The Wisconsin Assembly passed a package of criminal justice-related bills Thursday, including a requirement to revoke probation or parole for people charged with crimes and imposing financial penalties if Milwaukee Public Schools does not return police officers to school buildings.
Republican lawmakers argued that the bills were necessary to improve public safety in Wisconsin.
“Wisconsinites in almost every part of our state have seen that there are areas of our state that have sincere and real concerns,” Assembly Speaker Robin Vos (R-Rochester) stated at a press conference.
Assembly Minority Leader Greta Neubauer (D-Racine) stated during floor debate that lawmakers should be crafting “smart” legislation to ensure people’s safety throughout the state, but the bills fall short of that goal. She believes lawmakers should prioritize investing in safety.
“We can use evidence based, data driven practices to lower recidivism, to save taxpayer dollars and invest in rehabilitation and treatment to keep our communities safe,” according to Neubauer. “Democrats are serious about safety, but the majority of bills in front of us today are not.”
Rep. Ryan Clancy said in a statement after the session that lawmakers spent the day “considering badly written, badly conceived bills that will harm people and waste public resources” and that Republicans refused to acknowledge that mass incarceration and prison overcrowding are state problems.
“It’s wildly irresponsible to even consider increasing penalties and interfering with the very few tools of leniency we have with a prison system holding 5,000 more people than intended,” Mr. Clancy said. “But here we are.”
A few of the bills would impose stricter requirements for dealing with criminal charges for those released from prison.
AB 85 would require supervising corrections officials to recommend revoking extended supervision, parole, or probation for formerly incarcerated individuals charged with a new crime following their release. It passed 53 to 43.
According to the Department of Corrections’ fiscal estimate, the bill would result in approximately 6,280 additional revocation cases per year. It also discovered that operations costs would rise by $85 million in the first year of enactment, with a permanent increase of approximately $245 million after the population is annualized in the second year.
Vos stated that the bill should be simple. He claimed that people out on parole have been given the “privilege” of being released from prison.
“Do you stand with the victim and the public or do you stand with the criminal who has reoffended and given up the privilege that he was briefly granted?” Vos rhetorically asked. “I think the price is worth it — $300 million to keep the people safe.”
Jacobson stated that the bill is necessary to address the “revolving door” in the prison system and prevent criminals from victimizing others. He stated that extended supervision, probation, and parole are tools for giving people a second chance with the expectation that they will not commit further crimes.
“In far too many cases, a person released under state supervision continues the behavior that resulted in them going to prison in the first place,” Mr. Jacobson said. “It seems like common sense that someone who has been convicted of a crime, is released under state supervision, and then returns to commit another crime should have their release revoked. This is far too often not the case.
Clancy claimed in his statement that Republicans were “openly misleading the public and their colleagues about the contents and impacts of those bills.” He stated that the bill would be “triggered when someone is merely charged with a crime” but not found guilty.
AB 66 would require prosecutors to seek court approval to dismiss certain criminal charges. It passed 53 to 44.
Rep. Alex Joers (D-Middleton) stated that the bill would “remove prosecutorial discretion” and place restrictions on those who seek to uphold the law.
The bill’s author, Jacobson, argued that it would support law enforcement and protect Wisconsinites from victimization. He pointed out that Wisconsin law allows prosecutors to dismiss, amend, or enter into deferred prosecution agreements.
“In the Legislature, we can impose whatever penalties we want. “It won’t matter if the justice system doesn’t apply those penalties,” Jacobson stated. The bill, he said, would add another layer of oversight and transparency by requiring prosecutors to seek court approval before dismissing or amending charges in cases involving one of seven serious crimes. These include sexual assault, crimes against children, auto theft, reckless driving resulting in serious bodily harm, and felon illegal firearm possession.
“These crimes leave lasting impacts and it’s our job as officials to take these seriously,” Jacobson told the media.
Lawmakers also passed a couple of bills that would increase the penalties for specific crimes.
AB 61, which would increase penalties for injuring or killing an animal used by police or firefighters, was approved by voice vote.
In particular, the bill would elevate animal cruelty to a Class H felony, punishable by up to $10,000 in fines or six years in prison. Killing an animal would be elevated to a Class G felony, punishable by a $25,000 fine or a 10-year prison term.
AB 86 passed with a voice vote. The bill would raise the penalty for child sex trafficking to a Class A felony if at least three victims were children at the time of the crime. As a Class A felony, the crime could result in life imprisonment.
AB 89 would allow multiple acts of theft or retail theft committed by the same person to be prosecuted as a single crime, with the total value of the thefts combined to determine the penalty. It passed 71–26, with 18 Democrats joining Republicans in support.