State Codes and Statutes

State Codes and Statutes

Statutes > Wisconsin > 980 > 980.075

980.075

980.075 Patient petition process.

980.075(1)

(1) When the department submits its report to the court under s. 980.07 (6), the person who has been committed under s. 980.06 may retain or have the court appoint an attorney as provided in s. 980.03 (2) (a).

980.075(1m)

(1m)

980.075(1m)(a)

(a) When the department provides a copy of the report under s. 980.07 (6) 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.

980.075(1m)(b)

(b) The department shall, after consulting with the department of justice and the state public defender, develop the standardized petition forms required under par. (a).

980.075(2)

(2)

980.075(2)(a)

(a) Within 30 days after the department submits its report to the court under s. 980.07 (6), the person who has been committed under s. 980.06 or his or her attorney may submit one of the completed forms provided under sub. (1m) to the court to initiate either a petition for supervised release or a petition for discharge.

980.075(2)(b)

(b) If no completed petition is filed in a timely manner under par. (a), the person who has been committed under s. 980.06 will remain committed and the person's placement at a facility described under s. 980.065 or the person's supervised release status under s. 980.08 remains in effect without review by the court.

980.075(3)

(3) If the person files a petition for discharge under s. 980.09 without counsel, the court shall serve a copy of the petition and any supporting documents on the district attorney or department of justice, whichever is applicable. If the person petitions for discharge under s. 980.09 through counsel, his or her attorney shall serve the district attorney or department of justice, whichever is applicable.

980.075(4)

(4)

980.075(4)(a)

(a) The petitioner may use experts or professional persons to support his or her petition.

980.075(4)(b)

(b) The district attorney or the department of justice may use experts or professional persons to support or oppose any petition.

980.075(5)

(5) Subject to s. 980.03 (2) (a), before proceeding under s. 980.08 or 980.09 but as soon as circumstances permit, the court shall refer the matter to the authority for indigency determinations under s. 977.07 (1) and appointment of counsel under s. 977.05 (4) (j) if the person is not represented by counsel.

980.075(6)

(6) 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.

980.075 - ANNOT.

History: 2005 a. 434.