Lawmakers debate bail amendment, seek to advance four constitutional amendments

 

MADISON Wis. (CBS 58) --- Lawmakers and criminal justice officials debated a proposal at the state Capitol Tuesday that would allow court officials to consider more factors when setting bail.

It's one of four constitutional amendments Republican lawmakers are looking to pass this session and put on the ballot.

Constitutional amendments do not require approval from a governor, therefore Gov. Tony Evers cannot veto them. In order to place a referendum on the ballot, proposals must pass two consecutive sessions.

One proposed change to the state constitution aims to make it more difficult for violent offenders to get out on bail. It was introduced by Republicans in wake of the Waukesha Christmas parade tragedy in 2021.

During a public hearing, some attorneys spoke in favor of the measure.

"This simply allows judges to take more into consideration," said Michael Thurston, assistant district attorney in Waukesha County. "An important ingredient that's missing is the dangerousness of the offender. That explicitly is not permitted currently."

The measure passed with bipartisan support last session, but Democrats on the Assembly and Senate Judiciary and Public Safety Committee expressed doubts it would make a difference.

Sen. Chris Larson (D-Milwaukee) argued the proposal wouldn't reform the criminal justice system. He believes it could lead to judges setting higher bail amounts, which some can afford, and others can't.

"It builds on a system that relies on cash and how much money you have," Larson said. "Why are we not reforming the system to say if someone is a risk to the community they will be held in pretrial detention because they are a risk regardless of the amount of money they have."

The proposal would require judges to consider a defendant's violent history, risk to the public, or probability of them not appearing in court when setting bail. Currently, bail is set as a way to ensure someone shows up to court.

Rep. Cindi Duchow, a Republican who co-sponsored the amendment, said her goal is to have the Assembly vote on the measure next week. It's expected to pass out of committee Wednesday.

Republicans are also working to pass a constitutional amendment to give the Legislature a say in how to spend federal funds. Rep. Robert Wittke (R-Racine) said it's designed to restore authority to lawmakers instead of the governor deciding how to spend federal aid.

"If I was governor, I would want to work with the Legislature to figure out the best way to deploy these funds to benefit the citizens of this state," Wittke said.

According to the Legislative Reference Bureau, lawmakers gave the governor sole authority to distribute federal funds during the Great Depression.

Gov. Evers called the proposal a GOP power grab and unnecessary.

"I think it's another way they can take authority away from the governor of Wisconsin, whether it's me or someone else," Evers said during an event in Watertown.

During the pandemic, Evers was able to allocate billions in federal Covid-19 aid which frustrated members of the GOP-controlled Legislature.

“The legislature controls the state’s checkbook, and this constitutional amendment restores legislative oversight for the spending of federal funds on state priorities," said Sen. Howard Marklein, a co-sponsor of the measure. "This is not political, and it has nothing to do with Governor Evers. I believe the Legislature should have oversight and should be accountable for state spending no matter who is governor."

The two additional constitutional amendments Republicans plan to reintroduce would ban private election grants and tweak the constitution to say only citizens can vote.