We know that this process can be confusing for both the defendant and anyone involved in the defendant’s life. We hope the information here will be helpful to you. Please feel free to contact us at any time with your questions.
From time to time, participants in OCRP will request a break from program participation for a variety of reasons, including out of state vacation requests. OCRP has no authority to, and thus, is unable to grant such requests. Remediation is court-ordered. OCRP staff is charged with providing psycho-educational treatment to competency as well as monitoring of the participant in the community setting. Neither of these duties can be accomplished when contact with the participant is interrupted. Additionally, OCRP does not have the authority, in the absence of approval from the Court and other parties in the case, to grant permission for the participant to travel out of the county or be excused from programming.
Those referred to OCRP will have an Environmental Assessment performed by a case management agency as part of the program evaluation process. The stability and safety of this dwelling will be reviewed, along with ascertaining who lives in the home, proximity to alleged victims, the presence/absence of illicit substances, etc. One a defendant is admitted to OCRP, he/she is expected to maintain the residence and sleep there nightly. Overnight stays at any other unapproved dwelling are not permitted. Should a participant desire or need to relocate, this should be discussed with the case manager, who will review this with the clinical director, who must provide approval for such a move. If approval is granted, another Environmental Assessment will be conducted and the new dwelling must also be approved.
Use of alcohol or other intoxicants/drugs while in the Program is not allowed. Confirmation of any use by a participant will result in immediate removal and transfer to an inpatient setting.
The safety of the defendant and the community are the primary concern to OCRP. A defendant who is committed to the Department of Health Services is considered to be in the “care and custody” of the department. Therefore, it is our responsibility to be aware of, and informed, about the defendant’s housing, substance use, adherence to program recommendations, clinical stability, etc. Should any potential concerns arise, staff will respond as needed. This can include referral to additional supports, increased monitoring and assistance, or a transfer to a hospital for stabilization and/or continued remediation treatment.
Frequently Asked Questions (FAQ)
Why do I have to do treatment to competency?
You have been committed to the Department of Health Services. That means that the Judge said you are not competent to stand trial and need competency remediation so you can understand your case and how court works.
Where do I have to do remediation?
Remediation can take place in an inpatient setting or an outpatient setting. As an inpatient, you would live at the state hospital. If you are accepted into the outpatient program, you would be able to stay in your home and go to sessions in, or near, home.
How do I pick outpatient remediation?
You do not get to pick where you receive remediation. If the judge thinks that the outpatient program might work in your case, you will go through an assessment with OCRP staff. After this assessment, the OCRP Clinical Director will make the final decision about your remediation setting.
What is happening with my case?
Right now, your case is on hold. The judge is waiting to see if you will be competent and understand your charges.
How long do I have to do this?
You will need to continue remediation until the Judge says you are ready to go to trial or decides that you will probably not get ready for trial in the time period that the law gives you. The longest you would be involved would be one year from the date you were commitment to the Department of Health Services.
Who do I have to see in the Outpatient Competency Restoration Program (OCRP)?
Your OCRP team consists of the Clinical Director, Behavioral Specialist, and Case Manager. You will meet with the Behavioral Specialist two times each week for sessions. You will also have contact with a case manager that will visit your home and assist with things that might help you to become competent. In some cases, you may need to meet with a psychiatrist if the OCRP team feels it would help you to achieve competency.
What if I don’t like OCRP? Can I quit coming?
No. If you stop coming to remediation sessions or in any way refuse to agree to the rules set by the OCRP team, the OCRP will arrange for you to finish your remediation at one of the inpatient programs at a state institution.
Should I stop seeing my current mental health provider (therapist, psychiatrist, counselor, case manager, etc)?
No. If you are working with someone else, we want you to continue working with them. This program is only about your competency to continue with your legal case.
Will there be more evaluations?
Yes. You will be evaluated for competency every 3 months. If the Judge thinks that you need more remediation , then sessions will continue. If the Judge thinks you are competent, then your case will go on and your competency remediation will stop.
What happens if I can’t come to a session?
We know that people sometimes are not able to make it to their appointments because of illness or a family emergency. If you are not able to come to a session, you should call the Behavioral Specialist as soon as you know you will not be at your appointment. Keep in mind that this should only happen rarely. If you miss too many appointments, it is possible that you will be sent to the inpatient program to finish your remediation.
757 N Broadway, Suite 500
Milwaukee, WI 53202
Tel: (414) 271 – 5577
821 W. State Street, Room 504
Milwaukee, WI 53233
Tel: (414) 278 – 4690