Politics & Government

New WI Bills Aim To Change Bail System, Opponents Say It Won't Prevent Crime

Wisconsin Republicans introduced bills aimed at changing the bail system, citing low bail in the Waukesha parade tragedy.

Lawmakers said the bills are meant to protect lives by keeping repeat offenders in jail, but an advocacy group said they won't prevent crime.
Lawmakers said the bills are meant to protect lives by keeping repeat offenders in jail, but an advocacy group said they won't prevent crime. (Scott Anderson/Patch)

WISCONSIN — Republican lawmakers on Wednesday announced legislation to set bail at a minimum level of $10,000 for people previously convicted of felonies or violent misdemeanors, along with other changes to the state's bail system.

Three bills were introduced by state Sen. Julian Bradley (R-Franklin) and state Rep. Chuck Wichgers (R-Muskego) in the wake of the Waukesha parade tragedy, the lawmakers said in a statement.

The lawmakers cited the low bail that allowed a man facing felony charges to be released from custody; he was later charged in the deaths of six people at the Waukesha Christmas parade.

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"We must bring accountability and transparency to the court system to ensure serial criminals don't continually have the opportunities to put our communities and families in harm's way," Bradley said.

The bill drafts include the following changes.

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  • One bill would set a minimum bail of $10,000 for people previously convicted of a felony or a violent misdemeanor.
  • A second bill would prohibit courts from setting an unsecured bond or releasing someone previously convicted of bail jumping. A defendant can be released only if he puts up a cash deposit of at least $5,000.
  • A third bill would require the Wisconsin Department of Justice to report every crime someone is charged with, along with the conditions of release, the name of the presiding judge and the name of the prosecuting attorney assigned to the case.

The legislation followed criticism of Milwaukee County District Attorney John T. Chisholm after Darrell Brooks was released from a Milwaukee jail on a $1,000 bond while he was charged with bail jumping and disorderly conduct. Brooks also faces charges of felony intimidation of a victim, felony intimidation of a witness and bail jumping stemming from an incident on Nov. 5.

Brooks was subsequently charged with six counts of first-degree intentional homicide after he was accused of running over and killing six people and injuring up to 60 at the Waukesha Christmas parade. Bail was set at $5 million, and he remains in custody in Waukesha County Jail.

Chisholm told Milwaukee County supervisors that Brooks' low bail was a mistake on the part of a young assistant district attorney, who was not named.

The Milwaukee National Lawyers Guild extended heartfelt sympathy to those killed and hurt in the parade, but said changes to the bail system won't prevent future crime. Instead, the group argued that mental health services, education opportunities and other measures will ensure a safer society.

"It is easy for politicians to point to policies around cash bail as quick solutions, but these suggestions are dishonest over-simplifications that make it seem like they are doing something about crime when really, they are just putting on a show without actually investing in measures that make our communities safer," the group said in a statement.

The group added that cash bail creates a system that burdens Black, brown and poor people more than others.

A conservative group called Empower Wisconsin sent a petition to Gov. Tony Evers to fire Chisholm for Brooks' low bail, which Evers said he received.


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