FOR YOUR COVERAGE THROUGH THESE
ELECTION SEASONS.
>> THANKS, FRED.
>> AT THE BOTTOM OF TUESDAY'S
BALLOT WERE TWO QUESTIONS POSED
TO VOTERS TO AMEND THE STATE
CONSTITUTION.
THE FIRST QUESTION ON EXPANDING
CONDITIONS OF RELEASE PASSED
WITH MORE THAN 66% VOTING YES.
THE SECOND QUESTION ON EXPANDING
WHEN CASH BAIL CAN BE IMPOSED
ALSO PASSED WITH MORE THAN 67%
VOTING YES.
FOR SOME IN THE COURT SYSTEM,
THIS WAS GOOD NEWS.
FOR OTHERS WHO OPPOSED THE
MEASURES, THEY'RE WARNING OF THE
CONSEQUENCES.
>> IT GOES BACK TO 2017, WHERE
THIS WAS FIRST FLOATED TO AMEND
THE WISCONSIN CONSTITUTION,
REALLY GAINED MORE TRACTION
AFTER THE WAUKESHA PARADE
MASSACRE WITH DARRELL BROOKS.
>> THE TWO SIDES OF THE
COURTROOM HAVE COME DOWN ON
OPPOSING SIDES OF THE QUESTIONS
THAT CAME BEFORE WISCONSIN
VOTERS.
>> OUR WISCONSIN DISTRICT
ATTORNEY'S ASSOCIATION HAS
SUPPORTED THIS CONSTITUTIONAL
AMENDMENT AND WE ARE VERY
EXCITED THAT THE VOTERS OF
WISCONSIN JOINED US IN
OVERWHELMINGLY VOTING TO GIVE
MORE FACTORS FOR OUR JUDGES TO
LOOK AT WHEN SETTING CASH BAIL
AS WELL AS SOME OF THE
NON-MONETARY BAIL CONDITIONS, SO
IT SHOULD HAVE A NETEFFECT OF
MAKING WISCONSIN SAFER, BUT ALSO
ENSURING THAT OUR JUDGES ARE ALL
SETTING BAIL WITH THE SAME
RULES.
>> WE DID SEEK AGAINST THE
AMENDMENTS WHEN THEY WERE MAKING
THEIR WAY THROUGH THE
LEGISLATIVE PROCESS, REALLY OUR
PRIMARY CONCERN WITH THEM IS THE
EXPANDED ROLE THAT MONEY WOULD
PLAY IN THE BAIL SYSTEM.
UNDER THE AMENDMENT, BECAUSE
FUNDAMENTALLY, CASH IS NOT A
GUARANTEE OF PUBLIC SAFETY AND
THESE ARE GOING TO HAVE
SIGNIFICANT IMPACT ON THE NUMBER
OF INDIVIDUALS WHO ARE IN
CUSTODY WHILE STILL PRESUMED
INNOCENT.
>> OVERALL, THE AMENDMENTS
PASSED WILL EXPAND THE CRITERIA
JUDGES CAN CONSIDER WHEN SETTING
PRETRIAL RELEASE CONDITIONS.
>> WHEN YOU LOOK AT WHAT CASH
BAIL WAS FOR PRIOR TO THIS
AMENDMENT, THE ONLY REASON IN
THE WISCONSIN CONSTITUTION THAT
ALLOWED FOR CASH BAIL WAS TO
ASSURE A DEFENDANT'S APPEARANCE
IN COURT AND NOW IT SAYS THAT WE
LOOK AT THE DROWSINESS OF THE
DEFENDANT, WE LOOK AT THE PRIOR
CRIMINAL RECORD OF THE ACCUSED,
WE LOOK AT THE DEFENDANT
APPEARING IN COURT.
WE ALSO LOOK AT PROTECTING
WITNESSES FROM SERIOUS HARM.
SO THERE ARE A NUMBER OF
ADDITIONAL FACTORS THAT A JUDGE
IS NOW ABLE TO LOOK AT TO
DETERMINE IF CASH BAIL IS
APPROPRIATE.
>> BY EXPANDING THE NUMBER OF
CONSIDERATIONS, YOU TAKE AWAY
THE ABILITY TO ARGUE THAT THIS
PERSON WILL SHOW UP IN COURT IN
THE FUTURE AND THAT LIMITS THE
ABILITY TO ARGUE AGAINST CASH
BAIL.
>> THE USE OF CASH FOR S.P.D.
CLIENTS WHO ARE BY DEFINITION
POOR, EVEN LOW CASH BAIL AMOUNTS
OF $250, $500, COULD BE ENOUGH
TO KEEP THEM IN JAIL, AND SO
WHEN WE INCREASE THE ROLE OF
CASH AND NUMBER OF SITUATIONS IN
CASES WHERE IT'S USED, WE'RE
GOING TO SEE AN INCREASE IN THE
NUMBER OF PEOPLE WHO CAN'T
AFFORD TO PAY THAT CASH BAIL AND
WHO ARE HELD IN CUSTODY.
>> I'VE HAD JUDGES THAT WILL ASK
SOMEBODY, HOW MUCH MONEY DO YOU
HAVE IN YOUR POCKET RIGHT NOW?
$10.
OKAY.
THAT'S WHAT WE'RE GOING TO ORDER
FOR CASH.
THERE ARE TIMES WHERE WE'LL MAKE
A REQUEST FOR 25, 50, MAYBE A
HUNDRED DOLLARS, WHERE IT'S
SOMETHING THAT WE BELIEVE A
DEFENDANT MIGHT BE ABLE TO POST,
BUT WE ALSO UNDERSTAND THAT
COULD BE A SIGNIFICANT AMOUNT OF
MONEY FOR THAT PARTICULAR
DEFENDANT, DEPENDING ON THEIR
CIRCUMSTANCES, BUT IT DOESN'T
REQUIRE A JUDGE TO ORDER CASH
BAIL AND THERE ARE ALREADY
PROTECTIONS IN OUR LEGAL SYSTEM
FOR DEFENDANTS WHO HAVE CASH
BAIL ORDERED.
IT'S ALSO THOSE NON-MONETARY
CONDITIONS THAT THE -- ONE OF
THE AMENDMENTS ADDRESSED TO LOOK
AT SERIOUS HARM, NOT JUST WHAT
WAS PREVIOUSLY SERIOUS BODILY
HARM.
SO THERE ARE OTHER FACTORS THAT
JUDGES NOW GET TO LOOK AT
WHEN -- IF THEY'RE NOT GOING TO
ORDER CASH, NOW THE JUDGES HAVE
AN EXPANDED ABILITY TO LOOK AT
THE HARM THAT MIGHT BE ECONOMIC,
EMOTIONAL, OTHER TYPE OF
POTENTIAL HARM THAT COULD BE
CAUSED.
>> THE LIST IS BEYOND WHAT I
THINK MOST PEOPLE WOULD CONSIDER
TO BE VIOLENT.
IT INCLUDES CRIMES SUCH AS
DISORDERLY CONDUCT, IF YOU HAVE
A KNIFE OR OTHER LOW LEVEL
OFFENSES THAT RIGHT NOW ARE NOT
EVEN OFTEN CHARGED.
>> THE MOST IMPORTANT THING TO
UNDERSTAND IS KEEPING AN EYE ON
THE IMPACT ON PUBLIC SAFETY.
AS I SAID, THE RESEARCH AND
EVIDENCE SUGGESTS THAT WE WON'T
SEE A DECREASE IN CRIME RATES AS
A RESULT OF THIS.
IN FACT, THERE MAY BE A SLIGHT
UPTICK.
THAT'S ALSO WHY THE RESEARCH
SHOWS THAT A BETTER MODEL IS ONE
THAT IS BASED ON RISK ASSESSMENT
AND NOT THE RULE OF CASH BAIL.
THERE'S GOING TO BE A
REALIZATION IN THE VERY NEAR
FUTURE THAT THIS HAS SIGNIFICANT
IMPACT ON COST TO COUNTIES IN
TERMS OF INCREASED JAIL
POPULATION.
>> PROBABLY IT MAY BE HARD TO
SEE EXACTLY HOW THIS PLAYS OUT
IN DIFFERENT COUNTIES AND YOU
MIGHT BE ABLE TO LOOK AT JAIL
POPULATION TO SEE IF A COUNTY IS
EXPERIENCING A HIGHER NUMBER OF
DEFENDANTS PRETRIAL IN JAIL,
THAT A NUMBER THAT CERTAINLY CAN
BE LOOKED AT, BUT YOU CAN'T LOOK
AT THAT IN ISOLATION BECAUSE
SOMETIMES THERE CAN BE AN UPTICK
IN CRIME THAT COULD BE
RESPONSIBLE FOR THAT OR IT COULD
BE THAT CASES ARE TAKING LONGER
TO RESOLVE BECAUSE OF OTHER
ISSUES.
>> NOW WE HAVE TO WAIT AND SEE
HOW THIS HAS PRACTICAL IMPACT
DAY TO DAY, COUNTY-BY-COUNTY,
JUDGE-BY-JUDGE, AND TRY AND
FIGURE OUT WHAT SOME OF THOSE
PRACTICAL IMPACTS ARE.
AND THEN THAT OTHER QUESTION TO
ASK IS, YOU KNOW, WHEN THE
COUNTY BOARDS ARE CONSIDERING
THE BOND EACH SUMMER AND FALL
WHEN THOSE COSTS GO UP AND THE
TAXPAYERS ARE ASKED TO SHOULDER
THAT BURDEN, IS THIS HOW YOU