NCJ Number
78157
Date Published
1980
Length
124 pages
Annotation
Pretrial release in Wisconsin and the pretrial release evaluation systems in one Wisconsin County and in other States are discussed, and major studies dealing with pretrial release are described.
Abstract
Every criminal defendant in Wisconsin's criminal justice system currently has a constitutional right to have bail set, and excessive bail is prohibited. A defendant may be released with or without bail by a judge or law enforcement officer subsequent to an arrest. A law enforcement officer may release the person arrested if the officer is satisfied that insufficient grounds exist for a criminal complaint. After issuing a complaint, a district attorney may issue a summons and the defendant may remain free from custody until the scheduled court appearance. Release may also occur pursuant to the issuance of a citation by a law enforcement officer subsequent to an arrest. Although no bail evaluation system is currently operating in Wisconsin, a bail evaluation unit operated in Milwaukee County from 1972 through 1976 and is being reinstated. Programs are also operating in Kentucky and Oregon as well as in other States. Extensive appendixes present the forms, regulations, and other materials governing some pretrial release evaluation systems currently in effect and summarize significant research findings concerning pretrial release. Among these findings are that most defendants receiving pretrial release return for all court appearances and that release on recognizance and other nonfinancial forms of release are as effective or more effective than financial methods of release in assuring appearance in court and minimizing pretrial arrests. Several tables and notes are included.