Wisconsin Senate Bill SB427

Wisconsin 2023-2024 Regular Session

• Introduced: 9/8/23
• Refer: 9/8/23
• Failed: 4/15/24

Caption

Bail for criminal defendants who have a previous conviction for bail jumping and Department of Justice collection and reporting of certain criminal case data. (FE)

Impact

The bill's implementation is expected to shift how courts handle bail for certain defendants, potentially increasing the bail amounts required for release. This could lead to higher rates of incarceration for individuals unable to pay the set amounts, particularly impacting low-income defendants. Additionally, the bill mandates the Department of Justice to collect and report comprehensive data concerning criminal cases, including the bail conditions imposed. This enhanced reporting requirement aims to provide greater oversight into how bail decisions are made, and the data will be published annually, giving the public and lawmakers insight into trends in bail setting.

Summary

Senate Bill 427 aims to amend existing statutes concerning bail for criminal defendants, particularly those with prior convictions for bail jumping. It establishes a requirement for court officials to impose bail in cases where defendants have such a conviction, asserting that it is necessary to ensure their appearance in court. Under Bill SB427, anyone with a previous conviction for bail jumping must secure a bond or pay cash not less than $5,000 to be eligible for release, with the bail amount being set at a minimum of $10,000 if the defendant is also charged with a violent crime. The bill also specifies conditions under which bail may be set or denied, focusing on community safety and the protection of witnesses.

Contention

Notable points of contention surrounding SB427 focus on the potential for disproportionately harsh impacts on defendants accused of non-violent crimes, as many may be unable to afford the increased bail amounts. Critics argue that while the bill aims to ensure appearances at court, it may undermine the principle of innocent until proven guilty by imposing financial barriers to pre-trial release. Proponents of the bill assert that these measures are necessary to enhance public safety and accountability in the criminal justice system.