ACLU of Wisconsin is Additionally Calling for the Release of People Currently in Pretrial Detention Because of Cash Bail to Prevent a Public Health Crisis
 
MILWAUKEE – Wisconsin officials should heed public health experts’ advice and immediately release individuals in detention who are at high risk of severe illness or death from COVID-19, wrote the ACLU of Wisconsin in a letter to Governor Tony Evers and other criminal justice system stakeholders today. In the letter, they are asking to ensure that system actors are responding to recommendations put forth by public health experts, specifically calling for the immediate release from prisons and jails of communities identified by the Centers for Disease Control and Prevention (CDC) as vulnerable, as well as people currently in pretrial detention, to prevent a public health crisis.

“Public health experts recognize that there is a heightened risk of infection for people who are involved in the criminal legal system,” said Chris Ott, ACLU of Wisconsin executive director.  “From policing, prosecution and pretrial hearings, to sentencing, confinement, and release, every aspect of the system must come under intense scrutiny for how it responds to this national public health crisis. The steps we’re calling for today will help protect vulnerable populations, advance public health, and combat the spread of this harmful virus.”  

In the letter, the ACLU of Wisconsin is calling on: 

  • Governor Evers to grant commutations to anyone identified by the CDC as particularly vulnerable whose sentence would end in the next two years, to anyone whose sentence would end in the next year, and to anyone currently being held on a technical (crimeless) supervision violation.
  • Police to stop arresting people for minor offenses and in other circumstances issue citations or desk-tickets in lieu of arrest so that people can return home, balancing the need for arrest with the overwhelming public safety concerns presented by coronavirus.
  • Prosecutors to avoid cash bail requests and move for release in all but the very few cases where pretrial detention is absolutely the least restrictive means necessary to ensure a person’s return to court. They should also institute a review-and-release protocol in cases which bail was already sought in the past 30 days and the person is currently detained. 
  • Judges to allow anyone with an open criminal case and upcoming hearing the chance to voluntarily waive that hearing or conduct that hearing via telephone or video conference. 
  • Sheriffs to ensure that facilities are as empty, safe, and clean as possible and that hygiene products are free and readily available to incarcerated people and staff. 
  • Probation and Parole Agents and Parole Boards to expedite and expand release opportunities for incarcerated people, reducing the population in prisons as recommended by health experts. Boards should institute a presumption for release for all people who have a parole hearing scheduled in the next two years. 

According to the ACLU of Wisconsin’s Smart Justice Blueprint, the number of people over the age of 50 in Wisconsin prisons, a population generally considered to pose a negligible risk to public safety while being highly vulnerable to complications from COVID-19, more than tripled between 2000 and 2016, growing from 1,320 people to 4,384 people. As of December 2016, nearly one in every five people (19 percent) imprisoned in Wisconsin was age 50 or older. Twenty-eight percent of people age 50 or older in Wisconsin prisons in 2017 were serving time for nonviolent offenses. 

Public health experts and groups such as Dr. Gregg Gonsalves, doctors working in New York City Hospitals, Dr. Marc Stern, Dr. Oluwadamilola T. Oladeru and Adam Beckman, Dr. Anne Spaulding, Homer Venters, and Josiah Rich have all clearly stated that preventing the harm inflicted by SARS-CoV-2 and COVID-19 can become immensely more difficult for people involved in the criminal legal system. By following the recommendations outlined in the ACLU’s letter, state and local officials can create a culture in which transparency, safety, and the health of all people is the paramount concern. 
 
 

Date

Wednesday, March 18, 2020 - 12:15pm

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Over the past two weeks, the coronavirus pandemic has escalated into a national public health crisis and disrupted our daily lives in ways large and small. 

Here at the ACLU of Wisconsin, we are following CDC guidelines and requiring our staff to work from home, which means we are keeping limited office hours.

However, while we may be working remotely, we are more committed than ever to defending civil and human rights in Wisconsin, especially on behalf of vulnerable populations whose rights – and health – are most at risk during this pandemic. 

We know that the government is most prone to abuse during times of crisis, so we’ll be watching to ensure the official response is grounded in science and does not unnecessarily infringe on our constitutionally-guaranteed civil rights.

The ACLU of Wisconsin has called on Governor Evers and other criminal justice system stakeholders to heed public health experts’ advice and immediately release individuals in detention who are at high risk of severe illness or death from COVID-19.  On March 19, we held a virtual town hall about what incarcerated people and their loved ones need to know about this virus, and the actions we all can take right now to protect civil and human rights in Wisconsin. 

We’re also working diligently to educate voters about their ability to absentee vote by mail in the upcoming April 7th election. In addition to the presidential primary, voters will also decide who will serve on the state’s highest court and whether to enact a harmful ballot initiative called Marsy’s Law that would undermine protections for the accused. 

This has been a challenging time for so many Wisconsinites, and there are even more trying times ahead. Throughout this crisis, we will remain steadfast in our defense of liberty and committed to supporting the civil rights and well-being of everyone in our state.

As always, if you believe your rights have been violated, please let us know: https://www.aclu-wi.org/en/request-legal-assistance 

Date

Friday, March 20, 2020 - 3:30pm

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The April 7th election is right around the corner and it’s critical for Wisconsinites to make their voices heard. In addition to the presidential primary, voters will also decide who will serve on the state’s highest court and vote on a harmful ballot initiative that’s not what it seems. 

Our rights are on the ballot– and if you’re trying to avoid public spaces, voting has never been easier. Any Wisconsin voter can vote by mail by visiting: https://myvote.wi.gov/en-us/VoteAbsentee

Here’s how to vote by mail in four easy steps:

  1. Make sure you’re registered at your current address by March 18. If you aren't registered at your current address, you need to register before or when you ask for an absentee ballot. You can register online with a Wisconsin driver's license or ID card, or by mail with proof of residence, until March 18. After that you can register in person at an early voting site or on Election Day.
     
  2. Request an Absentee Ballot. You can request an absentee ballot online at: https://myvote.wi.gov/en-us/VoteAbsentee. While voters have until 5pm on April 2nd to request an absentee ballot once they've registered, don't delay! Request your absentee ballot early to make sure your voice is heard.
     
  3. Get Your Ballot. You can receive your ballot by mail on the website, or by email or fax by contacting your municipal clerk.
     
  4. Mail or Deliver Your Ballot. Remember that you must mail your ballot back to the clerk, or deliver it in person.  Make sure you've got all the required information on the envelope, including a witness signature and address. The clerk must RECEIVE your ballot no later than 8pm on Election Day, just postmarking it that day isn't enough. So mail it in plenty of time to get to the clerk – or drop it off in person.

(Public health officials recommend that you not lick absentee ballot envelopes, but instead use a wet sponge or cloth to seal them.)

Date

Friday, March 13, 2020 - 3:15pm

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