These proposed amendments to the Wisconsin Constitution have passed in two consecutive legislative sessions and are on the April 4, 2023, ballot for ratification by the voters of Wisconsin.
| Question 1: Conditions of Release Before Conviction Amendment | |
| Ballot Wording | Conditions of release before conviction. Shall section 8 (2) of article I of the constitution be amended to allow a court to impose on an accused person being released before conviction conditions that are designed to protect the community from serious harm? |
| Legislative Wording | The ballot measure would amend Section 8(2) of Article I of the Wisconsin Constitution. The following underlined language would be added and struck-through language would be deleted: All persons, before conviction, shall be eligible for release under reasonable conditions designed to assure their appearance in court, protect members of the community from serious bodily harm as defined by the legislature by law or prevent the intimidation of witnesses. Monetary conditions of release may be imposed at or after the initial appearance only upon a finding that there is a reasonable basis to believe that the conditions are necessary to assure appearance in court. The legislature may authorize, by law, courts to revoke a person's release for a violation of a condition of release.
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| YES | A "yes" vote supports amending the state constitution to authorize the state legislature to define serious harm in relation to the conditions, designed to protect the community from serious harm, a judge imposes on an accused person released before conviction. |
| NO | A "no" vote opposes amending the state constitution to authorize the state legislature to define serious harm in relation to the conditions, designed to protect the community from serious harm, a judge imposes on an accused person released before conviction. |
| Question 2: Conditions for Cash Bail Amendment | |
| Ballot Wording | Cash bail before conviction. Shall section 8 (2) of article I of the constitution be amended to allow a court to impose cash bail on a person accused of a violent crime based on the totality of the circumstances, including the accused's previous convictions for a violent crime, the probability that the accused will fail to appear, the need to protect the community from serious harm and prevent witness intimidation, and potential affirmative defenses? |
| Legislative Wording | The ballot measure would amend Section 8(2) of Article I of the Wisconsin Constitution. The following underlined language would be added. All persons, before conviction, shall be eligible for release under reasonable conditions designed to assure their appearance in court, protect members of the community from serious bodily harm or prevent the intimidation of witnesses. Monetary conditions of release may be imposed at or after the initial appearance only upon a finding that there is a reasonable basis to believe that the conditions are necessary to assure appearance in court, or if the person is accused of a violent crime as defined by the legislature by law, only upon a finding that there is a reasonable basis to believe that the conditions are necessary based on the totality of the circumstances, taking into account whether the accused has a previous conviction for a violent crime as defined by the legislature by law, the probability that the accused will fail to appear in court, the need to protect members of the community from serious harm as defined by the legislature by law, the need to prevent the intimidation of witnesses, and the potential affirmative defenses of the accused. The legislature may authorize, by law, courts to revoke a person's release for a violation of a condition of release.
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| YES | A "yes" vote supports amending the state constitution to authorize judges to consider the following conditions when imposing and setting cash bail:
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| NO | A "no" vote opposes this amendment, thereby maintaining the existing conditions for imposing cash bail. |