Wisconsin Order for Examination under 971.16 (NGI)

State:
Wisconsin
Control #:
WI-SKU-1455
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PDF
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Order for Examination under 971.16 (NGI)

A Wisconsin Order for Examination under 971.16 (CGI) is a court order that allows a mental health professional to evaluate an individual in order to determine whether they are mentally fit to stand trial. This type of order is typically granted when an individual is facing criminal charges and their mental health is in question, or when they are deemed to be a risk of harm to themselves or others. There are two types of Wisconsin Orders for Examination under 971.16 (CGI): 1) a Pre-Trial Competence Evaluation, and 2) a Post-Conviction Competence Evaluation. A Pre-Trial Competence Evaluation is ordered to determine whether an individual is competent to stand trial for the charges they have been charged with, while a Post-Conviction Competence Evaluation is ordered to determine whether an individual is competent to be sentenced and/or serve their sentence.

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FAQ

971.10 Speedy trial. (1) In misdemeanor actions trial shall commence within 60 days from the date of the defendant's initial appearance in court. (a) The trial of a defendant charged with a felony shall commence within 90 days from the date trial is demanded by any party in writing or on the record.

Wisconsin Stat. § 950.04 (1v)(k) provides that victims of crime have the right to ?a speedy disposition of the case in which they are involved as a victim in order to minimize the length of time they must endure the stress of their responsibilities in connection with the matter.?

(1) A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect the person lacked substantial capacity either to appreciate the wrongfulness of his or her conduct or conform his or her conduct to the requirements of law.

161.41 (1) by distributing a controlled substance listed in schedule I or II which is a narcotic drug to a person under 18 years of age who is at least 3 years his or her junior is punishable by the fine authorized by s. 161 . 41 (1) (a) or a term of imprisonment of up to twice that authorized by s.

Stat. § 971.15(3). Wisconsin Stat. § 971.15(1) provides that the defendant may establish an insanity defense by demonstrating that he lacked substantial capacity either to (1) appreciate the wrongfulness of his conduct, or (2) conform his conduct to the requirements of the law.

940.12 Assisting suicide. Whoever with intent that another take his or her own life assists such person to commit suicide is guilty of a Class H felony.

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Wisconsin Order for Examination under 971.16 (NGI)