By Alexandria Staubach
Last week a bipartisan group of more than 30 lawmakers introduced a bill to end sentences of life without the possibility of parole for juveniles. The bill, Senate Bill 801, also creates new mitigating factors for a sentencing court to consider, recognizing that juveniles change and mature mentally and emotionally over time. The bill would apply retroactively to anyone currently serving a juvenile life-without-parole (JLWOP) sentence. If enacted, SB 801 would bring Wisconsin in line with 28 states already banning JLWOP sentences, including three of Wisconsin’s closest neighbors: Minnesota, Iowa, and Illinois. The bill has been referred to the Senate Committee on Judiciary and Public Safety. Ruling in Graham v. Florida, the U.S. Supreme Court held it unconstitutional for a court to impose JLWOP on non-homicide juvenile offenders; the court found that such a sentence violates the Eighth Amendment’s prohibition on cruel and unusual punishment. In Miller v. Alabama, the U.S. Supreme Court banned mandatory life sentences for juveniles no matter the severity of the crime. SB 801 states that its purpose is to clarify that “the statutory mandatory sentence of life imprisonment without the possibility of parole or extended supervision for repeat offenders does not apply to youthful offenders,” consistent with Miller. JLWOP sentences are unique to the United States; we are the only country in the world with such a practice. According to the Campaign for the Fair Sentencing of Youth, the practice is permitted in 22 states, including Wisconsin and Michigan. In five states the practice remains on the books without active sentences. Michigan has the highest JLWOP population in the nation and recently made national headlines for sentencing 17-year-old Ethan Crumbly, who committed Michigan’s deadliest school shooting at age 15, to life without the possibility of parole. However, Wisconsin outpaces Michigan regarding overall number of youth incarcerated on life sentences with or without parole (141 compared to 65) and sentences over 40 years (73 compared to 15) as well as the total number of children in adult prisons (1,709 compared to 554), according to a 2021 report produced by the nonprofit Human Rights for Kids. The following table shows the bill's sponsors.
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Note: Wisconsin is one of just three states (Georgia and Texas are the others) in which 17-year-olds are automatically treated as adults for purposes of criminal charges. The other 47 states process charges against 17-year-olds within the juvenile justice system. Wisconsin Justice Initiative has joined the Raise the Age Coalition, advocating for legislation to return Wisconsin's 17-year-olds to juvenile court. By Roy Rogers Guest Columnist Outside of the brain development research that counsels against treating 17-year-olds as adults, placing them in an adult setting is unhealthy and borders on benign cruelty. For these 17-year-olds, and those even younger, treating them like adults and keeping them in the adult system, together with more sophisticated adult criminals in the facilities, could, can, and has led to increased criminality in the institutional settings. At times they are forced to partake in activities that are harmful for them, due to the strong pressure from mob mentality and older incarcerated people. You increase the likelihood of assaults and trauma and aggravate mental health issues, which a lot of young people are dealing with when they enter into the correctional system. People sometimes have the misconception that the young person will have access to more treatment resources in the adult facilities, but that is not the case. More than likely, 17-year-olds going into the adult system have lengthy sentences. With long incarceration times, the likelihood of getting them involved in any treatment programs is thin. The institution will consider them too early in their sentence structure for programming treatment. In modern correctional wisdom, programming and treatment are provided to those who are about to return to the community within the next year or two, five years at the most. Accountability and treatment in a setting conducive to healing and restoration are what 17-year-olds need — not to be placed in a problem-plagued adult system that is not getting better anytime soon. I knew a few 17-year-olds who were treated as adults after having been waived into adult court. There were some commonalities in their incarcerated experience:
These scenarios become even more glaring if a youth is a part of the LGBTQ community. In the hypersexual prison settings, trauma for these youth will come from both ends — staff and fellow incarcerated people, some out of ignorance and some out of intention. Why put any 17-year-old through that? We know adolescents make bad decisions; that’s no secret. And yes, sometimes those bad decisions have great consequences in our community and accountability is a must. However, accountability is also about having the opportunity to make amends. Placing a 17-year-old in the adult system actually closes the door on the meaningful opportunity to make amends. The adult system is not set up for that in any shape or form. If the youth is kept within the juvenile system, programming and a wide variety of treatment options are available. A package of community service, community counseling, community accountability, and community engagement can all be put in place for the eventual restoration of these youth back into the community. I, too, was once a 17-year-old in the adult system. So I bear witness and have first-hand knowledge of everything I speak of. In the field of macroeconomics, we talk a lot about marginal analysis in which we compare marginal benefits against marginal costs in our economic decisions. So from my economic perspective, when the marginal costs outweigh the marginal benefits, it is a bad decision. The marginal costs of placing 17-year-olds in the adult system outweigh whatever marginal benefits policymakers think will occur. Such a decision can cost children their lives. It can cost them through the inability to recover from the traumas of being a child in an adult prison. Plus, the potential for them to be trapped in the cycle of incarceration increases dramatically. The humanitarian cost outweighs any economic benefit one may gain by treating these 17-year-olds like adults. Treating these juveniles as adults is a bad decision. Roy Rogers is a Wisconsin Justice Initiative board member. He is a data solutions processor at Quad Data Solutions and a preentry and reentry liaison and information analyst for the nonprofit organization The Community. He also is a public speaker and advocate with the Wisconsin Alliance for Youth Justice. Rogers committed himself to juvenile justice issues while serving 28 years as a juvenile lifer in the Wisconsin prison system. Now, after release, he counsels and mentors at-risk youth. He is committed to the philosophy of restorative justice, criminal justice reform, and second-chance opportunities for juveniles waived into adult court and sentenced as adults. By Margo Kirchner Advocates converged on the Capitol in Madison on Thursday to lobby for an end to life-without-parole sentences for juveniles and a parole opportunity for all juvenile offenders currently sentenced to life or extreme terms of years. Organized by the Wisconsin Alliance for Youth Justice (WAYJ), the lobby day consisted of a panel discussion in the morning and meetings with legislators and legislative staff members during the afternoon. Contemplated legislation would allow someone sentenced to life or a life-equivalent term of years at age 17 or younger to petition for parole after 15 to 20 years, depending on the crime of conviction. The proposed legislation would not release anyone automatically. It would create an opportunity for parole consideration. The petition would go back to the sentencing court for consideration rather than to the parole commission. Supporters discussed the need to provide hope for incarcerated juvenile lifers and motivation for them to make necessary changes in their lives and behavior during custody. Preston Shipp, senior policy counsel at the Campaign for the Fair Sentencing of Youth (CFSY), moderated the panel addressing why Wisconsin should end life-without-parole sentences for juveniles. Shipp noted that 28 states plus the District of Columbia have abolished life-without-parole sentences for youth. Illinois, Minnesota, and New Mexico passed their bans just this year; Texas did so 10 years ago. Shipp noted that the recidivism rate for juvenile lifers released on parole is just 1%. Wisconsin Justice Initiative board member Roy Rogers was one of five panelists. Rogers was sentenced to life and entered adult prison at age 16. Based on eligibility set by his sentencing judge, Rogers became eligible for parole after 26 years. He was granted parole in 2021, after about 28 years in custody. Rogers discussed how his life turned around soon after he entered prison when he joined the “Reach Out” program at Columbia Correctional Institution. He says that the Reach Out redemption group and Jesus Christ saved him. Through the group he began advising other youth on how to avoid the mistakes he made and how to avoid prison. Today, Rogers is a data solutions processor for a marketing experience company as well as a pre-entry and re-entry liaison for The Community, a nonprofit helping to prepare and assist those released from prison in adjusting to life outside. He is also a church musician. He continues to counsel and mentor at-risk youth. Craig Sussek, another panelist, discussed his entry into the Wisconsin prison system as a teenager and his view of himself then as a worthless person with nothing to lose. That outlook led to prison behavior issues. Sussek’s turnaround began when the woman he shot visited the prison to meet him. She told him that he had been a kid who made a bad decision and that she forgave him. She said she believed his life had value that he was worthy. Sussek was released on parole a few years ago. He obtained a job quickly after his release and recently married. He noted how he is on his “third life”: life before prison, life in prison, and life now. Panelist Mary Rezin, whose mother and brother were murdered by two teens in 1999, discussed her advocacy on behalf of the younger teen, who was 16 at the time of the crime. Rezin initially viewed him as a “monster,” but after 16 years of mourning, anger, and depression she contacted a restorative justice program at the University of Wisconsin Law School to see if she could meet with him. The program prepared the two separately for about a year and then facilitated a meeting. Rezin found that he was a changed person, far from the person she remembered or imagined. He had been on drugs and alcohol at the time of the crime and was misled by an 18-year-old as to where they were going and what would happen there. Rezin now advocates for his release. She said she now views him as someone who made bad mistakes as a teenager, as many people do. She believes he has been rehabilitated and that 24 years is enough punishment. Ellie Reid, whose father was murdered by her then-16-year-old brother, discussed the complicated existence of being a victim of a heinous crime as well as a family member of the juvenile lifer who committed it. She discussed how the question needs to be “who has this person become?” Her brother, still in prison, became a welder and trains therapy dogs. Donnell Drinks, leadership development and engagement coordinator for CFSY, rounded out the panel. Drinks, from Pennsylvania, was sentenced to death, which was later reduced to life. He was 17 at the time and spent 27 years in prison before his release, following rehabilitation in prison. He discussed how juveniles in prison can mature into people who can help society, who come out with a purpose and who can help children today avoid bad decisions. Shipp opined that imposing life-without-parole sentences on children places all the blame on the children while taking blame off of society for failing those children. When Shipp asked Rogers and Sussek what they need from the community today, they noted the need for mental health understanding and emotional support. Rogers pointed to his desire for people to ask more than surface questions about his wellbeing. He is trying to do that for those who are getting out of prison. Sussek noted how he and others who have been released from prison “go through things we don’t tell you about.” Following the talk and a lunch break, organizers walked panelists and about 40 attendees through messaging, handouts, and tips for their lobbying efforts. Messaging and handouts included information regarding the end of life-without-parole sentences in other states and the nationwide movement toward treating convicted children differently than adults. Organizers also announced that over the lunch hour Sen. Jesse James (R-Altoona) and Rep. Todd Novak (R-Dodgeville) agreed to sponsor the proposed legislation. Panelists and attendees then spent two hours meeting with legislators and legislative staff in offices at the Capitol. Some system-impacted attendees, visiting the Capitol for the first time, marveled at the building and expressed how they never imagined they would be there. Executive director Margo Kirchner joined Rogers for the WAYJ lobby day on behalf of WJI. In a series of cases, the U.S. Supreme Court has accepted science regarding adolescent brain development and the differences between children and adults regarding impulse control and culpability. The court has pared down the use of life without parole for juveniles and discussed constitutional protections that limit sentencing a child a child to die in custody. For those under age 18, the supreme court has banned the death penalty, life-without-parole sentences for non-homicide crimes, and mandatory life-without-parole sentences. Photographs by Margo Kirchner and Roy Rogers
By Gretchen Schuldt
A rare mix of Democrats, Republicans, law enforcement, and the state Public Defenders Office came together this month to support a bill that would prohibit minors from being charged with prostitution. Thirty-one people in favor of the bill appeared at a public hearing and another 10 registered in support. No one appeared or registered in opposition. The measure, Assembly Bill 48/Senate Bill 55, would bring the state in line with federal law, which recognizes children engaged in commercial sex acts as victims, not criminals, State Sen. LaTonya Johnson (D-Milwaukee) said. It also would align with laws in Illinois, Minnesota, and Michigan, she said. "My hope is that it will make it easier for law enforcement and child welfare authorities to convince these children that they have done nothing wrong and are in no way responsible for the horrific acts they were forced into by their traffickers," she said. "Sexually exploited children exist in my district and in your district," State Rep. Jill Billings (D-La Crosse) told the Assembly Committee on Criminal Justice and Public Safety. "The trafficking of children is happening in urban areas, rural areas, and has been reported in all 72 Wisconsin counties." State Sen. Jesse James (R-Altoona) said the average age a girl enters the sex trade is 12 to 14 years old. For boys, he said, it is 11 to 13 years old. "At times, there is a disconnect between the language we use and how we treat victims in the legal system," the state Public Defender's Office said in testimony. "A person under 18 years of age in the State of Wisconsin is presumed to be unable to give consent to engage in a sex act. In most circumstances a person under the age of 18 may not legally enter into a contract. Both are required under the legal definition of prostitution. More importantly, children engaging in sex acts for money are forced or coerced by the traffickers to engage in these acts. Treating children as delinquents/criminals only furthers the process of victimization." "This bill would prevent the prosecution or adjudication of individuals under the age of 18 for acts of prostitution, recognizing that they are often coerced, manipulated, or forced into these situations," said Donelle Hauser, president and CEO of Lad Lake. The organization said it has been working with underage victims of trafficking for more than 10 years. "By reframing the approach to address the underlying victimization rather than perpetuating a cycle of punishment, we can help these young individuals escape the exploitative environment and provide them with the necessary tools and support to rebuild their lives." "Child victims of sex trafficking are indeed victims — these are minors who cannot consent to sex and have been exploited and deserve to be protected," said Nila Grahl, Manager of Children's Wisconsin's Racine & Kenosha Child Advocacy Centers in written testimony. "Youth victims of sex trafficking need supportive health care, services and support — not fear of being charged with a crime. Unfortunately, sometimes the juvenile justice system is the only place youth are engaging with formal systems." "Treating sex-trafficked children as delinquents or criminals is self-defeating and harmful," the Wisconsin Coalition Against Sexual Assault said in testimony. "The current approach increases distrust of law enforcement and child protective services, which hinders efforts to prosecute those responsible for child sex trafficking. Most importantly, the isolation of detention and the stigma of being treated as a delinquent serve only to exacerbate individuals’ feelings of guilt and shame, ultimately re-traumatizing child victims." The bill is pending in committees in the Assembly and Senate. By Alexandria Staubach
In theory, Wisconsin law currently permits expungement of certain felony and misdemeanor convictions. In practice, expungement is rare and difficult to obtain. Senate Bill 38/Assembly Bill 37 could change that. Iterations of the bill were introduced, but failed, in past legislative sessions. However, SB 38/AB 37 has broad, bipartisan support. (WJI discussed details of the bill in a previous post here.) “We are hopeful we can reach an agreement soon, pass the bill through the Senate, onto the Assembly and Governor's desk,” said Rep. Evan Goyke (D-Milwaukee), an advocate for expungement and a co-sponsor of the bill. “What we’ve been able to do with expungement is cultivate and continue to work with a broad and bipartisan coalition that doesn’t traditionally work together. My hope is that this can be an example of what can move criminal justice reform forward in Wisconsin.” A criminal conviction has implications far beyond the conviction itself. Collateral consequences include licensing exclusions that prohibit whole categories of employment, limits on voting, inability to access educational loans, and limits on public benefits. Expungement of a criminal record results in a conviction being sealed from public records. Bill sponsor Sen. Rachael Cabral-Guevara (R-Appleton) stated in testimony to the Senate Judiciary and Public Safety Committee that expungement allows “people who have served their time . . . to fully contribute to their communities, without the discrimination of having an, albeit minor, case open to public record.” Current law is highly restrictive, and the practical effect is that very few people qualify, says Natalie Lewandowski, clinical director of the Milwaukee Justice Center’s Expungement/Pardon Mobile Legal Clinic. The current law permits expungement for an offense with a maximum penalty of six years, as long as the offense is not a violent felony, the person was under 25 years old and had no prior felony record, and the person requested expungement at the time of sentencing. A later court may then grant a request for expungement after the person has successfully completed their sentence. In 2020, the Court of Appeals held that even minor, technical violations of community supervision rules will bar expungement. In its Spring 2023 session, the Expungement/Pardon Mobile Legal Clinic assessed 60 convictions for expungement. Of those convictions, only four were found eligible for expungement, and zero were successfully expunged. Two of the four requests were denied due to probation revocations, one person ultimately failed to meet the age requirement, and one person owed a balance on court costs and fines. To date in its Summer session, the clinic has assessed 16 convictions and found only three qualified for expungement. Only one of the three was found eligible at a hearing, but expungement was nevertheless denied because of an earlier probation revocation. The pending bill eliminates the under-25 age requirement — the most exciting and expansive component, says Lewandowski. She is optimistic that SB 38/AB 37 will significantly expand access and result in more successful outcomes for clients. The clinic estimates that roughly 87% of individuals who previously obtained pardons through the clinic would now be eligible for expungement if the legislation is adopted. The bill also eliminates the requirement that the person must have asked for expungement at the time of sentencing. A sentencing court would retain its ability to grant or deny expungement, but the person could petition for expungement after successfully completing their sentence even if the matter was not addressed. Under the bill, if a petition for expungement is denied, the person could file again after two years and payment of $100. Only one expungement per person would be permitted, and a person could petition just twice per crime. The new SB 38/AB 37 specifies additional offenses that are ineligible for expungement, including traffic crimes, criminal trespass, criminal damage to a business, and violation of restraining orders in domestic abuse cases. The bill would apply the changes retroactively to convictions that occurred before adoption. A 2020 Cato Institute study of data from Michigan found that petition-based expungement policies resulted in only 6.5% of eligible individuals receiving expungements in the first five years of eligibility, people who receive expungements tended to have very low rates of recidivism, and expungement recipients exhibited better employment outcomes quickly. WJI Executive Director Margo Kirchner chats with Meagan Winn, director of Milwaukee County's Eviction Diversion Initiative. The Eviction Diversion Initiative is a new program providing tenants and landlords with information and resources to resolve housing issues both inside and outside of court. Avoiding eviction litigation can be important for tenants, as an eviction judgment from (or even the filing of) an eviction lawsuit can make it difficult for tenants to find future housing. The initiative connects tenants and landlords with resources such as rental assistance, housing counseling, legal assistance, and mediation. Funded by a grant from the National Center for State Courts, the program includes data collection and development of user-friendly court rules and procedures. Milwaukee County was one of the first cohort of states and municipalities selected by the National Center for State Courts for funding to pilot eviction-diversion strategies. The U.S. Department of Justice recently expressed concern about the unjust imposition of fines and fees by state and local courts in violation of the civil rights of those accused of crime, quasi-criminal ordinance violations, and civil infractions.
The DOJ stated that the imposition and enforcement of fines and fees on those who cannot afford them may cause escalating debt that “far too often traps individuals and their families in a cycle of poverty and punishment that can be nearly impossible to escape.” The agency pointed to other “profound harm” that fines and fees may cause to those who cannot afford them: incarceration for nonpayment; extension of probation and parole; and loss of a driver’s license, employment, right to vote, or even a home. These negative effects often apply disproportionately to people of color and low-income communities, said the agency. The agency also reminded judges and stakeholders to provide meaningful court access for those with limited English proficiency. The DOJ discussed its concerns about fines and fees in a “Dear Colleague” letter issued April 20 to state and local judges and other justice-system stakeholders. The DOJ reminded judges of several constitutional principles relating to fines and fees, including:
The agency recommended assessment of each individual before imposition of monetary penalties, as “fines and fees will affect individuals differently depending on their resources.” Imposing fines and fees on youth is especially concerning and may be excessive and unreasonable, the DOJ said. Many minors “are too young to legally work, are of compulsory school age or full-time students, have great difficulty obtaining employment due to having a juvenile or criminal record, or simply do not yet have employable skills typically expected of adults.” Judges should presume that youth are unable to pay fines and fees, the DOJ said. The DOJ urged judges and other justice-system stakeholders not to use fines and fees as a means to raise government revenue, divorced from the purpose of punishment. The DOJ pointed to Supreme Court case law indicating that courts “have an affirmative duty to determine an individual’s ability to pay and whether any nonpayment was willful before imposing incarceration as a consequence,” even when a defendant does not raise the issue. State and municipal courts must consider alternatives to incarceration for nonpayment, and should consider alternatives to other serious consequences such as drivers’ license suspensions as well, the DOJ said. As alternatives, the DOJ suggested penalty-free payment plans and amnesty periods during which warrants are canceled or fees waived. The DOJ also suggested alternatives to fines and fees as sentences in the first place. Attendance at a traffic safety class or community service could replace the fines and fees, the DOJ said. The agency recommended that courts and other justice-system officials assess whether their penalties for nonpayment of fines and fees disproportionately affect certain groups. The agency pointed in particular to the suspension of drivers’ licenses for failure to pay, which may disproportionately affect people of color. The DOJ discussed statutory requirements for courts that receive federal funding to provide language assistance for limited English proficient (LEP) individuals regarding imposition and collection of fines and fees. “Such assistance includes, but is not limited to, ensuring that court users with LEP have competent interpreting and translation services during all related hearings, trials, and motions, provided at no cost,” the DOJ wrote. The agency said its Office for Access to Justice would follow up with a guide including best-practice examples from states and municipalities, and its Office of Justice Programs would seek a provider for training assistance for jurisdictions wishing to examine their fines and fees policies and practices. The DOJ defined “fines” as monetary punishments for infractions and “fees” as required payments that go toward activities unrelated to the conviction or punishment. Press conference held today highlighting need for voters to call for marijuana legalization10/31/2022 Wisconsin Justice Initiative today urged Milwaukee County voters to tell legislators what they think about marijuana legalization.
Milwaukee County voters will see a legalization referendum question on the November 8 ballot. The question asks whether voters favor “allowing adults 21 years of age and older to engage in the personal use of marijuana, while also regulating commercial marijuana-related activities, and imposing a tax on the sale of marijuana.” At the press conference, WJI President Craig Johnson discussed criminal justice-based reasons for legalization, including the need to end sanctions that are enforced disproportionately against people of color. Current felony sanctions for possession cause lifelong harm by serving as a gateway into the criminal justice system, he said. Johnson was joined by Wisconsin Justice Initiative Action President Joseph Czarnezki. Czarnezki summarized the benefits of taxing revenue from marijuana sales. “Our neighboring states, Michigan and Illinois, have legalized it. Why should we be sending all our tax dollars to those states?” he said. Czarnezki noted that in a similar referendum in Milwaukee County four years ago, voters overwhelmingly voted “yes” for legalization. The current referendum is necessary because of the “need to keep the pressure on the state Legislature,” he said. Milwaukee County Supervisor Ryan Clancy, who sponsored the resolution putting the referendum on the ballot, highlighted how criminalization hampers hiring and employment efforts. “These things are not just locking people up, it’s not just putting people back in jail and giving more work to our Milwaukee County employees, but it’s keeping people from getting jobs in the first place.” Wisconsin Sen. Melissa Agard talked of the legislative bills she has sponsored for a decade. Those bills have been blocked or stuck in the Legislature, and voters need to tell legislators to get them moving, she said. Cannabis educator and researcher Brad Rowe discussed how legalization and licensing of marijuana create safer usage and the opportunity for open discussion about marijuana use. For instance, someone using marijuana could call for medical help without the response of police officers as well, he noted. He described how current law impedes research into the medical benefits of cannabis for treatment of chronic pain, nausea, or other conditions. Andrew Hysell of Forever Wisconsin served as emcee of the press conference. Similar referendums will be on the ballots in Dane and Eau Claire counties and in the cities of Stevens Point, Kenosha, Racine, Appleton, and Superior. WJI supports the legalization of marijuana to avoid the disparate and severe impact on minority communities. Listen to a recording of the press conference by clicking the arrow at the top of this story. On June 22 Angela Lang, the executive director of BLOC (Black Leaders Organizing for Communities), and Keisha Robinson, BLOC's deputy director, joined WJI to chat about their organization's activities, which include court watching, canvassing neighborhoods, and developing future leaders in the Black community. BLOC works through coordinated political action to ensure a high quality of life and access to economic opportunity for members of the Black community in Wisconsin and to empower Black leaders with the tools, training, and resources needed to organize and guarantee that their issues, concerns, and values are represented at all levels of government. Over just a few years BLOC has become a forceful nonprofit in the Milwaukee area. If you missed the Salon, or if you want to watch or listen again, click on the link below for the recording. This and recordings of several other past salons are also available on WJI's YouTube channel here. LBy Gretchen Schuldt Defendants facing bail-jumping charges are among the favorite targets of those pushing for tougher bail standards in the wake of the Waukesha parade tragedy. "If someone has proven through past behavior that they...cannot abide by the conditions of a bond imposed by the court, it only makes sense that they should be required to have a minimum vested interest in attending court dates and integrating into society," said Ryan Windorff, president of the Wisconsin State Lodge of the Fraternal Order of Police. Windorff was testifying in support of a bill that would establish a $5,000 minimum bail for criminal defendants previously convicted of bail jumping. Another proposal under consideration would amend the state constitution to allow judges setting bails to take into consideration factors including criminal histories and amorphous physical or non-physical "serious harm" to the public that would be defined by the Legislature and could be changed by legislative whim. Backers of both those proposals and others cite the case of Darrell Brooks, the man allegedly responsible for killing six and injuring others when he ran a vehicle into a crowd at the Waukesha parade. Brooks was out on bond at the time and faced domestic violence and bail-jumping charges. Milwaukee County District Attorney John Chisholm has acknowledged that Brooks should not have been released from the Milwaukee County Jail and that his office erred in seeking a bail of just $1,000. The stakes behind these bail-tightening proposals are huge, and not just for defendants. Any bill that would make it harder for people to win pretrial release will hit counties hard because counties, not the state, pay for the local jails where those awaiting trial are held. There were 45,454 felony cases and 56,870 misdemeanor cases opened in the state last year. The median number of days it took to close out a case was 161 for misdemeanors and 241 for felonies. None of the bills proposing tougher bail rules would provide assistance to counties to pay for the increased cost and there is a lot of room there for lengthy stays and jail overcrowding if onerous bail restrictions are adopted. As for bail jumping, there were a total of 29,791 misdemeanor and felony cases filed in the state last year. Bail jumping is one of the most common charges filed in the state. While the tough-on-crime crowd cites Brooks endlessly in their quest to keep the presumed innocent behind bars, not all people accused of bail jumping are Darrell Brooks – far from it. A bail-jumping charge can be (and is) issued for any violation of a condition of a bond, whether or not that violation is a crime itself. A person doesn't even have to be charged with a crime – a mere arrest is enough – to be guilty of bail jumping for violating a bond related to it. Case in point: Melodie Taylor was arrested by Platteville police for disorderly conduct and released on $150 bond issued with a condition that she not drink alcohol, according to a brief filed in the Court of Appeals. Some time later, she contacted the police about the bond and was told that if she didn't hear anything in a few days, she could assume that she would not be charged with a crime. |
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