Bail Jumping- “Released from Custody”

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Aaron L. Jacobs

Case No.: 2022AP000658-CR

Officials: Gill, J.

Focus: Bail Jumping- “Released from Custody”

Jacobs appeals nonfinal orders denying his motions to dismiss seventeen felony bail jumping charges and his motion for reconsideration. Jacobs argues that the State fails to state a claim for each of the felony bail jumping charges because he was no longer “released from custody under [WIS. STAT.] ch. 969” (2021-22), at the time that the alleged acts that gave rise to the charges occurred.2 See WIS. STAT. § 946.49.

WISCONSIN STAT. § 946.49(1)(b) states that “[w]hoever, having been released from custody under [WIS. STAT.] ch. 969, intentionally fails to comply with the terms of his or her bond” is guilty of a Class H felony, if the offense with which the person was charged and released under ch. 969 is a felony. No Wisconsin case has addressed the meaning of “having been released from custody” in the context of a defendant who was released under ch. 969, but then after re-arrest (and thereby being placed in custody) pursuant to a bench warrant issued for the case from which the defendant was initially released from custody, allegedly failed to comply with the terms of his or her bond.

Jacobs was not “released from custody under [WIS. STAT.] ch. 969,” see WIS. STAT. § 946.49, at the time of the alleged violations of his bonds in the Forest and Outagamie County cases because he had been arrested on bench warrants issued by the circuit courts in both cases. Until his hearings in those cases under WIS. STAT. 968.09(1), ch. 969 did not apply to him. See § 968.09(2). As such, the State cannot support the seventeen bail jumping charges. The appeals court reverses the circuit court’s nonfinal orders and remand with instructions to grant Jacobs’ motions to dismiss all seventeen of the felony bail jumping charges.

Reversed and remanded.

Decided 09/19/23

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