Here & Now

Potential Changes to Wisconsin's Bail System

Frederica Freyberg:

Both houses of the legislature have passed a proposed constitutional amendment to change the way cash bail is set in Wisconsin. We’ll hear from both sides of this issue, but first, Marisa Wojcik explains the proposal.

Marisa Wojcik:

Wisconsin voters may have the question of bail reform put before them. The Wisconsin State Legislature passed a resolution that could give judges more latitude in deciding if someone charged with a crime requires higher bail amounts or stricter conditions of release. The primary function of bail is to ensure someone who is accused of a crime will return to court for trial. Currently, the court must follow certain conditions under which a person is eligible for release, and the district attorney is the one that requests bail amounts. Under this proposal, judges will consider a person’s criminal history and potential threat to public safety when setting bail. This debate has come to the forefront after a man out on bail tore through a downtown Waukesha Christmas parade in his SUV, killing six people and injuring dozens more. The joint resolution must be taken up and passed by the legislature again next session before the question will go in front of voters to ratify the state’s constitution. The Republican proposal was passed largely along party lines and in seeking a constitutional amendment, the legislature bypasses the governor’s authority to veto the measure.