​This document outlines what each key player in the commitment process does, including the WFU, courts, OCRP staff, and MHI staff.

 

14(2) vs 14(5) of WSS 971

14(2) evaluation – The court shall appoint one or more examiners having the specialized knowledge determined by the court to be appropriate to examine and report upon the condition of the defendant.

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14(5) commitment – If the court determines that the defendant is not competent but is likely to become competent within the period specified in this paragraph if provided with appropriate treatment, the court shall suspend the proceedings and commit the defendant to the custody of the department for treatment for a period not to exceed 12 months, or the maximum sentence specified for the most serious offense with which the defendant is charged, whichever is less. The department shall determine whether the defendant will receive treatment in an appropriate institution designated by the department, while under the supervision of the department in a community-based treatment program under contract with the department, or in a jail or a locked unit of a facility that has entered into a voluntary agreement with the state to serve as a location for treatment.

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Optimal Participant

• Refrains from AODA use/abuse

• Presents no immediate danger to community or self

• Has stable mental health

• Has reliable transportation

• Has stable housing

• Is motivated with a good attitude

 

Referral process, filling out CR-206
A referral to OCRP is easy. Simply fill out the CR-206 Order of Commitment for Treatment (Incompetency) and indicate on #9 Other:  Referral to OCRP. Please also indicate the defendant’s current address and phone number on the form in the white space below that. Then please fax the CR-206, criminal complaint, and forensic evaluation to 414-271-6667.  More than one case can be listed on the order.

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Change in status, time limit
Defendants found not competent but likely to become competent within the statutory time frame will be evaluated at least every three months by a licensed practitioner at the Wisconsin Forensic Unit (WFU).  A report will be prepared and sent to the court for review and consideration. Should the practitioner opine that the defendant is competent or not competent/not likely to become competent, a court hearing is required within 14 calendar days of the date of the report, per Wisconsin Statute 971.14(5)(c).  Program staff will contact the court to set a hearing date if one has not already been scheduled within that time frame.

 

Court letters and evaluations
Court correspondence from the Clinical Director will be sent to inform the court of the following. Both the prosecuting and defense attorneys will be copied.

• Unable to reach the defendant to evaluate

• Program admission/denial

• Program  removal, warrant and order request

• Others as needed

 

Wisconsin Forensic Unit (WFU) Evaluations

• Every three months following the commitment order

 

Mandatory Release Date (MRD) or Commitment Expiration Date (CE)
OCRP uses a commitment expiration date for determining the maximum amount of time a defendant can statutorily participate in the Program.  Once this date is reached we can no longer provide services without infringing on a defendant’s civil rights. 

 

Travel
From time to time, participants in OCRP will request suspension from program participation for a variety of reasons, including out of state vacation requests. OCRP has no authority to, and thus, is unable to grant such requests. Remediation is court-ordered. OCRP staff is charged with providing psycho-educational sessions as well as monitoring of the participant in the community setting. Neither of these duties can be accomplished when contact with the participant is interrupted. Additionally, OCRP does not have the authority, in the absence of approval from the Court and other parties in the case, to grant permission for the participant to travel out of the county or be excused from programming.

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Program Removal
Should a participant require removal from the program, the court and attorneys will be promptly notified via letter from the Clinical Director.  This letter will indicate the reasons for removal, a final date we will provide service to the defendant, and the defendant’s current contact information. This letter may also include a request for a warrant and order to transport, depending on the circumstances for the removal.

 

Removal information

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Contact us at 414-271-5577 and ask for the Program Administrative Assistant.