State Senate passes multiple criminal justice reform bills

It might as well have been criminal justice week this past week in the state Senate, as GOP lawmakers passed a range of measures related to the state court system, from creating “problem-solving” courts to new transparency requirements for the Department of Justice.

On the latter question, the Senate approved Sen. Rob Hutton’s (R-Brookfield) bill to bring additional transparency to the state’s criminal justice system by requiring the Department of Justice (DOJ) to collect and publicly report detailed information about how criminal cases are handled.

Hutton said the bill empowers citizens, lawmakers, and public safety officials by providing a clearer understanding of decisions made at various points in the criminal justice process, including who is making those decisions and how outcomes vary across jurisdictions.

“The judicial system can be confusing and opaque for many citizens, which is frustrating for those who want to know why the system sometimes is too lenient and who is responsible for those decisions,” Hutton said. “This bill gives the public access to important information in a searchable format. The enhanced transparency will add accountability throughout the process.”

Under the amended bill, according to Hutton’s office, the DOJ will be required to publish an annual report and maintain a searchable online database of key criminal case data. The information will include the county in which the case was filed and the prosecutor assigned to the case; the name of the court official assigned to the case; the charging recommendation from the referring law enforcement agency; criminal charges filed; whether any charges were dismissed; and whether the case resulted in conviction.

The bill will preserve data for 10 years, giving the public and policymakers the ability to analyze trends in charging decisions, plea deals, and convictions. Hutton said that was essential to maintaining public trust in Wisconsin’s judicial process, deterring unwarranted leniency for repeat offenders, and slowing down the revolving door of crime.

“Wisconsinites deserve to know how justice is being administered and, in some cases, who is responsible for decisions that empower repeat offenders,” he said. “This bill ultimately empowers citizens to better understand this critical function of government.” 

The amended bill passed the Senate unanimously and now heads back to the Assembly for final passage.

Meanwhile, Sen. Andre Jacque’s (R-New Franken) bill aimed at reducing recidivism and promoting efficient dispute resolution passed the Senate, too, and now heads to the desk of Gov. Tony Evers.

Jacque said the legislation will enhance public safety and efficiency in the justice system by establishing specialized “problem-solving” courts in state law that provide expertise in the treatment of substance abuse, mental health, veterans, complex commercial cases, and similar issues. The senator said specialized courts for drug treatment, OWI offenses, commercial disputes and others have grown rapidly throughout the justice system.

“These courts work across multiple disciplines and institutions to use interventions that treat offenders while also holding them accountable for their criminal actions,” Jacque said.  “The programs reduce recidivism, increase public safety, and relieve pressure on our court system by focusing our criminal justice resources on violent offenders who pose the greatest risk and must be removed from our communities.”

Since its creation in 2005, Jacque said Wisconsin’s Treatment Alternatives and Diversion (TAD) grant program has provided effective alternatives to incarceration for non-violent offenders who need treatment for substance abuse and addiction. The TAD program currently operates in approximately 50 counties and in two tribes. 

“Substance addiction treatment courts enable non-violent offenders to voluntarily participate and receive drug treatment services instead of a jail or prison sentence,” Jacque said. “According to the Wisconsin Department of Justice, 97 percent of TAD graduates stayed out of state prison after completing their TAD program.”

Similarly, Jacque said the bill provides for the statutory establishment of commercial courts, established in a 2017 Wisconsin Supreme Court pilot project dedicating circuit court judicial dockets for large-claim commercial cases. The court reauthorized and expanded it twice since then, in 2020 and 2022.

“The lack of specific authorization for treatment courts and business courts by state rule or statute leaves their future uncertain,” he said. “Legislative action to recognize treatment and commercial courts within state statute will put in place a permanent system that decreases re-offenders and efficiently resolves commercial disputes, thereby providing more certainty for our economy.”

The measure must now be signed by the governor to become law.

Three more

That wasn’t all — the Senate passed three bills authored by Sen. Van Wanggaard (R-Racine) aimed at expanding transparency and efficiency in both government and public safety.

“The key to faith in government and the justice system is transparency, knowing what’s going on,” Wanggaard said. “Combined, these bills increase openness in government, the court system and public safety. It’s wins all around for good governing.” 

One of Wanggaard’s bill passed by the Senate would prohibit violent felons from changing his or her name. 

“Imagine a new neighbor moving in next door,” he said. “You’re excited to meet them, but you find out that the new neighbor previously victimized your family, and had changed their name. This law already applies to sex offenders, but it should apply to violent felons as well.” 

Addressing Wisconsin’s critical shortage of court interpreters is the focus of another bill by Wanggaard that allows court interpreters to participate virtually in trials. 

“Court interpreters are a vital part of the judicial system,” he said. “This bill will help courts operate more efficiently, and increase access to justice.”

The third bill would fix a Supreme Court decision that undermined the state’s open records laws.

In 2022, Wanggaard said, the Wisconsin Supreme Court changed the open records law, and, since then, there has been an increase in people not complying with the law.

“Secretary of state Sarah Godlewski had to settle a court case for records,” he said. “Superintendent Jill Underly withheld records for eight months and was threatened with a lawsuit before complying with a request. The Madison school district has been sued repeatedly for failing to respond to open records requests. Everyone, regardless of party, should agree that these actions were wrong.” 

His bill allows awarding of attorneys’ fees and costs if the threat of a lawsuit was a significant factor in obtaining the records.

Richard Moore is the author of “Dark State” and may be reached at richardd3d.substack.com.