Proposed Constitutional Amendment on Bail Reform will be on Wisconsin's April Ballot

Friday, January 20th, 2023 -- 9:00 AM

(Bob Hague, WRN) At the Capitol, the state Assembly passes a proposed constitutional amendment on bail reform.

Delafield Republican Cindi Duchow says judges will now be able to consider past convictions of those charged with crimes. “They're gonna look back at their past criminal convictions. They're going to sort out the dangers to the community and then they're going to set their bail. And if they want to set it for $10 they can do it if they want to set it for 10 million. We are not handcuffing our judges.”

Milwaukee Democrat Dora Drake was among the no votes, “If we’re serious about safety, there are other measures to do that.” She noted prosecutors and public defenders are understaffed and underfunded. Thursday’s vote puts the referendum question on the April ballot statewide.

Wisconsin voters will be able to weigh in on a proposed constitutional amendment on bail reform as part of the April statewide ballot. In Assembly debate Thursday, Milwaukee Democrat Evan Goyke argued against the proposal, and for pretrial detention.

“I support pretrial detention. I support people that pose a public safety risk being held in custody. But when we make that decision and that measure solely about money, we allow a subgroup of people the opportunity to buy their way out of jail.”

The amendment’s author, Delafield Republican Cindi Duchow, said pretrial detention has been on books for decades in Wisconsin, but has never been used. Democrats argued instead for use of pretrial detention. The amendment’s author, Delafield Republican Cindi Duchow.

“Pretrial detention doesn't work. It’s basically a mini trial before your trial. The victim has to come in and testify which can be traumatizing for a victim of violent crime. You have to have a whole little mini hearing. You have to have all your evidence. You have to have your DNA back. We don't have the physical space to do it, nor do we have the finances to do it.”

The measure, which will be on the April statewide ballot, will allow judges to consider past convictions of those charged with crimes, when setting bail. The Assembly also approved putting a nonbinding, advisory referendum on the ballot. Voters will be asked if able bodied adults should be required to apply for work in order to receive welfare benefits.

That’s already required under state law, but Republicans argue it’s not being enforced.

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