2019 - 2020 LEGISLATURE
March 15, 2019 - Introduced by Joint Legislative Council. Referred to Committee
on Insurance, Financial Services, Government Oversight and Courts.
SB101,1,3 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
3pretrial release.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.
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.
SB101,1 4Section 1. 969.01 (4) of the statutes is amended to read:
SB101,1,65 969.01 (4) (a) If bail is imposed, it shall be only in the amount found necessary
6to assure the appearance of the defendant.
1(b) Conditions of release, other than monetary conditions, may be imposed for
2the purpose of protecting members of the community from serious bodily harm or
3preventing intimidation of witnesses. Proper considerations in
SB101,2,6 4(c) In determining whether to release the defendant without bail, fixing a
5reasonable amount of bail, or imposing other reasonable conditions of release are:
, the court may consider any of the following:
SB101,2,7 72. The ability of the arrested person to give bail, the.
SB101,2,9 83. The nature, number, and gravity of the offenses and the potential penalty
9the defendant faces, whether.
SB101,2,10 104. Whether the alleged acts were violent in nature , the.
SB101,2,12 115. The defendant's prior record of criminal convictions and delinquency
12adjudications, if any, the.
SB101,2,13 136. The character, health, residence, and reputation of the defendant, the.
SB101,2,15 147. The character and strength of the evidence which has been presented to the
15judge, whether.
SB101,2,17 168. Whether the defendant is currently on probation, extended supervision, or
17parole, whether.
SB101,2,19 189. Whether the defendant is already on bail or is subject to other release
19conditions in other pending cases, whether.
SB101,2,21 2010. Whether the defendant has been bound over for trial after a preliminary
21examination, whether.
SB101,2,23 2211. Whether the defendant has in the past forfeited bail or violated a condition
23of release or was a fugitive from justice at the time of arrest, and the.
SB101,2,25 2412. The policy against unnecessary detention of the defendant's a defendant
25pending trial.
1Section 2. 969.01 (4) (c) 1. of the statutes is created to read:
SB101,3,22 969.01 (4) (c) 1. The results of a validated pretrial risk assessment.
SB101,3,33 (End)