Wisconsin’s Milwaukee and Dane Counties are among many jurisdictions in the country employing modern bail reforms, specifically the Public Safety Assessment (PSA). Most of these jurisdictions adopted the PSA before the advent of the COVID-19 pandemic in the United States, but are increasingly relevant as the virus continues to derail public health measures. Through the intersection of detainees, correctional officers, judicial officials, attorneys, and visitors, millions of Americans filter in and out of correctional facilities on an annual basis. These facilities serve as a microcosm of society and breeding ground for mass infection. The COVID-19 pandemic amplified an existing need for reform of correctional facilities to better protect the rights and health of pretrial detainees. This Comment examines the efficacy of the PSA and other currently employed bail reform measures and concludes with how the State of Wisconsin can adopt stronger measures to effectively assess risk while maintaining the liberties of pretrial detainees.
Mahmood N. Abdellatif,
Does Public Health Start Within Jails? A New Incentive for Reform of Wisconsin's Bail System,
105 Marq. L. Rev. 1005
Available at: https://scholarship.law.marquette.edu/mulr/vol105/iss4/7