2015 - 2016 LEGISLATURE
March 10, 2016 - Introduced by Representatives Goyke, Barnes, Bowen, Brostoff,
Kessler, Berceau, Johnson, Spreitzer, Considine and Zamarripa,
cosponsored by Senator L. Taylor. Referred to Committee on Judiciary.
1An Act to amend
20.455 (2) (em); and to create
165.953 of the statutes; 2relating to: creating a grant program for counties to use pretrial risk
3assessment tools, and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill creates a grant program, administered by the department of justice
(DOJ), in which grants are distributed to counties to incorporate into their pretrial
criminal procedure an evidence-based pretrial risk assessment tool. Under the bill,
in order to receive a grant, a county must identify an evidence-based pretrial risk
assessment tool it will use to assess persons charged with crimes in order to calculate
the persons' risk of flight or nonappearance and threat to community safety.
Counties that receive a grant must agree that prosecutors, judges, and court
commissioners will consider the information generated by the risk assessment tool
when setting cash bail amounts and terms of pretrial release. Additionally, counties
that receive a grant must provide information to DOJ regarding the use of the risk
assessment tool, including the number of persons screened and the amounts of cash
bail set and conditions of pretrial release established in each case. DOJ must analyze
the data submitted each year and prepare a progress report that evaluates the
effectiveness of the program. Every five years, DOJ must submit a report
summarizing the grant program and its effects to the legislature.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
20.455 (2) (em) of the statutes is amended to read:
(em) Alternatives to prosecution and incarceration for persons who
3use alcohol or other drugs; presentencing assessments; pretrial release.
The amounts 4
in the schedule for making grants to counties under s.
165.95 (2) and 165.953 (1)
165.953 of the statutes is created to read:
From the appropriation under s. 20.455 (2) (em), the department 7
of justice shall distribute grants to counties on a competitive basis under which a 8
county that receives a grant utilizes an evidence-based pretrial risk assessment tool 9
in order to make recommendations regarding bail and conditions of pretrial release 10
for persons charged with crimes.
) In order to receive a grant under sub. (1), a county shall submit a plan for 12
the expenditure of the grant moneys distributed. A county is eligible for a grant if 13
all of the following apply:
(a) The county identifies an evidence-based pretrial risk assessment tool it 15
intends to incorporate into its criminal proceedings.
(b) The county's plan requires that each person arrested for a crime in that 17
county that is not a crime related to domestic violence be screened using the 18
assessment tool identified in par (a) in order to provide a prosecutor, a defense 19
attorney, and a judge or circuit court commissioner with information on the person's 20
risk of flight or nonappearance and the person's potential threat to public safety.
(c) The county's plan requires prosecutors, judges, and circuit court 2
commissioners in the county to consider the information provided by the screening 3
under par. (b) when determining an appropriate amount of cash bail and appropriate 4
conditions of release.
A county that receives a grant under this section shall provide information 6
to the department of justice regarding its use of the evidence-based pretrial risk 7
assessment tool, including the number of persons screened and the amounts of cash 8
bail set and conditions of pretrial release established in each case. The department 9
may request any data regarding a plan funded under this section that is necessary 10
to evaluate the program and prepare the reports under subs. (4) and (5).
The department of justice shall, annually, analyze the data submitted 12
under sub. (3) for the previous year and prepare a progress report that evaluates the 13
effectiveness of the program. The department shall make the report available to the 14
The department of justice shall, every 5 years, prepare a comprehensive 16
report that analyzes the data submitted under sub. (3) for the previous 5 years, and 17
shall submit the report to the legislature under s. 13.172 (2).