Course Description: 

This presentation presented by Katie York and Adam Plotkin of Wisconsin SPD provides an overview and analysis of Wisconsin's constitutional bail amendment and corresponding statutory changes. Designed for defense attorneys and public defender staff, the session examines new standards regarding cash bail, non-monetary conditions of release, public safety considerations, and procedural requirements for pretrial release hearings.

Course Highlights: 

• Constitutional & Legislative Overview: Breakdown of the 2023 Wisconsin constitutional amendment and implementing statutes affecting pretrial release.
• Cash Bail Standards: Guidance on how courts evaluate financial conditions of release and assess serious harm or dangerousness to the community.
• Practice Recommendations: Strategic considerations for defense counsel advocating for client release under the updated legal frameworks.
• Q&A: Answers to common practical questions regarding timing, burdens of proof, and implementation across local jurisdictions.

Referenced Case Law:

• State v. Fastner (2023 WI 10)
• State v. Wilcenski (2013 WI App 71)
• State v. Taylor (2022 WI 81)
• Stack v. Boyle, 342 U.S. 1 (1951)