necessary by WFU, or agreed location for out of custody defendants.
If WFU report opines competent, and Court adjudicates defendant as competent to proceed, then criminal proceedings continue.
If WFU report opines not competent & not likely to become competent within the timeframe allowed (NC/NL), and the Court adjudicates defendant as NC/NL, then criminal proceedings can either be dismissed; suspended and scheduled for review by the DA; or civil commitment proceedings can be initiated.
If WFU report opines as not competent but likely to become competent, then proceedings are suspended and the defendant is committed to DHS under WSS 971.14(5),using form CR-206. DHS determines where treatment will occur under the commitment (Inpt vs Outpt).
WSS 971 ProcessesTreatment to Competency Commitment Under WSS 971.14(5)-Use Form CR-206
Inpatient TreatmentThereis no reference to the OCRP in the WFU report, so the Court completes Order form CR-206 and faxes this Order, the Criminal Complaint and the WFU report to MMHI. The defendant is added to the Admission List and the MHI’s decide which institute will admit the defendant when a bed is available.Please note if there is a Sentence Enhancer and/or Medication Authorization on the Order form.
Outpatient TreatmentThere is reference to the OCRP being a possible option, so the Court completes Order form CR-206 and faxes this Order, Criminal Complaint and the WFU report to BCI. The defendant is assessed for appropriateness for the OCRP, and the Court receives a letter indicating whether the defendant is accepted into the OCRP, or if he/she has been denied for the program. If the defendant is denied for the OCRP, the MHI will proceed with the admission process for inpatient treatment.
WSS 971 ProcessesNGI Plea Under WSS 971.16-Use Form CR-270
Conditional Release (CR) Plan-Use Form CR-274If Court is certain that placement in the community, on Conditional Release, under the NGI commitment is appropriate. DHS has 21 days to complete the CR Plan.
Placement for Institutional Care-Use Form CR-275If the Court is certain that placement in the one of the State Mental Health Institutes, under the NGI commitment, is necessary.
Predisposition Investigation (PDI)-Use Form CR-272If the Court is uncertain of placement the Court can order the PDI to assist in making the placement determination. PDI is done by the DHS contracted CR service provider for your county, and this can be done while the defendant is in custody or out on bail/bond.
Supplementary Mental Examination (SME)-Use Form CR-273If the Court is uncertain of placement the Court can order the SME to assist in making a placement determination. SME is done on an inpatient basis, at either MMHI or WMHI.
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