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
757.69 (1) (b); and to create
969.095 of the statutes; relating
2to: modification of bail in a criminal action.
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 was prepared for the Joint
Legislative Council's Study Committee on Bail and Conditions of Pretrial Release. The
bill requires a court to review the bail of a defendant within 72 hours of initial appearance
if the defendant remains in custody as a result of his or her inability to meet the bail.
Thereafter, the court must review the bail every 7 days. The bill requires the court to set
forth the reasons for requiring the continuation of the bail, unless the bail is adjusted and
the defendant is released. The bail review requirement only becomes effective if an
amendment to Article I, section 8 (3) of the Wisconsin Constitution, the provision relating
to pretrial detention, is ratified.
757.69 (1) (b) of the statutes is amended to read:
(b) In criminal matters issue summonses, arrest warrants or search 5
warrants, determine probable cause to support a warrantless arrest, conduct initial
appearances of persons arrested, set bail, inform the defendant in accordance with 2
s. 970.02 (1), conduct bail review hearings under s. 969.095,
refer the person to the 3
authority for indigency determinations specified under s. 977.07 (1), conduct the 4
preliminary examination and arraignment, and, with the consent of both the state 5
and the defendant, accept a guilty plea. If a court refers a disputed restitution issue 6
under s. 973.20 (13) (c) 4., the circuit court commissioner shall conduct the hearing 7
on the matter in accordance with s. 973.20 (13) (c) 4.
969.095 of the statutes is created to read:
9969.095 Review and adjustment of bail. (1)
The court shall review the bail 10
of a defendant for whom bail is imposed and who continues to be detained in custody 11
as a result of his or her inability to meet the bail. The court shall conduct this review 12
within 72 hours from the time of initial appearance before the court and every 7 days 13
thereafter for as long as the defendant continues to be detained in custody as a result 14
of his or her inability to meet bail. Unless the bail is adjusted and the defendant is 15
thereupon released, the court shall set forth the reasons for requiring the 16
continuation of the bail imposed.
Subsection (1) applies only if, on or after the effective date of this subsection 18
.... [LRB inserts date], an amendment to article I, section 8 (3) of the constitution is 19
ratified. The elections commission shall notify the legislature of the effective date 20
of the amendment under s. 7.70 (3) (h).