Wis. Stat. § 980.07 — WI Code / Chapter 980 / Section 980.07
Periodic reexamination and treatment progress; report from the department.
Status: in_force

(1) If a person is committed under s. 980.06 and has not been discharged under s. 980.09 (4) , the department shall appoint an examiner to conduct a reexamination of the person’s mental condition within 12 months after the date of the initial commitment order under s. 980.06 and again thereafter at least once each 12 months to determine whether the person has made sufficient progress for the court to consider whether the person should be placed on supervised release or discharged. The examiner shall apply the criteria under s. 980.08 (4) (cg) when considering if the person should be placed on supervised release and shall apply the criteria under s. 980.09 (3) when considering if the person should be discharged. At the time of a reexamination under this section, the court shall appoint an examiner as provided under s. 980.031 (3) upon request of the committed person or the person may retain an examiner. The county shall pay the costs of an examiner appointed by the court as provided under s. 51.20 (18) (a) .

(2) Any examiner conducting a reexamination under sub. (1) shall prepare a written report of the reexamination no later than 30 days after the date of the reexamination. The examiner shall provide a copy of the report to the department.

(3) Notwithstanding sub. (1) , the court that committed a person under s. 980.06 may order a reexamination of the person at any time during the period in which the person is subject to the commitment order. Any reexamination ordered under this subsection shall conform to sub. (1) .

(4) At any reexamination under sub. (1) , the treating professional shall prepare a treatment progress report. The treating professional shall provide a copy of the treatment progress report to the department. The treatment progress report shall consider all of the following:

(a) The specific factors associated with the person’s risk for committing another sexually violent offense.

(b) Whether the person is making significant progress in treatment or has refused treatment.

(c) The ongoing treatment needs of the person.

(d) Any specialized needs or conditions associated with the person that must be considered in future treatment planning.

(5) Any examiners under sub. (1) and treating professionals under sub. (4) shall have reasonable access to the person for purposes of reexamination, to the person’s past and present treatment records, as defined in s. 51.30 (1) (b) , and to the person’s patient health care records, as provided under s. 146.82 (2) (c) .

(6)

(a) The department shall submit an annual report comprised of the reexamination report under sub. (1) and the treatment progress report under sub. (4) to the court that committed the person under s. 980.06 . A copy of the annual report shall be placed in the person’s treatment records. The department shall provide a copy of the annual report to the person committed under s. 980.06 , the department of justice, and the district attorney, if applicable. The court shall provide a copy of the annual report to the person’s attorney as soon as he or she is retained or appointed.

(b) When the department provides a copy of the report under par. (a) to the person who has been committed under s. 980.06 , the department shall provide to the person a standardized petition form for supervised release under s. 980.08 and a standardized petition form for discharge under s. 980.09 .

(6m) If a person committed under s. 980.06 is incarcerated at a county jail, state correctional institution, or federal correction institution for a new criminal charge or conviction or because his or her parole was revoked, any reporting requirement under sub. (1) , (4) , or (6) (a) does not apply during the incarceration period. A court may order a reexamination of the person under sub. (3) if the courts finds reexamination to be necessary. The schedule for reporting established under sub. (1) shall resume upon the release of the person.

(7) At any time before a hearing under s. 980.08 or 980.09 , the department may file a supplemental report if the department determines that court should have additional information. The court shall accept the supplemental report and permit testimony from the department regarding the report or any relevant portion of the report.

History: 1993 a. 479 ; 1999 a. 9 ; 2005 a. 434 ; 2009 a. 248 ; 2013 a. 84 ss. 4 to 7 , 9 , 13 .