Clerks Guide to WSS 971Processes

971.14(2) Competency to Stand Trial

  • Use Form CR-205.
  • Fax Form CR-205 & Criminal Complaint to:Wisconsin Forensic Unit (414)223-1817.
  • Notify WCS Court Liaison office via phone or email.
  • Follow further Distribution instructions on the Form.
  • If an Inpatient Exam (in MHI) is recommended by WFU, set a Hearing for 30 days post order, and fax CR-205 to MMHI (608)301-1358. Please include the date and time of Hearing on the order.

971.14(5) Treatment to Competency

  • Use Form CR-206.
  • Check w/ Judge for Medication Order and/or Sentence Enhancers.
  • On Order, schedule a Review Hearing for 90 days post order.
  • Fax Form CR-206, Criminal Complaint and Dr’s report to MMHI (608)301-1358.
  • Notify WCS Court Liaison office via phone or email.
  • If there is a referral to the Outpatient Competency Restoration Program (OCRP) then refer to the DHS: OCRP Process for distribution instructions.
  • Follow further Distribution instructions on the Form.
  • The Court will receive progress reports at the intervals specified in the statute, and upon receiving a progress report that the defendant has been opined as “Competent” or “Not Competent & Not Likely to Become Competent”, the Court needs to schedule a Competency Hearing on this report and have the defendant transported for this appearance within 14 days of receiving the report.

971.16 Criminal Responsibility (NGI Plea)

  • Use Form CR-270.
  • On Order, schedule the Dr’s Report Return to Court.
  • Notify WCS Court Liaison office via phone or email.
  • Selecting an Examiner: Must be non-DHS, and if the Court and Atty’s do not have a specific examiner requested, and the Court is seeking information re: examiners available to do these exams, then the Court Liaison office can provide a list upon request.

971.17 Not Guilty By Reason of Mental Disease or Defect (NGI)

  • Use Form CR-271 when found to be NGI. Please include in “The Court Orders” section the amount of Commitment time to DHS. There will be additional forms that accompany this form depending on placement (PDI, SME or CR Plan will be ordered in conjunction with this form).
  • Follow further Distribution instructions on the Form.

971.17 Determination of Placement (NGI): When the Court seeks more information to determine whether a client is in need of institutional care OR could be directly released into the community under Conditional Release.

Use Either:

  • Form CR-272 to Order Adult Care Consultants (through DHS) to complete an outpatient Predisposition Investigation (PDI).
  • Notify WCS Court Liaison office via phone or email.
  • Fax Form CR-272, CR-271, Criminal Complaint and any Dr’s Reports to: ACC (920)215-6365.
  • Follow further Distribution instructions on the Form.

OR

  • Form CR-273 to Order one of the Mental Health Institutions to complete an inpatient Supplemental Mental Examination for a period of 15days.
  • Notify WCS Court Liaison office via phone or email.
  • Fax Form CR-273, CR-271, Criminal Complaint and any Dr’s Reports to: DHS/MMHI (608)301-1358.
  • Follow further Distribution instructions on the Form.

971.17 Conditional Release

  • Use Form CR-274 to Order ACC (through DHS) to complete a Conditional Release Plan.
  • Notify WCS Court Liaison office via phone or email.
  • Fax Form CR-274 & supporting documents to: ACC (920)215-6365.
  • Please allow ACC 21 days for Direct Court releases, and 60 days for CR Petitions, to develop the CR Plan when scheduling the next Court date.
  • Follow further Distribution instructions on the Form.

971.17 Institutional Care

  • Use Form CR-275 to Order Placement at a Mental Health Institution.
  • Notify WCS Court Liaison office via phone or email.
  • Fax Form CR-275 & supporting documents to: DHS/MMHI (608)301-1358.
  • Follow further Distribution instructions on the Form.

971.17(4) Petition for Conditional Release

***The timeframe and process for CR Petitions on cases prior to 1/1/91 differ from the information provided below, please refer to the language in the older statutes***

  • Statutory timeframes apply to this process (20/30/30 days).
  • Use Form CR-277.
  • On Order, schedule the Dr’s Report Return to Court.
  • Notify WCS Court Liaison office via phone or email.
  • Selecting an Examiner: Must be non-DHS, and if the Court and Atty’s do not have a specific examiner requested, and the Court is seeking information re: examiners available to do these exams, then the Court Liaison office can provide a list upon request.
  • If the Court grants Conditional Release, then refer to the 971.17 Conditional Release section of this document for how to proceed with ordering a CR Plan.

971.17 Petition to Revoke Conditional Release

  • DOC Agent initiates these proceedings, and an Alternative Treatment Plan (ATP) may be considered.
  • Use Form CR-276.
  • If client is revoked then a new Placement Order (Form CR-275) will be needed, and should be marked as a “Subsequent” placement at the top of this Order form.

DHS/WCS-Revised 10-16-15 (AJO)