Lawmakers to fast track bail reform amendment, referendum could be placed on April ballot

 

MADISON, Wis. (CBS 58) – Bail reform is back in the spotlight at the state Capitol as Republican lawmakers are working to fast track a constitutional amendment that would make it more difficult for violent defendants to get out on bail.

The Legislature passed the bipartisan measure last year and if approved again this session, it will be placed on the ballot for voters to weigh in. 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.

State Sen. Van Wanggaard (R-Racine) and Rep. Cindi Duchow (R-Town of Delafield) plan to hold a hearing on the proposal Tuesday.

Lawmakers have until Jan. 24 to pass the constitutional amendment since it must pass two consecutive sessions. Duchow said she’s confident the measure will be approved swiftly in both chambers with the goal of placing the referendum on the April 2023 ballot.

“The sooner we can get this passed, the safer our communities will be,” Duchow said. “These are violent crimes with a violent conviction, and I think everyone is going to be safer.”

Reforming bail laws has been debated for years in the Legislature but recently gained momentum after public outrage over the Waukesha Christmas parade where Darrell Brooks plowed his SUV through the parade route killing six and injuring dozens. In November, Brooks was sentenced to 762 years in prison.

Deja Vishny, a criminal defense attorney in Milwaukee, said she doubts the proposal would have made a difference in the Brooks case and will have an impact in the future. She called Brooks bail an "error" and believes judges do weigh the defendant's criminal history when determining bail.

“This constitutional amendment effectively would have had no impact on what occurred,” Vishny said.

She believes there are better alternatives to reform the criminal justice system, such as eliminating cash bail.

“I think cash bail and other remedies in the criminal system need to be looked at that are actually effective for public safety,” said Vishny.

Proponents of ending cash bail believe it would work better than the current system which sets a price some people can pay, and others can’t. Opponents argue it could lead to more offenders being released back into communities.