The proposed Assembly Joint Resolution 145 seeks to amend the Wisconsin Constitution regarding the pretrial release of individuals accused of crimes. The resolution introduces a presumption that all accused persons are eligible for release before conviction, provided they meet reasonable conditions aimed at ensuring their court appearance, protecting community safety, and preventing witness intimidation. Additionally, it aims to eliminate cash bail entirely, requiring that any law allowing courts to deny release for serious felonies must include a presumption of eligibility for release that the prosecution must overcome to deny bail.
This constitutional amendment, which has been introduced to the 2025 legislature, will require approval from two successive legislatures and ratification by the public before it can take effect. The changes proposed in the resolution emphasize a shift towards a more equitable pretrial process, reducing reliance on monetary conditions for release and ensuring that the burden of proof lies with the prosecution when seeking to deny bail for serious offenses.