Bills · 2025-2026 Regular Session
Relating to: establishing a presumption that persons accused of crimes are eligible for pretrial release and ending cash bail in Wisconsin (first consideration).
Constitutional amendments — First consideration Consumer protection Court — Procedure Crime and criminals
- Introduced, stopped here
- Passes Assembly, not reached
- Passes Senate, not reached
- Adopted, not reached
Unfamiliar terms? Glossary
What this bill does
Plain-language analysis by the nonpartisan Legislative Reference Bureau
Under the Wisconsin Constitution, 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 harm, or prevent the intimidation of witnesses. Additionally, monetary bail may be imposed as a condition of release upon a finding that there is a reasonable basis to believe that it is necessary to assure the appearance of the accused in court or if the person is accused of a violent crime and the court finds that there is a reasonable basis to believe that monetary bail is necessary based on the totality of the circumstances, taking into account certain criteria specified in the constitution. Finally, under the constitution, 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 depending on the circumstances.
This constitutional amendment, proposed to the 2025 legislature on first consideration, does all of the following:
1. Inserts the word “presumed” before “eligible” in the constitution to provide that all persons, before conviction, shall be “presumed eligible” for release under reasonable conditions designed to assure their appearance in court, protect members of the community from serious harm, or prevent the intimidation of witnesses.
2. Eliminates cash bail entirely.
3. Requires that if, as the constitution authorizes, the legislature provides by law that a court may deny release to a person accused of certain serious felonies for specified periods of time, that law must include a presumption that the person is eligible for release, which must be overcome by the prosecution in order for the court to deny the person release.
A proposed constitutional amendment requires adoption by two successive legislatures, and ratification by the people, before it can become effective.