WisconsinWisconsin


 

 


Competency/ Insanity

Competency

No person who lacks substantial mental capacity to understand the proceedings or assist in his or her own defense may be tried, convicted or sentenced for the commission of an offense so long as the incapacity endures. Wis. Stat. § 971.13.

Competency proceedings and procedure. Wis. Stat. § 971.14.

Insanity

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. Wis. Stat. § 971.15.

Examination of defendant for competency and insanity; procedure. Wis. Stat. § 971.16

Commitment procedure and length for those found not guilty by reason of insanity. Wis. Stat. § 971.17

Special Rules

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Sentencing

Increased penalty if defendant intentionally targeted victim due to their disability (hate crime statute).  Wis. Stat. § 939.645.

Death Penalty 

Wisconsin does not have the death penalty. 

Post-Conviction 

Parole: “Extraordinary health conditions,” including disability, should be taken into account when determining parole eligibility. Wis. Stat. § 302.113.

Correctional officers must be trained in identification of disabilities and the policy must be in their policy manual. Wis. Stat. § 302.365