2019 - 2020 LEGISLATURE
March 15, 2019 - Introduced by
Joint Legislative Council. Referred to Committee
on Insurance, Financial Services, Government Oversight and Courts.
1An Act to amend
969.01 (4); and to create
969.01 (4) (c) 1. of the statutes; 2relating to: the use of a pretrial risk assessment when setting conditions for
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Joint Legislative Council prefatory note: This bill draft was prepared for the
Joint Legislative Council's Study Committee on Bail and Conditions of Pretrial Release.
The draft provides that a court may consider the results of a validated pretrial
assessment in imposing bail or other pretrial release conditions. The draft also makes
non-substantive formatting revisions.
969.01 (4) of the statutes is amended to read:
969.01 (4) (a)
If bail is imposed, it shall be only in the amount found necessary 6
to assure the appearance of the defendant.
Conditions of release, other than monetary conditions, may be imposed for 2
the purpose of protecting members of the community from serious bodily harm or 3
preventing intimidation of witnesses. Proper considerations in
determining whether to release the defendant without bail, fixing a 5
reasonable amount of bail,
or imposing other reasonable conditions of release are:
6the, the court may consider any of the following:
ability of the arrested person to give bail, the.
and gravity of the offenses and the potential penalty 9
the defendant faces, whether.
the alleged acts were violent in nature
defendant's prior record of criminal convictions and delinquency 12
adjudications, if any, the.
character, health, residence,
and reputation of the defendant, the.
character and strength of the evidence which has been presented to the 15
the defendant is currently on probation, extended supervision,
the defendant is already on bail or
subject to other release 19
conditions in other pending cases, whether.
the defendant has been bound over for trial after a preliminary 21
the defendant has in the past forfeited bail or violated a condition 23
of release or was a fugitive from justice at the time of arrest, and the.
policy against unnecessary detention of
the defendant's a defendant 25
969.01 (4) (c) 1. of the statutes is created to read:
(c) 1. The results of a validated pretrial risk assessment.