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2009 Wisconsin Attorney General Reports and Opinions 1 (2009)

handle is hein.sag/sagwi0006 and id is 1 raw text is: STATE OF WISCONSIN DEPARTMENT OF JUSTICE 114 East, State Capitol J.B. VAN HOLLEN P.O. Box 7857 ATTORNEY GENERAL Madison, WI 53707-7857 608/266-1221 Raymond P. TalTora TTY 1-800-947-3529 Deputy Attorney General April 22, 2009 OAG-1-09 Mr. Brian W. Blanchard District Attorney Dane County 215 South Hamilton Street, #3000 Madison, WI 53703-3297 Dear Mr. Blanchard: In your letter dated November 18, 2008, you indicate that Dane County has recently established a revolving bail fund. You state that there has been no judicial action by any Dane County Circuit Court Judge or Judges directing or approving the use of such a fund. BACKGROUND Your letter indicates that the revolving bail fund is funded by the county. The fund is a line item in the budget of the Dane County Sheriff. Monies are lent by the Dane County Sheriff's Office from the fund to persons who have been booked into the Dane County Jail. Funds are lent to persons who lack the financial resources with which to post bail in connection with certain offenses for which the Uniform Bail Schedule sets bail at $250 or less. Your letter suggests that the vast majority of these offenses are misdemeanors. In order to be eligible to receive monies from the revolving bail fund, the person cannot be subject to any outside holds, warrants, or commitments; cannot have been arrested for domestic abuse of any kind; cannot have been booked into the jail for any municipal ordinance violation; cannot have failed to appear in court or have been subject to a bench warrant during the preceding five years; cannot have tested positive for any amount of alcohol; and cannot be incapacitated by any drug. The person must also possess valid identification, such as a current driver's license. If the person meets these criteria, he or she must sign a promissory note payable to the county and must also execute an assignment of bail directing the clerk of court to return the amount loaned from the revolving bail fund to the county once the conditions of the indigent person's bail are satisfied. At the time the funds are loaned, there has been no court appearance, no appearance before a judge or court commissioner, and no involvement by the prosecutor or by defense counsel. I have been unable to locate a Dane County Ordinance establishing a revolving bail fund. See http://countyofdane.conilnified/information/ordinances.aspx; htt://danedocs.countof dane.conAvebdocsp df/ordinances/ord0y .,p f(last visited 3/31/2009).

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