AB981,71 12Section 71. 969.01 (1) of the statutes is renumbered 969.01 (1m) and amended
13to read:
AB981,21,2214 969.01 (1m) Before conviction. Before conviction, except as provided in ss.
15969.035 and 971.14 (1r), a defendant arrested for a criminal offense is eligible for
16release under reasonable conditions designed to assure his or her appearance in
17court, protect members of the community from serious bodily harm, or prevent the
18intimidation of witnesses. Bail may be imposed at or after the initial appearance
19only upon a finding by the court that there is a reasonable basis to believe that bail
20is necessary to assure appearance in court. In determining whether any conditions
21of release are appropriate, the judge shall first consider the likelihood of the
22defendant appearing for trial if released on his or her own recognizance.
AB981,72 23Section 72. 969.01 (2) (a) of the statutes is amended to read:
AB981,22,324 969.01 (2) (a) Release pursuant to s. 969.02 or 969.03 may be allowed in the
25discretion of the trial court after conviction and prior to sentencing or the granting

1of probation. This paragraph does not apply to a conviction for a 3rd or subsequent
2violation that is counted as a suspension, revocation, or conviction under s. 343.307,
3or under s. 940.09 (1) or 940.25 in the person's lifetime, or a combination thereof.
AB981,73 4Section 73. 969.01 (3) of the statutes is repealed.
AB981,74 5Section 74. 969.01 (4) of the statutes is renumbered 969.01 (4) (a) and
6amended to read:
AB981,22,137 969.01 (4) (a) If bail is imposed, it shall be only in the amount found necessary
8to assure the appearance of
The court shall release the defendant. unless it finds, by
9clear and convincing evidence, that there is a substantial risk that the defendant will
10not appear for trial, will cause serious bodily harm to a member of the community,
11or intimidate a witness if he or she is released. The nature, number, and gravity of
12the offenses may not solely constitute sufficient reason for refusing to release the
13defendant.
AB981,23,6 14(b) Conditions of release, other than monetary conditions, may be imposed for
15the purpose of protecting members of the community from serious bodily harm or
16preventing intimidation of witnesses. Proper considerations in determining
17whether to release the defendant without bail, fixing a reasonable amount of bail or
18imposing other
reasonable conditions of release are: the ability of the arrested person
19to give bail,
the nature, number and gravity of the offenses and the potential penalty
20the defendant faces, whether the alleged acts were violent in nature, the defendant's
21prior record of criminal convictions and delinquency adjudications, if any, the
22character, health, residence and reputation of the defendant, the character and
23strength of the evidence which has been presented to the judge, whether the
24defendant is currently on probation, extended supervision or parole, whether the
25defendant is already on bail or subject to other release conditions in other pending

1cases, whether the defendant has been bound over for trial after a preliminary
2examination, whether the defendant has in the past forfeited bail, as defined in s.
3969.001 (1), 2013 stats.,
or violated a condition of release or was a fugitive from
4justice at the time of arrest, and the policy against unnecessary detention of the
5defendant's pending trial. No judge may find that any monetary condition is
6necessary to assure the defendant's appearance in court.
AB981,75 7Section 75. 969.02 (title) of the statutes is amended to read:
AB981,23,9 8969.02 (title) Release Pretrial release of defendants charged with
9misdemeanors
.
AB981,76 10Section 76. 969.02 (1) of the statutes is repealed.
AB981,77 11Section 77. 969.02 (2) of the statutes is repealed.
AB981,78 12Section 78. 969.02 (2m) of the statutes is repealed.
AB981,79 13Section 79. 969.02 (3) (intro.) of the statutes is amended to read:
AB981,23,1614 969.02 (3) (intro.) In addition to or in lieu of the alternatives under subs. (1)
15and (2), the
Upon determining that a defendant is eligible for pretrial release, a judge
16may:
AB981,80 17Section 80. 969.02 (4m) of the statutes is amended to read:
AB981,23,2018 969.02 (4m) Any person who is charged with a misdemeanor crime and
19released under this section shall comply with s. 940.49. The person shall be given
20written notice of this requirement.
AB981,81 21Section 81. 969.02 (5) of the statutes is amended to read:
AB981,23,2422 969.02 (5) Once bail has been given conditions of release are set and a charge
23is pending or is thereafter filed or transferred to another court, the latter court shall
24continue the original bail conditions in that court subject to s. 969.08.
AB981,82 25Section 82. 969.02 (6) of the statutes is repealed.
AB981,83
1Section 83. 969.02 (7) of the statutes is repealed.
AB981,84 2Section 84. 969.02 (7m) of the statutes is repealed.
AB981,85 3Section 85. 969.02 (8) of the statutes is repealed.
AB981,86 4Section 86. 969.03 of the statutes is repealed.
AB981,87 5Section 87. 969.035 (5) of the statutes is amended to read:
AB981,24,156 969.035 (5) A pretrial detention hearing is a hearing before a court for the
7purpose of determining if the continued detention of the defendant is justified. A
8pretrial detention hearing may be held in conjunction with a preliminary
9examination under s. 970.03 or a conditional release revocation hearing under s.
10969.08 (5) (b), but separate findings shall be made by the court relating to the pretrial
11detention, preliminary examination and conditional release revocation. The pretrial
12detention hearing shall be commenced within 10 days from the date the defendant
13is detained or brought before the court under sub. (4). The defendant may not be
14denied release from custody in accordance with s. 969.03 969.02 for more than 10
15days prior to the hearing required by this subsection.
AB981,88 16Section 88. 969.035 (7) of the statutes is amended to read:
AB981,24,1917 969.035 (7) If the court does not make the findings under sub. (6) (a) and (b)
18and the defendant is otherwise eligible, the defendant shall be released from custody
19with or without conditions in accordance with s. 969.03 969.02.
AB981,89 20Section 89. 969.035 (8) of the statutes is amended to read:
AB981,24,2521 969.035 (8) If the court makes the findings under sub. (6) (a) and (b), the court
22may deny bail to the defendant for an additional period not to exceed 60 days
23following the hearing. If the time period passes and the defendant is otherwise
24eligible, he or she shall be released from custody with or without conditions in
25accordance with s. 969.03 969.02.
AB981,90
1Section 90. 969.035 (10) of the statutes is amended to read:
AB981,25,32 969.035 (10) The defendant may petition the court to be released from custody
3with or without conditions in accordance with s. 969.03 969.02 at any time.
AB981,91 4Section 91. 969.04 of the statutes is repealed.
AB981,92 5Section 92. 969.05 of the statutes is repealed.
AB981,93 6Section 93. 969.065 of the statutes is repealed.
AB981,94 7Section 94. 969.07 of the statutes is repealed.
AB981,95 8Section 95. 969.08 (title) of the statutes is amended to read:
AB981,25,10 9969.08 (title) Grant, reduction, increase or revocation of Amending
10conditions of release
; revocation of release.
AB981,96 11Section 96. 969.08 (1) of the statutes is amended to read:
AB981,26,212 969.08 (1) Upon petition by the state or the defendant, the court before which
13the action is pending may increase or reduce the amount of bail or may alter other
14conditions
any condition of release or the bail bond or grant bail if it has been
15previously revoked
. Except as provided in sub. (5), a defendant for whom conditions
16of release are imposed and who after 72 hours from the time of initial appearance
17before a judge continues to be detained in custody as a result of the defendant's
18inability to meet the conditions of release, upon application, is entitled to have the
19conditions reviewed by the judge of the court before whom the action against the
20defendant is pending. Unless the conditions of release are amended and the
21defendant is thereupon released, the judge shall set forth on the record the reasons
22for requiring the continuation of the conditions imposed. A defendant who is ordered
23released on a condition which requires that he or she return to custody after specified
24hours, upon application, is entitled to a review by the judge of the court before whom
25the action is pending. Unless the requirement is removed and the defendant

1thereupon released on another condition, the judge shall set forth on the record the
2reasons for continuing the requirement.
AB981,97 3Section 97. 969.08 (2) of the statutes is amended to read:
AB981,26,84 969.08 (2) Violation of the conditions of release or the bail bond constitutes
5grounds for the court to increase the amount of bail or otherwise alter the conditions
6of release or, if the alleged violation is the commission of a serious crime, revoke
7release under this section. No court may increase an amount of monetary bail set
8before the effective date of this subsection .... [LRB inserts date].
AB981,98 9Section 98. 969.08 (5) (b) 3. of the statutes is amended to read:
AB981,26,1910 969.08 (5) (b) 3. Upon a finding by the court that the state has established by
11clear and convincing evidence that the defendant has committed a serious crime
12while on conditional release, the court may revoke the release of the defendant and
13hold the defendant for trial without setting conditions of release. No reference may
14be made during the trial of the offense to the court's finding in the hearing. No
15reference may be made in the trial to any testimony of the defendant at the hearing,
16except if the testimony is used for impeachment purposes. If the court does not find
17that the state has established by clear and convincing evidence that the defendant
18has committed a serious crime while on conditional release, the defendant shall be
19released on bail or other conditions deemed appropriate by the court.
AB981,99 20Section 99. 969.08 (5) (b) 4. of the statutes is amended to read:
AB981,27,421 969.08 (5) (b) 4. If the release of any defendant is revoked under subd. 3., the
22defendant may demand and shall be entitled to be brought to trial on the offense with
23respect to which he or she was formerly released on conditions within 60 days after
24the date on which he or she appeared before the court under subd. 1. If the defendant
25is not brought to trial within the 60-day period he or she shall not be held longer

1without setting conditions of release and shall be released on bail or other conditions
2deemed appropriate by the court. In computing the 60-day period, the court shall
3omit any period of delay if the court finds that the delay results from a continuance
4granted at the exclusive request of the defendant.
AB981,100 5Section 100. 969.08 (8) of the statutes is amended to read:
AB981,27,86 969.08 (8) Information stated in, or offered in connection with, any order
7entered under this chapter setting bail or other conditions of release need not
8conform to the rules of evidence, except as provided under sub. (5) (b) 2. or s. 901.05.
AB981,101 9Section 101. 969.08 (9m) of the statutes is amended to read:
AB981,27,1210 969.08 (9m) A person who has had bail his or her release revoked under this
11section is entitled to placement of his or her case on an expedited trial calendar and
12his or her trial shall be given priority.
AB981,102 13Section 102. 969.09 of the statutes is amended to read:
AB981,27,18 14969.09 Conditions of bond release. (1) If a defendant is admitted to bail
15released before sentencing, the conditions of the bond release shall include, without
16limitation, the requirements that the defendant will appear in the court having
17jurisdiction on a day certain and thereafter as ordered until discharged on final order
18of the court and that the defendant will submit to the orders and process of the court.
AB981,27,24 19(2) If the defendant is admitted to bail released upon appeal, the conditions of
20the bond release shall be that the defendant will duly prosecute the defendant's
21appeal, that the defendant will appear at such time and place as the court directs,
22and that if the judgment is affirmed or reversed and remanded for a new trial or
23further proceedings upon notice after remittitur, the defendant will surrender to the
24sheriff of the county in which the defendant was tried.
AB981,28,2
1(3) A defendant shall receive a copy of the bond which the defendant executes
2pursuant to this chapter
conditions of release set pursuant to this chapter.
AB981,103 3Section 103. 969.10 of the statutes is amended to read:
AB981,28,7 4969.10 Notice of change of address. A person who has been released on bail
5or other conditions
under this chapter shall give written notice to the clerk of any
6change in his or her address within 48 hours after the change. This requirement
7shall be printed on all bonds.
AB981,104 8Section 104. 969.11 (1) of the statutes is amended to read:
AB981,28,159 969.11 (1) If the defendant is arrested in a county other than the county in
10which the offense was committed, he or she shall, without unreasonable delay, either
11be brought before a judge of the county in which arrested for the purpose of setting
12bail or other conditions of release or be returned to the county in which the offense
13was committed. The judge shall release him or her on conditions imposed in
14accordance with this chapter to appear before a court in the county in which the
15offense was committed at a specified time and place.
AB981,105 16Section 105. 969.11 (2) of the statutes is amended to read:
AB981,28,2017 969.11 (2) If the defendant is released on bail or other conditions pursuant to
18sub. (1), the judge shall make a record of the proceedings and shall certify his or her
19minutes thereof and shall forward the bond and bail to the court before whom the
20defendant is bound to appear
.
AB981,106 21Section 106. 969.12 of the statutes is repealed.
AB981,107 22Section 107. 969.13 of the statutes is repealed.
AB981,108 23Section 108. 969.14 of the statutes is repealed.
AB981,109 24Section 109. 970.02 (2) of the statutes is amended to read:
AB981,29,3
1970.02 (2) The judge shall admit the defendant to bail release the defendant
2and set conditions of release or refuse to release the defendant
in accordance with
3ch. 969.
AB981,110 4Section 110. 970.03 (1) of the statutes is amended to read:
AB981,29,95 970.03 (1) A preliminary examination is a hearing before a court for the
6purpose of determining if there is probable cause to believe a felony has been
7committed by the defendant. A preliminary examination may be held in conjunction
8with a bail revocation hearing under s. 969.08 (5) (b), but separate findings shall be
9made by the judge relating to the preliminary examination and to the bail revocation.
AB981,111 10Section 111. 970.03 (2) of the statutes is amended to read:
AB981,29,1511 970.03 (2) The preliminary examination shall be commenced within 20 days
12after the initial appearance of the defendant if the defendant has been released from
13custody or within 10 days if the defendant is in custody and bail has been fixed in
14excess of $500
. On stipulation of the parties or on motion and for cause, the court may
15extend such time.
AB981,112 16Section 112. 971.14 (2) (am) of the statutes is amended to read:
AB981,30,317 971.14 (2) (am) Notwithstanding par. (a), if the court orders the defendant to
18be examined by the department or a department facility, the department shall
19determine where the examination will be conducted, who will conduct the
20examination and whether the examination will be conducted on an inpatient or
21outpatient basis. Any such outpatient examination shall be conducted in a jail or a
22locked unit of a facility. In any case under this paragraph in which the department
23determines that an inpatient examination is necessary, the 15-day period under par.
24(c) begins upon the arrival of the defendant at the inpatient facility. If an outpatient
25examination is begun by or through the department, and the department later

1determines that an inpatient examination is necessary, the sheriff shall transport
2the defendant to the inpatient facility designated by the department, unless the
3defendant has been released on bail.
AB981,113 4Section 113. 971.14 (2) (b) of the statutes is amended to read:
AB981,30,85 971.14 (2) (b) If the defendant has been released on bail, the court may not
6order an involuntary inpatient examination unless the defendant fails to cooperate
7in the examination or the examiner informs the court that inpatient observation is
8necessary for an adequate examination.
AB981,114 9Section 114. 971.14 (2) (d) of the statutes is amended to read:
AB981,30,1610 971.14 (2) (d) If the court orders that the examination be conducted on an
11inpatient basis, the sheriff of the county in which the court is located shall transport
12any defendant not free on bail released to the examining facility within a reasonable
13time after the examination is ordered and shall transport the defendant to the jail
14within a reasonable time after the sheriff and county department of community
15programs of the county in which the court is located receive notice from the
16examining facility that the examination has been completed.
AB981,115 17Section 115. 971.20 (9) of the statutes is amended to read:
AB981,30,2118 971.20 (9) Judge's authority to act. Upon the filing of a request for
19substitution in proper form and within the proper time, the judge whose substitution
20has been requested has no authority to act further in the action except to conduct the
21initial appearance, and accept pleas and set bail.
AB981,116 22Section 116. 971.31 (6) of the statutes is amended to read:
AB981,31,223 971.31 (6) If the court grants a motion to dismiss based upon a defect in the
24indictment, information or complaint, or in the institution of the proceedings, it may
25order that the defendant be held in custody or that the defendant's bail be continued

1defendant remain released for not more than 72 hours pending issuance of a new
2summons or warrant or the filing of a new indictment, information or complaint.
AB981,117 3Section 117. 972.08 (2) of the statutes is amended to read:
AB981,31,134 972.08 (2) Whenever a witness attending in any court trial or appearing before
5any grand jury or John Doe investigation under s. 968.26 fails or refuses without just
6cause to comply with an order of the court under this section to give testimony in
7response to a question or with respect to any matter, the court, upon such failure or
8refusal, or when such failure or refusal is duly brought to its attention, may
9summarily order the witness's confinement at a suitable place until such time as the
10witness is willing to give such testimony or until such trial, grand jury term, or John
11Doe investigation under s. 968.26 is concluded but in no case exceeding one year. No
12person confined under this section shall be admitted to bail may be released pending
13the determination of an appeal taken by the person from the order of confinement.
AB981,118 14Section 118. 973.15 (1) of the statutes is amended to read:
AB981,31,1915 973.15 (1) Except as provided in s. 973.032, all sentences to the Wisconsin state
16prisons shall be for one year or more. Except as otherwise provided in this section,
17all sentences commence at noon on the day of sentence, but time which elapses after
18sentence while the convicted offender is at large on bail upon release by a court shall
19not be computed as any part of the term of imprisonment.
AB981,119 20Section 119. 973.20 (9m) of the statutes is repealed.
AB981,31,2121 (End)
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