State v. Smith

In this case, we are called upon to decide a single point. At issue is whether a trial court has the authority to designate the maximum level of inpatient facility as part of a reexamination hearing held pursuant to sec. 971.17 (2), Stats. We agree with the trial court that it has no such authority and affirm its decision.

In 1974, a trial court found Ronald Smith not guilty of criminal charges by reason of mental disease or defect. The trial court committed Smith to the Department of Health and Social Services, and the Department placed Smith in Central State Hospital. Smith petitioned for a…