AJR 107

Under the Wisconsin Constitution, all of the following apply:

1. A person accused of a crime is eligible for release before conviction under

reasonable conditions designed to assure the appearance of the accused in court,

protect members of the community from serious bodily harm, or prevent the

intimidation of witnesses.

2. The legislature is authorized to provide by law that a court may deny release

to a person accused of certain serious felonies for specified periods of time only if the

court finds based on clear and convincing evidence that the accused committed the

felony and that available conditions of release will not adequately protect members

of the community from serious bodily harm or prevent the intimidation of witnesses.

3. Monetary bail may be imposed only upon a finding that there is a reasonable

basis to believe that it is necessary to assure the appearance of the accused in court.

This constitutional amendment, proposed to the 2021 legislature on first

consideration, does all of the following:

1. Provides that the accused is eligible for release before conviction under

reasonable conditions designed to protect members of the community from serious

harm, not just serious bodily harm, in addition to the other conditions specified

above.

2. Authorizes the legislature to provide by law that a court may deny release

to a person accused of certain serious felonies if the court finds that available

conditions of release will not adequately protect members of the community from

serious harm, not just serious bodily harm, in addition to the other findings specified

above.

3. Eliminates the requirement that monetary bail may be imposed only upon

a finding that there is a reasonable basis to believe that it is necessary to assure the

appearance of the accused in court. Instead, the constitutional amendment

authorizes the court, in fixing the amount of bail, to consider the seriousness of the

offense charged, the previous criminal record of the accused, the probability that the

accused will appear in court, and the need to protect members of the community from

serious harm or prevent the intimidation of witnesses.

A constitutional amendment requires adoption by two successive legislatures,

and ratification by the people, before it can become effective.