Wisconsin § 971.14 - Competency proceedings.

§ 971.14. Competency proceedings.

971.14(1g) (1g) Definition. In this section, “department” means the department of health services. 971.14(1r) (1r) Proceedings. 971.14(1r)(a) (a) The court shall proceed under this section whenever there is reason to doubt a defendant’s competency to proceed. 971.14(1r)(b) (b) If reason to doubt competency arises after the defendant has been bound over for trial after a preliminary examination, or after a finding of guilty has been rendered by the jury or made by the court, a probable cause determination shall not be required and the court shall proceed under sub. (2) . 971.14(1r)(c) (c) Except as provided in par. (b) , the court shall not proceed under sub. (2) until it has found that it is probable that the defendant committed the offense charged. The finding may be based upon the complaint or, if the defendant submits an affidavit alleging with particularity that the averments of the complaint are materially false, upon the complaint and the evidence presented at a hearing ordered by the court. The defendant may call and cross-examine witnesses at a hearing under this paragraph but the court shall limit the issues and witnesses to those required for determining probable cause. Upon a showing by the proponent of good cause under s. 807.13 (2) (c) , testimony may be received into the record of the hearing by telephone or live audiovisual means. If the court finds that any charge lacks probable cause, it shall dismiss the charge without prejudice and release the defendant except as provided in s. 971.31 (6) . 971.14(2) (2) Examination. 971.14(2)(a) (a) 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. If an inpatient examination is determined by the court to be necessary, the defendant may be committed to a suitable mental health facility for the examination period specified in par. (c) , which shall be deemed days spent in custody under s.