SB101: Bill Text

LRB-0508/1

EAW:ahe

2019 - 2020 LEGISLATURE

2019 Senate BILL 101

March 15, 2019 - Introduced by Joint Legislative Council. Referred to Committee on Insurance, Financial Services, Government Oversight and Courts.

SB101,1,3 An Act to amend 969.01 (4); and to create 969.01 (4) (c) 1. of the statutes; relating to: the use of a pretrial risk assessment when setting conditions for pretrial 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 Section 1. 969.01 (4) of the statutes is amended to read:

SB101,1,6 969.01 (4) (a) If bail is imposed, it shall be only in the amount found necessary to assure the appearance of the defendant.

SB101,2,3 (b) Conditions of release, other than monetary conditions, may be imposed for the purpose of protecting members of the community from serious bodily harm or preventing intimidation of witnesses. Proper considerations in

SB101,2,6 (c) In determining whether to release the defendant without bail, fixing a reasonable amount of bail, or imposing other reasonable conditions of release are: the, the court may consider any of the following:

SB101,2,7 2. The ability of the arrested person to give bail, the.

SB101,2,9 3. The nature, number, and gravity of the offenses and the potential penalty the defendant faces, whether.

SB101,2,10 4. Whether the alleged acts were violent in nature , the.

SB101,2,12 5. The defendant's prior record of criminal convictions and delinquency adjudications, if any, the.

SB101,2,13 6. The character, health, residence, and reputation of the defendant, the.

SB101,2,15 7. The character and strength of the evidence which has been presented to the judge, whether.

SB101,2,17 8. Whether the defendant is currently on probation, extended supervision, or parole, whether.

SB101,2,19 9. Whether the defendant is already on bail or is subject to other release conditions in other pending cases, whether.

SB101,2,21 10. Whether the defendant has been bound over for trial after a preliminary examination, whether.

SB101,2,23 11. Whether the defendant has in the past forfeited bail or violated a condition of release or was a fugitive from justice at the time of arrest, and the.

SB101,2,25 12. The policy against unnecessary detention of the defendant's a defendant pending trial.

SB101,2 Section 2. 969.01 (4) (c) 1. of the statutes is created to read:

SB101,3,2 969.01 (4) (c) 1. The results of a validated pretrial risk assessment.

SB101,3,3 (End)