>> THE TWO QUESTIONS ON THE APRIL BALLOT WILL LOOK LIKE THIS. THE FIRST ADDRESSING WHEN A JUDGE CAN RELEASE OFFENDERS PRIOR TO CONVICTION OR INSTEAD KEEP THEM IN JAIL. A YES VOTE DIRECTS LAWMAKERS TO EXPAND AND DEFINE THE BENCHMARK FROM SERIOUS BODILY HARM TO JUST SERIOUS HARM. >> RIGHT NOW IT SAYS SERIOUS BODILY HARM WHICH MEANS MURDER OR THREAT OF MURDER. THIS WOULD BE SERIOUS HARM WHICH WE ARE GOING TO EXTEND TO CHILD MOLESTATION, HUMAN TRAFFICKING AND RAPE, WHICH I THINK WE CAN ALL AGREE IS SERIOUS HARM TO AN INDIVIDUAL. >> THE SECOND QUESTION ON CASH BAIL. A YES VOTE WILL ALLOW JUDGES TO CONSIDER MORE FACTORS WHEN SETTING BAIL, INCLUDING PREVIOUS CONVICTIONS, RISK TO THE PUBLIC AND CRIMINAL HISTORY. REPRESENTATIVE CINDI DUCHOW FROM DELAFIELD HAS HELPED LEAD THE EFFORT TO GET THE QUESTIONS THE BALLOT. HAVE YOU HEARD FROM JUDGES WHO SAY LISTEN, I REALLY NEED THIS TOOL? >> I’VE HEARD FROM JUDGES WHO TELL ME THEY’RE ALREADY DOING IT. IT’S DISTURBING BECAUSE IF THEY ARE THEY’RE NOT FOLLOWING THEIR OATH, WHICH IS TO FOLLOW THE CONSTITUTION, BUT I’VE HEARD FROM OTHERS WHO SAY THANK YOU, WE NEED THIS. >> CRITICS, INCLUDING SOME DEMOCRATS, STILL QUESTION THE INTENT. >> DOES NOT ADDRESS THE ROOT ISSUES OUR JUSTICE SYSTEM FACES. >> TODAY THE WISCONSIN ASSOCIATION OF CRIMINAL DEFENSE LAWYERS WRITING FOCUSING ON CASH BAIL DOES NOT ADD NEW PROTECTIONS FOR WISCONSINITES, BUT IT WILL INCREASE THE LIKELIHOOD THAT LOWER AND MIDDLE-INCOME PEOPLE ACCUSED OF CRIME WILL REMAIN IN CUSTODY. THE QUESTIONS WILL APPEAR ON THE APRIL BALLOT, AFTER THE FEBRUARY PRIMARY, ALONGSIDE THE RACE FOR WISCONSIN SUPREME
Get the facts: The cash bail constitutional amendment question voters will see on the April ballot
Lawmakers sent the question to voters after passing to legislative sessions
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Updated: 2:13 PM CST Jan 31, 2023
Wisconsin voters will see two questions on the April ballot surrounding Wisconsin's bail system after lawmakers approved the proposed constitutional amendment during two consecutive sessions of the legislature. QUESTION 1: “Conditions of release before conviction. Shall section 8 (2) of article I of the constitution be amended to allow a court to impose on an accused person being released before conviction conditions that are designed to protect the community from serious harm?” "Right now, it says serious bodily harm, which means murder or threat of murder," said State Rep. Cindi Duchow (R-Town of Delafield), who has helped lead the effort to get the questions on the ballot. "This would be serious harm, which we are going to extend to child molestation, human trafficking and rape, which I think we can all agree is serious harm to an individual." QUESTION 2: “Cash bail before conviction. Shall section 8 (2) of article I of the constitution be amended to allow a court to impose cash bail on a person accused of a violent crime based on the totality of the circumstances, including the accused's previous convictions for a violent crime, the probability that the accused will fail to appear, the need to protect the community from serious harm and prevent witness intimidation, and potential affirmative defenses?" "I've heard from judges who tell me they're already doing it," Duchow said. "It's disturbing because if they are, they're not following their oath, which is to follow the constitution. But I've heard from others who say thank you, we need this." The second question would allow judges to consider other factors when setting bail.Critics, including some Democrats and the Wisconsin Association of Criminal Defense Lawyers, which released a letter Tuesday, have said focusing on higher bail will benefit more wealthy Wisconsinites. Supporters argue it will give judges more flexibility in setting bail like in a majority of other states. TOP STORIESHigh school basketball announcer tells heckling fans to 'shut up'Son accused of shooting, killing father behind the wheel'Happy Days' stars, Milwaukee mourn Cindy Williams
MADISON, Wis. — Wisconsin voters will see two questions on the April ballot surrounding Wisconsin's bail system after lawmakers approved the proposed constitutional amendment during two consecutive sessions of the legislature.
QUESTION 1: “Conditions of release before conviction. Shall section 8 (2) of article I of the constitution be amended to allow a court to impose on an accused person being released before conviction conditions that are designed to protect the community from serious harm?”
"Right now, it says serious bodily harm, which means murder or threat of murder," said State Rep. Cindi Duchow (R-Town of Delafield), who has helped lead the effort to get the questions on the ballot. "This would be serious harm, which we are going to extend to child molestation, human trafficking and rape, which I think we can all agree is serious harm to an individual."
QUESTION 2: “Cash bail before conviction. Shall section 8 (2) of article I of the constitution be amended to allow a court to impose cash bail on a person accused of a violent crime based on the totality of the circumstances, including the accused's previous convictions for a violent crime, the probability that the accused will fail to appear, the need to protect the community from serious harm and prevent witness intimidation, and potential affirmative defenses?"
"I've heard from judges who tell me they're already doing it," Duchow said. "It's disturbing because if they are, they're not following their oath, which is to follow the constitution. But I've heard from others who say thank you, we need this."
The second question would allow judges to consider other factors when setting bail.
Critics, including some Democrats and the Wisconsin Association of Criminal Defense Lawyers, which released a letter Tuesday, have said focusing on higher bail will benefit more wealthy Wisconsinites. Supporters argue it will give judges more flexibility in setting bail like in a majority of other states.
TOP STORIES
High school basketball announcer tells heckling fans to 'shut up'
Son accused of shooting, killing father behind the wheel
'Happy Days' stars, Milwaukee mourn Cindy Williams
