Questions about Rights of Victims and Concerned Parties

Q: Who is covered under the Victims' Bill of Rights?
A: A crime victim, as defined by s. 304.06(1)(c)(3) stats., is a person against whom a crime has been committed or, if the victim is deceased, an adult member of the victim's family or, if the victim is under 18 years old, the victim's parents or legal guardian.

Q: What should I do if I feel that I am not being given these rights?
A: You should call the Wisconsin Victim Resource Center at 1-800-446-6564 for assistance.

Questions about VOICE/VINE

Q: What is VOICE/VINE and what information can I get through VOICE/VINE?
A: VOICE/VINE stands for Visual Offender Information CEnter and VINE stands for Victim Information and Notification Everyday. VOICE/VINE is an informational service for you, designed and maintained by the Wisconsin Department of Corrections, Office of Victim Services and Programs (OVSP). VOICE/VINE is a database of information, as well as a communication tool that can be accessed by you in two different ways:

• Internet at this Web site
• Automated telephone system at 1-800-398-2403

Things enrolled Victims can find out via the automated phone system:

1. location of the Offender, if incarcerated
2. parole eligibility date
3. length left on sentence
4. supervision status: Incarcerated or supervised in the community on parole
5. home address, employment or school information if the Offender is required to register with the Sex Offender Registry

The system also offers the opportunity for enrolled Victims to receive written or electronic notification from the DOC Office of Victim Services and Programs advising them of updates to the Offender's status as requested. These updates can include:

1. written notification of upcoming Parole/Presumptive Mandatory Release interviews and the opportunity to submit a statement to the Parole Commission or to participate further
2. notification of the Parole Commission's decision
3. notification of Offender release
4. notification of Offender death
5. notification of Offender escape/apprehension
6. notification of registered sex offender's change of address

Q: Who is able to access VOICE/VINE and how does one enroll to use VOICE/VINE?
A: Anyone who is a Victim of a crime where the Offender was convicted in Wisconsin and sentenced to the Wisconsin Department of Corrections may enroll to receive offender information through VOICE/VINE.

How to enroll:

• obtain an OVSP Enrollment Form from your County's Victim/Witness Assistance office or from the Department of Corrections Office of Victim Services and Programs
• complete it
• tear off your copy and keep it for your records
• mail the other copy to the Department of Corrections, Office of Victim Services and Programs (the address is preprinted on the form).

OVSP Enrollment Forms are customarily given to Victims by the County Victim Witness Coordinator at the time of the Offender's conviction.

Along with the OVSP Enrollment Form, you will receive a VINE Card with a ten-digit VOICE/VINE User ID Number pre-printed on it.

Approximately three weeks after you complete and mail your OVSP enrollment form, you may attempt to access the VOICE/VINE system via telephone at 1-800-398-2403 or via the Internet at this Web site.

If you did not receive an OVSP Enrollment Form, or you lost the one you received, you may request one in either of the following ways:

Q: I remember using VINE. Why is there VOICE/VINE, now?
A: VINE is the original automated phone system that Victims use, to receive information about Offenders. VOICE offers access to offender information via the Internet and allows electronic communication.

Q: I remember registering for VINE. Will my old VINE number still work with the new VOICE/VINE system?
A: Yes, your original VINE ID number will work with the VOICE/VINE system. So, if you are already registered to use VINE, from anytime in the past, you do not need to complete new OVSP Enrollment Forms for VOICE/VINE. However, if your personal information has changed, please be sure to notify us as explained below.

Q: Do I need to notify someone if my address or phone changes? How do I update my personal information, if there are changes?
A: It is very important that your personal information is kept current in the VOICE/VINE database. There are two main reasons for the importance of this:

1. our ability to notify you of important information regarding the Offender (examples: parole interview, release, escape, death)
2. our ability to confirm your address for the mailing of restitution checks from the offender

There are different ways to update your address or name, if they change. The method you use is entirely up to you:

1. On this Web site click the Sign In button at the top of any page, and after you have signed in, click the Enrollment button to review and update your information.
2. Obtain an OVSP Enrollment Form from your County Victim/Witness Assistance Office or from the DOC Office of Victim Services and Programs. Complete the form and return it to the address printed on the form.

Q: What if there were several Offenders for my case? Do I need to enroll into VOICE/VINE separately for each Offender?
A: Enrolling into VOICE/VINE: Yes, you will need to enroll into VOICE/VINE separately, for each Offender. So, for example, if there are two Offenders who were convicted of crimes against you, you will need to complete two separate OVSP Enrollment Forms, and then send them both to the Department of Corrections Office of Victim Services and Programs.

However, you will only receive one VINE card with a preprinted ten-digit User ID Number on it, no matter how many offenders or cases are involved. This one User ID Number will allow you to access information via telephone on all offender/cases for which you enrolled. This simplifies the process of accessing information on multiple Offenders. One VINE card will get you all of the information you need if you have filled out OVSP Enrollment Forms for each offender.

Accessing VOICE/VINE: Once your OVSP Enrollment Form(s) have been mailed to the Department of Corrections, you should wait approximately three weeks before you attempt to access the information via telephone at 1-800-398-2403 or via the Internet.

To access VOICE/VINE, you will enter your ten-digit VOICE/VINE User ID Number (it is printed on your VINE card). Access via the Internet also requires a password.

Ways I Can Get Information about the Offender

Q: How can I get information about the Offender, and what things can I find out?
A: If you have enrolled to use this system, you can get information about the Offender in the following ways:

1. Access the VOICE/VINE automated database (available 24 hours a day, seven days a week) at 1-800-398-2403 or via the Internet at this Web site.
2. Call Department of Corrections, Office of Victim Services and Programs (OVSP) at 1-800-947-5777, or in the Madison area at 608-240-5888. You may speak with a victim advocate during normal business hours or after business hours leave a confidential phone message.

Things you can find out via the automated phone system or this Web site:

1. location of the Offender if incarcerated
2. parole eligibility date
3. length left on sentence
4. supervision status: Incarcerated or supervised in the community on parole
5. home address, employment or school information if the Offender is required to register with the Sex Offender Registry

Q: How can I contact an Offender's Probation/Parole Agent?
A: Contact the Office of Victim Services and Programs or your local Probation/Parole Office to get more information.

Questions about Parole Interviews and Possible Early Release

Q: What is a Parole Interview?
A: A Parole Interview (also referred to as a Parole Hearing in the past) is a meeting between the Offender and a Parole Commissioner to determine if the Offender will be released from incarceration earlier than his/her full Mandatory Release date.

Parole interviews are conducted only for Offenders who committed a felony before 12/31/99. For Offenders who committed a felony on or after 12/31/1999 and were given a sentence of at least one year, the Truth in Sentencing law applies and Parole is not available.

The first Parole Interview that an Offender receives usually occurs at the 1/4-point of his/her original sentence, unless it is specifically noted that the Offender has no Parole Eligibility date. In cases where the Offender has no Parole Eligibility Date, the Offender will not be considered for Parole.

Q: Where does a Parole Interview occur?
A: Parole Interviews occur at the Institution where the Offender is serving his/her sentence. Offenders do not leave the Institution to attend a Parole Interview. Instead, the Parole Commissioner travels to the Institution. If an Offender is at an out-of-state Institution, then the Parole Interview occurs over the phone. There are no "courtrooms" at Institutions, so the rooms chosen for these interviews are usually offices or small conference rooms.

Q: How often will an Offender get a Parole Interview?
A: This varies from case to case.

In cases where a judge decides an offender will NOT be eligible for parole, there will not be any Parole Interviews. Most Offenders, however, do have a Parole Eligibility Date (PED). For most Offenders, the first Parole Eligibility Date (PED) is set to occur at the 1/4 mark of their original sentence. The first Parole Interview usually occurs one month before the Parole Eligibility Date (PED). Any subsequent Parole Interviews (in the event that the Offender was not granted Parole at his/her first Parole Interview) will usually occur two months before the new Parole Eligibility Date (PED), as set by the Parole Commissioner.

If an Offender is granted parole, he/she will not need another Parole Interview.

If they are not granted Parole at their first Parole Interview, there will be a comment from the Parole Commissioner as to when the Offender may be eligible for Parole again. This is called a defer or deferral. For example, Offenders may be given a "12-month defer" or a "24-month defer," etc., and their Parole Eligibility Dates will change accordingly. This means that the Offender will not again be eligible for parole until that amount of time has passed. Other than the first Parole Interview (which occurs one month before the PED), all other Parole Interviews will occur approximately two months before the new Parole Eligibility Date.

Offenders may voluntarily choose to waive their opportunity for a Parole Interview. This means that they have chosen not to go through the process of being considered for Parole. If they waive their Parole Interview, they must reapply to have another opportunity for Parole consideration.

Q: What things are reviewed at a Parole Interview?
A: Parole Commissioners review many things when considering parole for an Offender. Some examples of things reviewed:

1. offense(s) committed
2. time served
3. time remaining on their sentence
4. letters from Victims/Witnesses/concerned parties
5. treatment completed vs. treatment uncompleted
6. conduct reports (if any)
7. previous offenses

Q: How will I know if a Parole Interview is going to take place? Can I have input into the Parole Interview? How would I communicate my input?
A: If you are enrolled in the Department of Corrections VOICE/VINE database, with a current address, you will receive notice from the Department of Corrections' Office of Victim Services and Programs notifying you of an upcoming Parole Interview.

This notice is typically sent approximately two months before the scheduled Parole Interview. If you choose to receive notice via the U.S. mail, the reverse side of the letter you receive will provide a form for you to express your concerns and feelings in writing, and you may attach additional pages if you wish.

When your statement is received by the Office of Victim Services and Programs, a "Confidential" cover sheet will be added to it. The statement with its "Confidential" cover sheet will be placed into the Offender's confidential file, to be reviewed by the Parole Commissioner at the time of the Offender's Parole Interview. Neither the Offender nor the Offender's attorney can review this confidential file, so your identity and statements will remain private.

Please note that you do not have to wait until you receive notice of the Parole Interview to submit letters to the Department of Corrections, Office of Victims Services and Programs. You may submit letters to us at any time, and we will forward them to the Offender's confidential file. Address:

Wisconsin Department of Corrections

Office of Victim Services and Programs

PO Box 7925

Madison, WI 53707-7925

Q: How will I be notified of what was decided at a Parole Interview?
A:You will receive notification from the DOC Office of Victim Services and Programs about the results of the Parole Interview if you are enrolled in the VOICE/VINE database with a current address and you have indicated that you wish to be notified of Parole Interviews.

IMPORTANT NOTE: You will be notified of release even if you did not request notice of Parole Interviews.

Questions about Escapes or Releases

Q: How will I know if the Offender escapes from the Institution where he/she is incarcerated?
A: The following are different ways you may receive information if the Offender escapes.

If you are enrolled in the VOICE/VINE database and have indicated that you wish to be notified of escape, the Department of Corrections will make every attempt to contact you by phone to notify you of the escape. It is important, however, that you keep your personal information current in the VOICE/VINE database!

There are different ways to update your address or name, if they change. The method you use is entirely up to you:

1. On This Web site click the Sign In button at the top of any page, and after you have signed in, click the Enrollment button to review and update your information.
2. Obtain an OVSP Enrollment Form from your County Victim/Witness Assistance Office or from the DOC Office of Victim Services and Programs. Complete the form and return it to the address printed on the form.

Q: How will I know if the Offender is released early on Parole?
A: If it was decided at the Parole Interview that the Offender will be released early because he/she was granted Parole, then Victims of that Offender who are enrolled in the VOICE/VINE database (with current personal information) will receive notification of the Offender's early-release.

Questions about Arranging to Meet with the Offender (called "Victim-Offender Conferencing")

Q: Why would I want to meet with the Offender?
A: There are many different and individual reasons that Victims/Survivors would want to meet with the Offender. Some feel that meeting with the Offender will help them to better process the crime, and feel that the crime was less "random." Some have questions that they want to ask the offender that they could not ask at the time of the trial or the sentencing. Some want to see for themselves if the offender has changed. Some want the opportunity to communicate directly to the Offender(s) the long-term impact that the crime had on them, their family and their community. You do not have to meet with the Offender; it is your decision.

Q: Who will be present during a Victim-Offender Conference?
A: The conference would more than likely include the following people:

• You
• Support person(s) for you, if you choose
• Offender
• Offender's social worker, agent or other professional
• A trained facilitator
• Security personnel

Q: How can I get more information about Victim-Offender Conferencing?
A: If you want more information on Victim-Offender Conferencing, please contact the Department of Corrections Office of Victim Services and Programs electronically via this Web site, by phone at 1-800-947-5777, or by sending a letter to:

Wisconsin Department of Corrections

Office of Victim Services and Programs

PO Box 7925

Madison, WI 53707-7925

Questions about Unwanted Contact (Letters, Phone Calls, etc.) from an Offender

Q: What should I do if I am receiving unwanted contact from an Offender?
A: In the case of an emergency, contact your local law enforcement agency immediately. For any non-emergency contacts, notify the institution where the offender is incarcerated or the Probation/Parole office where the offender is supervised. For assistance and/or advocacy you may contact the Department of Corrections' Office of Victim Services and Programs electronically via this Web site, by phone at 1-800-947-5777, or by sending a letter to:

Wisconsin Department of Corrections

Office of Victim Services and Programs

PO Box 7925

Madison, WI 53707-7925

Q: If I am aware that the Offender is violating his/her Probation/Parole, who should I call?
A: In the case of an emergency, contact your local law enforcement agency immediately. For non-emergency concerns, notify the Probation/Parole office where the offender is supervised. For assistance and/or advocacy you may contact the Department of Corrections' Office of Victim Services and Programs electronically via this Web site, by phone at 1-800-947-5777, or by sending a letter to:

Wisconsin Department of Corrections

Office of Victim Services and Programs

PO Box 7925

Madison, WI 53707-7925

Questions about Victims' Restitution/Compensation/Child Support

Q: What is restitution?
A: Restitution is the amount of money that the Court orders an Offender to pay to the Victim as part of the disposition in a criminal case. Restitution is intended to help compensate the Victim for financial losses such as property damage and medical expenses that occurred as the result of the crime.

Q: How do I know if I am eligible to receive restitution and where would I apply for it?
A: If you believe you should receive restitution, you should discuss that concern with the Victim/Witness staff person who is assisting you, or the Attorney who is prosecuting the Offender, before the Offender's sentencing. Your losses need to be brought to the attention of the Judge, so that they can be considered when ordering restitution. You do not "apply" for restitution, it is court-ordered by the Judge at the time of the Offender's sentencing. The County Victim/Witness office will ask you to provide information in order for the Court to determine restitution. It is very important that you complete the forms and worksheets given to you by the County Victim/Witness office. You need to make your losses known to the Victim/Witness office or the District Attorney.

Q: How is restitution paid?
A: This will vary according to the following:

1. how much money the Offender was court-ordered to pay you
2. the ability of the Offender to pay

Restitution checks will be sent to you via the mail.

It is very important that you keep your address current with the Department of Corrections! If the Department of Corrections does not have your current address, it is possible that you will NOT receive your Restitution checks.

There are different ways to update your address or name, if they change. The method you use is entirely up to you:

1. On This Web site click the Sign In button at the top of any page, and after you have signed in, click the Enrollment button to review and update your information.
2. Obtain an OVSP Enrollment Form from your County Victim/Witness Assistance Office or from the DOC Office of Victim Services and Programs. Complete the form and return it to the address printed on the form.

Q: What if I think I should be getting restitution, but I am not receiving any checks?
A: Most Offenders are on a monthly payment plan. But if the Offender is in jail, or in a treatment facility, or if their employment status has changed as a result of being laid-off/injured/fired from their job, your payments may not be received as planned. Another possible explanation for not receiving Restitution checks may be that your address may have changed, and the Department of Corrections may not have your current address. You may contact the Probation /Parole Agent for more information. You may also contact the Office of Victim Services and Programs for assistance.

It is very important that you keep your address current with the Department of Corrections! If the Department of Corrections does not have your current address, it is possible that you will NOT receive your Restitution checks.

There are different ways to update your address or name, if they change. The method you use is entirely up to you:

1. On This Web site click the Sign In button at the top of any page, and after you have signed in, click the Enrollment button to review and update your information.
2. Obtain an OVSP Enrollment Form from your County Victim/Witness Assistance Office or from the DOC Office of Victim Services and Programs. Complete the form and return it to the address printed on the form.

Q: What if an Offender is set to be discharged from Probation/Parole, and all of my restitution has not yet been paid?
A: It is possible that an Offender's time on Probation may be extended beyond the Offender's maximum discharge date, if the offender has not made a good faith effort to pay restitution. When the Offender is set to complete his/her Probation soon and still owes you restitution, you can contact the Probation/Parole Agent for more information. You may also contact the Office of Victim Services and Programs for assistance.

It is not possible to extend an Offender's time on Parole.

If the Offender owes restitution and supervision is not extended, the Court will file a civil judgment against the Offender for the remaining restitutiuon owed.

Q: What is Crime Victim Compensation?
A: Crime Victim Compensation is money available through the Department of Justice, Crime Victim Compensation Program that may be paid to eligible Victims for expenses such as medical, hospital, lost wages, funeral expenses, etc. There are approximately 2,500 claims filed each year, and of those claims filed, approximately 75% of them are approved and benefits are paid.

IMPORTANT: The time limit for filing a claim with the Department of Justice, Crime Victim Compensation Program is one year from the date of the crime. There is a provision to extend this time limit, however this is for limited situations only. If you believe you will have financial expenses in the future as a result of the crime, it is important to file a claim now. The exact dollar amount can be determined later and your file will remain open until the maximum dollar amount has been paid out, as long as you have an initial claim on file with the Department of Justice.

The following may be eligible:

1. an innocent victim who suffers injury from a crime
2. a dependent or legal representative of an innocent victim who has been killed as a result of a crime
3. a person who is injured while aiding a crime victim or helping a police officer
4. a person who suffers a reaction from the death of a family or household member
5. a person who is injured in an automobile accident caused by a drunk driver

For more information on Crime Victim Compensation -

• You may write to:

Crime Victim Compensation

PO Box 7951

Madison WI 53707-7951

Q: Will the Offender have access to my home address through these checks (either Restitution checks or Crime Victim Compensation checks)?
A: No, absolutely not. Restitution payments go from Offender to the Department of Corrections Cashier's Office. Then the Cashier's Office issues a completely new check, payable to the Victim. Victim Compensation Checks come from the Department of Justice.

Q: Will I still receive child support payments from the Offender when they are incarcerated?
A: You may still receive child support. However, this will depend on the Offender's financial situation. For assistance and information, you should call your County Department of Human Services/Social Services.

Questions about Custody of Children

Q: What will happen to an Offender's custody of his/her children once he/she is incarcerated?
A: This will depend on the specific case. For assistance and information, you should call your County Department of Human Services/Social Services.

Q: What if I do not believe the Offender should maintain parental rights due to his/her offense?
A: Removal of parental rights is done through the Court. For assistance and information, you should call your County Department of Human Services/Social Services.

Questions about an Offender's Sentence

Q: How is an Offender's sentence determined?
A: An Offender's sentence is determined by the Judge, at the time of the Offender's trial.

Q: What happens when a Judge sentences someone to prison under the Truth-in-Sentencing law?
A: Any person who commits a FELONY on or after December 31, 1999, and is sentenced to at least one year of confinement in prison, would serve their prison time followed by a period of extended supervision upon release. Offenders will not have their sentence reduced for good behavior; however offenders who violate prison rules may have additional days added to the confinement portion of their sentence. Once an offender completes the confinement portion of the sentence, he/she will be released and will be supervised by a Department of Corrections Probation/Parole agent. This supervision period is referred to as extended supervision (ES).

Q: What happens to an Offender once he/she is sentenced?
A: The Offender first goes to an institution for evaluation to determine a custody level and program needs. After assessments and risk-ratings are completed, an offender is assigned to an appropriate Institution that can best meet his/her program needs at the appropriate custody level.

Q: What is extended supervision?
A: The specific length of time, as ordered by the Court under the Truth-in-Sentencing law, that the offender is supervised in the community by a DOC Probation/Parole Agent following release from incarceration. Other than life sentences, the term of extended supervision may not be less than 25% of the length of the term of confinement in prison. Extended supervision begins after the offender has already completed the confinement portion of their sentence. For example, an offender may be sentenced to serve six years of confinement (prison time), followed by two years of extended supervision.

Q: What is revocation?
A: Revocation refers to an offender on supervision losing the privilege of remaining in the community and, as a result, being placed in prison or jail, because the offender has seriously violated the rules and conditions of supervision. A violation does not always lead to revocation. The offender's supervising PArole/Probation Agent decides, based on many factors including the severity and the frequency of the violations, whether to recommend revocation. The offender has the right to a revocation hearing held before an Administrative Law Judge who reviews the evidence and decides if revocation is appropriate.

Questions about Offender's Institution Placement

Q: Why do Offenders get moved to different institutions?
A: There are several different reasons for the movement of Offenders to different Institutions:

1. Space - since there is a constant flow of new Offenders into the Department of Corrections institutions, Offenders may be transferred to make room for other Offenders
2. Security concerns - an Offender may exhibit behavior that warrants a change in custody level and a move to an Institution with a more appropriate security level.
3. Program needs - every program within the Department of Corrections is not offered at every institution. Often, an offender must be moved to a different institution to complete a program need. An offender may also be moved if new programming is deemed necessary for that offender.

Q: Is it true that Wisconsin uses out-of-state Institutions? Who decides if an offender will be moved out-of-state?
A: Yes, Wisconsin currently contracts with out-of-state Institutions.

When the Offender is first admitted to the custody of the Department of Corrections, during the initial assessment process, the Offender is screened to see if he/she would be suitable for out-of-state placement. Also, during an Offender's time in custody, he/she will periodically be screened to consider the appropriateness of out-of-state placement.

From the Offenders recommended for out-of-state placement, the Department of Corrections will forward a list of "eligible" Offenders to the out-of-state Institutions for their review.

Each out-of-state Institution has a certain set of guidelines and restrictions that determine which Wisconsin Offenders they will accept, and those that they will not accept. This list includes information such as:

1. needed custody and security level
2. type of crime
3. medical restrictions

The staff at the out-of-state Institution has the final decision on which Offenders they will accept and which Offenders they will decline.

Q: Will an Offender be released early as a reward for going to an out-of-state Institution?
A: No, an Offender will not receive any special consideration as a result of being moved to an out-of-state Institution.

Questions about Registered Sex Offenders

Q: What does a "Registered" Sex Offender mean?
A: Beginning June 1, 1997, persons convicted of a felony sex-offense are required to register with the Department of Corrections. "Registration" means that the Offender needs to update the Department of Corrections with information regarding their address, employment, school enrollment, and any name changes.

People who are convicted of, adjudicated or committed for a violation, solicitation, conspiracy or attempt to commit a violation of any registerable offense on or after 12/25/1993 must register. This also includes people who have been in prison, on probation or parole or in a mental or county correctional institution since 12/25/93 for a registerable offense.

Additionally, the following sex offenders are required to register in Wisconsin if they live, work or attend school in Wisconsin:

1. any sex offender who is required to register with another state/jurisdiction
2. any sex offender convicted in a military, tribal, or federal court
3. any sex offender who has been convicted in another state of an offense comparable to one of Wisconsin's registerable offenses
4. any juvenile who is on supervision and enters Wisconsin under the Interstate Compact Agreement

Q: Are all Sex Offenders registered?
A: No, not all Sex Offenders are registered. It depends on the exact statute number that the Offender was charged with, and the date the Offender was convicted (on or after 12/25/1993). If you have further questions:

Q: For how long does a Sex Offender have to register?
A: This "registration" will continue for either 15 years after the expiration of the Offender's sentence, or for the rest of the Offender's life, depending on the case.

Q: How can I get information on Registered Sex Offenders?
A: If you are a Victim of a Registered Sex Offender, and you are enrolled in the Department of Corrections VOICE/VINE database, you may access the VOICE/VINE system to obtain updated information on the Offender by calling the automated telephone service at 1-800-398-2403 or via this Web site.

When a Registered Sex Offender is being released into a community, law enforcement in that community will be notified by the Department of Corrections with regard to the Offender's move or release to that community. Local Law Enforcement will determine the level of community notification they wish to have exercised. There are three levels of community notification used, ranging from notifying law enforcement only, to use of the media and community meetings. For more information on community notifications, please contact the Department of Corrections, Sex Offender Registry Program:

Q: Will my name be associated with a Registered Sex Offender if I am a Victim of that Registered Sex Offender? Will the public see my name?
A: Absolutely not. The public does not have access to information about Victims of any crimes, including those of Registered Sex Offenders. In fact, certain sex offenses (such as incest) will not even be specified to the public on the Web site, so as not to give out information with which the public could "deduce" who might be the possible Victims.

Questions about the legal status of Not Guilty By Reason of Mental Disease or Defect

Q: What does this legal status mean?
A: The Not Guilty By Reason of Mental Disease or Defect (NGI for short) is a two part process. First, the defendant must be found guilty of the committing offense. The court then orders the defendant to be examined by at least two independent examiners. The criteria for the NGI plea is that the defendant was not responsible for criminal conduct if at the time of such conduct, as a result of mental disease or defect, the defendant lacked substantial capacity either to appreciate the wrongfulness of their conduct or conform their conduct to the requirements of the law.

Q: Why is information about an NGI case considered confidential?
A: Mental health information about NGI offenders, including placement and treatment, are protected under Wis. Stat. ¤ 51.30, the Mental Health Act and HFS 92, Wis. Administrative Code. Distribution of this information is limited to those who have statutory access or who are ordered by the court to have access. After you are enrolled in VOICE/VINE you can find out via the automated phone system or this Web site when an offender is:

1. Conditionally released to the community
2. Committed to an institution
3. Returned to conditional release after a conditional release revocation
4. Allowed to go on a home visit while at an institution
5. Reaching the end of their commitment
6. Has died

Q: What happens to people on this legal status?
A: Persons found NGI are committed to the Department of Health Services (DHS). The committing court determines placement. Options include institutional care at one of the two state mental health institutions, Mendota or Winnebago or directly back into the community on conditional release. The court shall order institutional care if it finds by clear and convincing evidence that conditional release of the person would pose a significant risk of bodily harm to himself or herself or to others or of committing serious property damage. If the court does not make this finding, it shall order conditional release. Persons committed for institutional care may petition the committing court for conditional release if at least 6 months have elapsed since the initial commitment order was entered, the most recent release petition was denied or the most recent order for conditional release was revoked.

Q: How long is an offender committed to the Department of Health Services under the NGI law?
A: For misdemeanors offenses, the NGI defendant may be committed to the DHS for a specified period of time not exceeding two thirds of the maximum term of imprisonment that could be imposed against an offender convicted of the same crime or crimes. For felonies offenses, the court shall commit defendants to a specified period not exceeding the maximum term of imprisonment. First degree murder is a commitment for life. The court sets the commitment period.

Q: Can an offender be released from a commitment sooner?
A: A person on conditional release may petition the committing court to terminate the order of commitment. The court shall terminate the order of commitment unless it finds by clear and convincing evidence that further supervision is necessary to prevent a significant risk of bodily harm to the person or to others or of serious property damage. A petition for termination may not be filed unless at least 6 months have elapsed since the person was last placed on conditional release or since the most recent petition for conditional release was denied.

Q: What is Conditional Release?
A: If the court finds the person appropriate for conditional release into the community, the court order places the person in the custody and control of the DHS. The conditionally released person is subject to the conditions set by the court and to the rules of the department. A specific conditional release treatment plan for the offender is developed to address their treatment issues and reduce their risk to the community. Each offender who is granted a conditional release by the committing court is assigned a case manager and a Department of Corrections Probation and Parole Agent to monitor them in the community. These staff, along with the offender, comprise the core conditional release team. Depending on the offenders treatment needs and community risk factors, other team members may include a psychiatrist, mental health therapist, substance abuse counselor, or group home staff members, to name a few. By communicating and functioning as a cohesive team, any necessary adjustments to the conditional release plan or violations by the offender to the conditions of release are addressed rapidly and communicated back to the committing court.

Q: What happens if the offender violates the rules or conditions of their conditional release?
A: If the DHS alleges that a released person has violated any condition or rule, or that the safety of the person or others requires that conditional release be revoked, he or she may be taken into custody under the rules of the department. If the court determines after a hearing that any rule, condition or the safety of the person or others requires that the conditional release be revoked, it may revoke the order for conditional release and order that the released person be placed in an appropriate institution until the expiration of the commitment or until again conditionally released.

Questions about the legal status of Sexually Violent Person (SVP) commitment

Q: What does this legal status mean?
A: Chapter 980 or the Sexually Violent Persons law was created to address sex offenders with the highest risk to reoffend. A small percentage of sex offenders are committed under this status after they have completed their time for a conviction, adjudication or NGI commitment for a sexually violent offense. This legal status is a civil commitment, not an extension of a conviction. The civil commitment is intended to provide treatment and secure placement in order to reduce the personŐs risk to reoffend. Persons who have committed a sexually violent offense are assessed prior to release to determine if they meet criteria for commitment under Chapter 980. If the person meets criteria and when they are within 90 days of release from a facility, a petition for commitment is filed by a District Attorney or the Department of Justice. A person is detained by the Department of Health Services until the commitment trial. If the Court finds that the person has a mental disorder and finds that the person is more likely than not to commit a future act of sexual violence, then the person is committed to the custody and control of the Department of Health Services. If the Court does not make this finding, the petition is dismissed and the person is released from custody.

Q: Why is some information about an SVP case considered confidential?
A: Mental health information about SVP offenders, including treatment, are protected under Wis. Stat. ¤ 51.30, the Mental Health Act and HFS 92, Wis. Administrative Code. Distribution of this information is limited to those who have statutory access or who are ordered by the Court to have access. After you are enrolled in VOICE/VINE you can find out via the automated phone system or this Web site when an offender is:

1. Committed to an institution
2. Commitment petition is dismissed
3. Placed on supervised release to the community
4. Returned to supervised release after a supervised release revocation
5. Has been discharged from their commitment
6. Has died

Q: What happens to people on this legal status?
A: When a petition for commitment is submitted to the Court by a District Attorney or the Department of Justice and Probable Cause is found, persons are detained at a Department of Health Service (DHS) institution, either at the Wisconsin Resource Center (WRC) near Oshkosh or the Sand Ridge Secure Treatment Center (SRSTC) in Mauston. The person stays at a DHS institution in detained status or in commitment status until the Court orders discharge or supervised release. After commitment, the person is evaluated annually to determine if they continue to meet criteria. If the Court finds that the person continues to meet criteria, then they remain committed. If the Court finds that the person meets criteria for supervised release they remain committed but are placed on supervised release in the community, in the county of residence. If the Court finds that the person no longer meets criteria, they are discharged from their commitment and discharged from custody and from the institution or discharged from supervised release.

Q: How long is an offender committed to the Department of Health Services under the SVP law?
A: A person is committed to DHS as an SVP for an indefinite period of time. What this means is that there is no mandatory or maximum release date established. Persons committed are evaluated annually by DHS psychologists and by the SVP treatment program experts and they complete annual reports. These reports include information regarding whether the evaluator opines that this person meets criteria for commitment and whether this person meets criteria for supervised release. These reports are submitted to the Court and then the person has 30 days to petition the Court for discharge or supervised release.

Q: How is an offender released from an SVP institution or discharged from commitment?
A: A person who is detained but subsequently not committed as an SVP will be released from an institution when their petition is dismissed. Once a person is committed there are two ways that a person can be released; placed on supervised release or discharged.

Q: What is Supervised Release?
A: The Supervised Release process is a bifurcated legal process. First, if the Court finds the person appropriate for supervised release into the community, the court orders DHS to develop a supervised release plan for the Court to consider. A specific and detailed plan is developed to address the personŐs treatment needs and other services including placement. The plan specifically addresses the safety of the community and how the risk of the individual will be addressed. Second, if the Court approves the plan, the Court order for Supervised Release places the person in the custody and control of the DHS. The supervised released person is subject to the conditions set by the court, statutory requirements and to the rules of the DHS. Requirements include, but are not limited to compliance with lifetime Sex Offender Registry, monitoring with GPS. For at least the first year, persons on supervised release may not leave their residence unless under the direct supervision of a Department of Corrections (DOC) escort and only for the purposes of approved religious activities, employment and essential activities of daily living such as treatment and grocery shopping. Each offender who is granted a supervised release by the committing court is assigned a DHS Supervised Release Specialist and a DOC Probation and Parole Agent to monitor them in the community. These staff and the offender comprise the core supervised release team. Other team members include a treatment provider, staff who transport and monitor the offender, etc. By communicating and functioning as a cohesive team, any necessary adjustments to the supervised release plan or violations by the offender to the conditions of release are addressed rapidly which may include custody and communicated to the committing court and petition for revocation.

Q: What happens if the offender violates the rules or conditions of their supervised release?
A: If the Department of Health Services believes that a person on supervised release, or awaiting placement on supervised release, has violated, or threatened to violate, any condition or rule of supervised release, the department may petition for revocation of the order granting supervised release or may detain the person. If the department believes that a person on supervised release, or awaiting placement on supervised release, is a threat to the safety of others, the department shall detain the person and petition for revocation of the order granting supervised release. Persons detained may be placed in jail or a DHS institution. If the Court revokes the person, they are returned to a DHS institution.