A statutory conflict exists in that the Department of Health Services (DHS), to which the defendant is now committed, does not have the authority to supervise conditional release clients across state lines. HSS 98.03(k) regarding out of state travel for individuals committed under WSS 971.17 indicates that conditional release clients “May not live, work, travel or be trained or educated in another state, because persons committed to the department under s. 971.17 or 980.06, Stats., are not covered by the interstate compact under s. 304.13 Stats., or by s. 304.135, Stats.” The court therefore has four options:
I. Order the defendant to relocate to Wisconsin under the NGI commitment status, on Conditional Release, where mental health services, new employment and a new residence would be established.
II. Commit the defendant to Mendota or Winnebago Mental Health Institution (the defendant may petition the court for conditional release after six months).
III. Convert (with defendant/defense/prosecution agreement) the NGI commitment to a probationary term. This would allow the possibility that the Department of Corrections could obtain an Interstate Compact transfer of supervision. This would avoid a disruption in the defendant’s current living situation and yet provide monitoring and supervision of his compliance with court ordered conditions of his probation.
IV. Terminate the NGI commitment.