Currently, if a person is found not guilty of a crime by reason of mental disease
or defect, the court in which the person was tried must commit the person to the
custody of the department of health and family services (DHFS). The court must
specify whether the person is to be committed to institutional care or to conditional
release, under which the person is released in the community subject to the custody
and control of DHFS and to conditions set by the court and DHFS. A person who is
initially committed to institutional care may later be placed on conditional release
if, after a petition and hearing, the court finds that the person is appropriate for
conditional release.
AB825,3,92
971.17
(3) (e) An order for conditional release places the person in the custody
3and control of the department of health and family services. A conditionally released
4person is subject to the conditions set by the court and to the rules of the department
5of health and family services. Before a person is conditionally released by the court
6under this subsection, the court shall so notify the municipal police department and
7county sheriff for the area where the person will be residing. The notification
8requirement under this paragraph does not apply if a municipal department or
9county sheriff submits to the court a written statement waiving the right to be
10notified. If the department of health and family services alleges that a released
11person has violated any condition or rule, or that the safety of the person or others
12requires that conditional release be revoked, he or she may be taken into custody
13under the rules of the department. The department of health and family services
14shall submit a statement showing probable cause of the detention and a petition to
15revoke the order for conditional release to the committing court and the regional
16office of the state public defender responsible for handling cases in the county where
17the committing court is located within
48 72 hours after the detention
, excluding
18Saturdays, Sundays and legal holidays. The court shall hear the petition within 30
19days, unless the hearing or time deadline is waived by the detained person. Pending
20the revocation hearing, the department of health and family services may detain the
1person in a jail or in a hospital, center or facility specified by s. 51.15 (2). The state
2has the burden of proving by clear and convincing evidence that any rule or condition
3of release has been violated, or that the safety of the person or others requires that
4conditional release be revoked. If the court determines after hearing that any rule
5or condition of release has been violated, or that the safety of the person or others
6requires that conditional release be revoked, it may revoke the order for conditional
7release and order that the released person be placed in an appropriate institution
8under s. 51.37 (3) until the expiration of the commitment or until again conditionally
9released under this section.
AB825,3,1211
(1) This act first applies to detentions commencing on the effective date of this
12subsection.