Wisconsin Debates Changes to Cash Bond System

 


Darrell E. Brooks had been out of jail for just five days when he allegedly plowed a red Ford Escape into a Christmas parade in Waukesha, Wisconsin in November, killing six people and injuring dozens more.

A series of mix-ups led Brooks, 39, to be released from jail on Nov. 16 on an unusually low cash bail after a case in which he allegedly used the same SUV to run over a woman after battering her.

As a prosecutor prepared to recommend bail, she lacked access to the results of Brooks’ risk assessment — a tool to help determine his likelihood of reoffending or failing to appear for his next court date. That information was not uploaded into a case management system, according to Milwaukee County District Attorney John Chisholm, whose office has faced a torrent of criticism for its handling of the domestic violence case.  

The assessment identified Brooks as high risk and listed previous felony convictions and charges in cases involving violence, alongside a "serious persistent illness in which he is not receiving treatment for."

But facing an overwhelming case load, the prosecutor recommended that Milwaukee County Court Commissioner Cedric Cornwall set Brooks’ bail at $1,000 — an unusually low amount under such circumstances. The bond was posted on Nov. 11. The Milwaukee County Jail released Brooks on Nov. 16 to the Waukesha County Sheriff's Department, where he was released after a hearing that day in a paternity case.

Less than a week later, Brooks allegedly sped past barricades and into the parade gathering of thousands — transforming a joyous celebration into a mass casualty scene.

The shocking incident left Waukesha residents reeling and revived a debate about bail reform: How do you balance the rights of the accused while protecting the public? A legislative study committee in 2019 introduced a litany of bills to change the system that did not advance in the Legislature. 

Somewhat lost in the latest discussion: Under Wisconsin’s Constitution, cash bail is not designed to protect the public — only to ensure the accused’s appearance at the next court date.

Nevertheless, Republican lawmakers are calling for Chisholm’s ouster and pushing legislation to more frequently jail the accused before trial. Democratic Gov. Tony Evers says he’s open to stricter bail policies, but his office says it currently lacks authority to remove Chisholm, citing a legal opinion.

"Wisconsin lives are in danger because of the low bail that soft-on-crime judges and DAs are currently setting," state Sen. Julian Bradley, R-Franklin, said in a statement this month. "This revolving door for criminals must end."

For Bradley, that would include requiring a bond of at least $10,000 for defendants who have been previously convicted of a felony or violent misdemeanor, among a suite of bills he and other Republicans have proposed to tighten cash bail laws.

Such proposals look past fundamental shortcomings in Wisconsin’s cash bail system, critics say. Higher bail may have kept Brooks locked up during the parade, but it would not have prevented a wealthier defendant with a similar track record from leaving jail. A long-standing critique of systems nationwide is that they disproportionately incarcerate low-income defendants and people of color awaiting trial, including for nonviolent offenses.

To see the rest of the lengthy article CLICK HERE.

Note- Wisconsin does not utilize private surety bail.  Instead, the state uses a system of cash bonds.  Cash bonds and cash bail are not the same thing.  Under Wisonsin's system, a defendant must post cash with the court.  This practice forces courts to set lower bonds because the defendants are posting the amount of the bonds in cash.  Further, cash does not provide supervision to defendants.  A private surety bondsman requires a defendant to check-in weekly, bi-weekly or on some schedule either in person, by phone or through an app.  If the surety sees that the defendant is violating the rules or starting to use drugs again, etc. the surety can request a warrant from the court to allow the court to review the bond situation.  Cash cannot do that.  Sounds like Wisconsin's real debate should be about whether to bring back surety bonds to allow the defendants to be supervised by the private industry.  


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