from orders of the circuit court for Chippewa County Cir. Ct.
No. 2015CF169: RODERICK A. CAMERON, Judge. Affirmed.
Stark, P.J., Hruz and Seidl, JJ.
Corey Fugere appeals an order for commitment placing him in
institutional care and an order denying his postdisposition
motion to withdraw his plea of not guilty by reason of mental
disease or defect (NGI). Fugere claims his NGI plea was not
made knowingly, intelligently, and voluntarily because the
circuit court failed to accurately inform him of the correct
maximum term of civil commitment he faced under W . S .
§ 971.17 (2015-16). IS TAT 
We conclude that while a circuit court must correctly advise
a defendant pleading NGI of the maximum term of imprisonment
he or she faces, a court's failure to accurately advise a
defendant of his or her possible maximum civil commitment
term does not render an NGI plea unknowing, unintelligent, or
involuntary. The safeguards required for a valid plea apply
only to the guilt phase of an NGI plea, and an
individual's possible civil commitment resulting from an
acquittal during the subsequent mental responsibility phase
is neither a "punishment" nor a direct consequence
of a defendant pleading guilty or no contest during the guilt
phase. Therefore, a circuit court need not advise a defendant
regarding his or her possible civil commitment-much less do
so accurately-in order for a defendant's NGI plea to be
knowing, intelligent, and voluntary. Applying these standards to
the facts of this case, Fugere is not entitled to withdraw
his plea. Accordingly, we affirm.
In April 2015, the State charged Fugere with four counts of
first- degree sexual assault of a child under the age of
twelve. At the time the charges were filed, Fugere was
committed at the Mendota Mental Health Institute on a prior
order of commitment. In the earlier case, Fugere was found
NGI of third-degree sexual assault.
A plea agreement was reached in this case, the terms of which
were as follows: (1) Fugere would plead NGI to one count of
first-degree sexual assault of a child, and all other charges
would be dismissed and read in; (2) Fugere would waive his
right to a trial on the issue of guilt and admit to there
being a factual basis that he committed the crime; (3) both
parties would stipulate that Fugere, as a result of a mental
disease or defect, lacked substantial capacity to appreciate
the wrongfulness of his conduct or to conform his conduct to
the requirements of law; (4) both the State and Fugere would
recommend to the circuit court that Fugere be civilly
committed for thirty years; (5) Fugere would submit a DNA
sample and pay the related surcharge; and (6) both parties
would stipulate that the circuit court order a
predispositional investigation to determine if a conditional
release plan was appropriate.
Fugere then pled NGI to one count of first-degree sexual
assault of a child. The circuit court explained to Fugere
that the effect of his plea would be that Fugere was
admitting he committed the act, but also that he was
asserting he had a mental disease or defect that made him
legally not responsible for the act. Fugere confirmed he
understood this explanation.
The following exchange occurred during the plea colloquy:
THE COURT: You are not actually going [to] be found guilty of
the charge today. You are going to be found [not] guilty by
reason of mental disease or defect, which is a bit different,
but it means you could be placed on supervision for up to 30
[PROSECUTOR]: Sixty years is the maximum.
THE COURT: Sixty years, but the recommendation is 30 years,
do you ...