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State Assembly considers new pretrial detention bills

By: Michaela Paukner, [email protected]//December 6, 2019//

State Assembly considers new pretrial detention bills

By: Michaela Paukner, [email protected]//December 6, 2019//

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A Wisconsin Assembly committee is considering three bills that would implement new pretrial detention procedures and discourage use of cash bail.

The measures came from a commissioned joint study on bail release. They would support an amendment to the Wisconsin constitution about bail and go into effect upon its passage.

The Assembly Committee on Judiciary held a public hearing for the bills on Thursday.

Assembly Bill 608 requires the court to review a defendant’s bail if it has not been met within 72 hours from the time of initial appearance and then every seven days after for as long as the person is detained.

Assembly Bill 609 would change the pretrial detention procedure by making the following changes:

  • Authorizes court commissioners to conduct pretrial detention hearings;
  • Makes a person eligible for pretrial detention if they’re accused of committing other offenses and poses a serious risk of inflicting serious bodily harm on a community member, intimidating a witness or not showing up for court;
  • Allows a district attorney to request a pretrial detention hearing by making a motion alleging any of the above reasons and removes the requirement to file a copy of the complaint charging commission of a crime that qualifies the defendant for pretrial detention;
  • Establishes rules governing the pretrial detention hearing;
  • Requires the state to establish probable cause that the defendant committed the predicate offense;
  • Allows holding of the defendant for an additional period of time not to exceed 60 days for a misdemeanor and 90 days for a felony;
  • Allows reopening of the pretrial hearing at any time for certain conditions; and
  • Removes provision providing that delay is caused by the defendant only if the delay is expressly requested by the defendant.

Assembly Bill 610 allows a court to consider the results of a validated pretrial risk assessment in imposing bail or other pretrial release conditions.

“An update is needed to provide additional flexibility to hold individuals that do not rely on how much money someone has but instead if the person poses a danger to the community,” said Rep. Cindi Duchow, R-Town of Delafield and author of the bills.

Milwaukee and Dane counties are already using pretrial risk assessment during bail hearings. Retired Milwaukee County Circuit Court judge Jeffrey Kremers appeared on behalf of Milwaukee County Chief Judge Maxine White to testify in favor of the bills. He said Milwaukee has seen success implementing the risk assessment tools without seeing a rise in crime.

“Everybody is different who comes in front of the court, and we ought to be setting bail and making these release determinations on the risk that person poses,” Kremers said.

Some of the committee members questioned why the bills were introduced before the amendment and why, despite having bipartisan participation in the study, the bills only had Republican sponsors.

Rep. Evan Goyke, D-Milwaukee, said he was part of the study and disappointed the bills were presented as partisan and as three separate measures. He voted against AB609 because it was broken out as a separate measure.

“I support the transition to a pretrial detention system, but I do not support it without the elimination or substantial reduction of cash bail within the text of the bill that will deliver the pretrial detention system,” Goyke said.

The Senate counterparts have been referred to the Committee on Insurance, Financial Services, Government Oversights and Courts.

Seven bills also passed

The committee also passed the following seven bills during Thursday’s meeting:

  • Assembly Bill 222, which clarifies when license revocation occurs after repeated offenses related to operating while intoxicated, passed unanimously.
  • Assembly Bill 257, which authorizes the Department of Employee Trust Funds to withhold retirement funds from an employee ordered to pay restitution for stealing from a state employer, passed unanimously.
  • Assembly Bill 478, which prohibits a judge from holding a nonjudicial office of public trust while serving in appointed office, passed 5-2.
  • Assembly Bill 479, which expedites criminal proceedings involving elderly victims and witnesses, passed 7-0.
  • Assembly Bill 512, which authorizes a student loan payment pilot program for rural public defenders, passed 7-0.
  • Assembly Bill 514, which clarifies standards for attorneys who accept public-defender appointments, passed 7-0.
  • Assembly Bill 204, which makes changes to municipal ordinance enforcement and municipal court procedures, passed as amended 7-0.

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