by Benjamin Yount
Republicans in Madison are moving quickly to change how bail works in Wisconsin.
A pair of lawmakers want to take the first vote next week on a Constitutional amendment that would give judges more latitude in deciding when to keep someone in jail and when to release them.
Rep. Cindi Duchow, R-Delafield, and Sen. Van Wanggaard, R-Racine, on Wednesday re-introduced the proposed amendment to the legislature.
“Anyone paying attention knows that Wisconsin’s bail system is in need of reform. It just isn’t working right,” Wanggaard said. “Allowing a judge to consider more factors when setting bail not only makes sense, it makes us all safer.”
Wisconsin’s constitution requires judges to offer some kind of bail, and requires them to only consider whether a suspect is likely to return to court setting their bail. Judges are banned from considering how dangerous a criminal is or how severe the crime was.
“Wisconsin’s bail policy is a national outlier that makes us less safe,” Duchow said. “We currently rely on the integrity of defendants arrested for violent crimes, and it is no surprise when they victimize more innocent people.”
The idea first came to the surface after it was discovered that the Waukesha Christmas Parade killer, Darrell Brooks Jr., was freed on a $1,000 bond just days before he plowed through the parade crowd back in 2021.
The amendment passed last session, and must pass again this year before it can be put on the ballot for voters. The hope is to vote on the amendment next Tuesday so the amendment can be placed on the ballot in April.
Critics say cash bail only punishes poor people, and are fighting the idea of making changes that could result in more people being kept behind bars.
“We should use common sense and what works in our fight against violent criminals,” Duchow added. “Courts should be able to set bail for violent crimes based on reasonable factors.”
Wanggaard, who spent his early career in law enforcement, said lawmakers need to keep the community and potential victims in mind as well.
“No one wants to see someone sitting in jail on a minor crime because they can’t pay a $100 cash bail,” Wanggaard said. “But we don’t want a dangerous criminal out on the streets because they aren’t a flight risk, either. This proposal gives courts the flexibility they need to protect the public.”
The amendment is scheduled for a hearing on Tuesday.
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Benjamin Yount is a contributor to The Center Square.
Photo “Cindi Duchow” by Representative Cindi Duchow. Photo “Van Wanggaard” by Senator Van Wanggaard. Background Photo “Bail Bonds” by Darylosswald. CC BY-SA 3.0.
