969.035 Pretrial detention; denial of release from custody.
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969.035 Pretrial detention; denial of release from custody.
(1)In this section:
(a)“Serious bodily harm” means bodily injury which causes or contributes to the death of a human being or which creates a substantial risk of death or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.
(b)Notwithstanding s. 969.001
(3), “violent crime” means any crime specified in s. 940.01 , 940.02 , 940.03 , 940.05 , 940.06 , 940.07 , 940.08 , 940.10 , 940.21 , 940.225
(1), 940.23 , 940.60
(b), 940.65
(b), 940.66
(a)or
(c), 941.327 , 948.02
(1)or
(2), 948.025 , 948.03 , or 948.085 or s. 940.19
(5), 2023 stats., s. 940.195
(5), 2023 stats., s. 940.198
(a), 2023 stats., or s. 940.198
(c), 2023 stats.
(2)A circuit court may deny release from custody under this section to any of the following persons:
(a)A person accused of committing an offense under s. 940.01 , 940.225
(1), 948.02
(1)or
(2), 948.025 , or 948.085 .
(b)A person accused of committing or attempting to commit a violent crime and the person has a previous conviction for committing or attempting to commit a violent crime.
(3)A court may proceed under this section if the district attorney alleges to the court and provides the court with documents as follows:
(a)Alleges that the defendant is eligible for denial of release under sub.
(a)or
(b).
(b)Provides a copy of the complaint charging the commission or attempted commission of the present offense specified in sub.
(a)or
(b).
(c)Alleges that available conditions of release will not adequately protect members of the community from serious bodily harm or prevent the intimidation of witnesses.
(4)If the court determines that the district attorney has complied with sub.
(3), the court may order that the detention of a person who is currently in custody be continued or may issue a warrant commanding any law enforcement officer to bring the defendant without unnecessary delay before the court. When the defendant is brought before the court, he or she shall be given a copy of the documents specified in sub.
(3)and informed of his or her rights under this section and s. 970.02
(1)and
(6).
(5)A pretrial detention hearing is a hearing before a court for the purpose of determining if the continued detention of the defendant is justified. A pretrial detention hearing may be held in conjunction with a preliminary examination under s. 970.03 or a conditional release revocation hearing under s. 969.08
(b), but separate findings shall be made by the court relating to the pretrial detention, preliminary examination and conditional release revocation. The pretrial detention hearing shall be commenced within 10 days from the date the defendant is detained or brought before the court under sub.
(4). The defendant may not be denied release from custody in accordance with s. 969.03 for more than 10 days prior to the hearing required by this subsection.
(6)During the pretrial detention hearing:
(a)The state has the burden of going forward and proving by clear and convincing evidence that the defendant committed an offense specified under sub.
(a), or that the defendant committed or attempted to commit a violent crime subsequent to a prior conviction for a violent crime.
(b)The state has the burden of going forward and proving by clear and convincing evidence that available conditions of release will not adequately protect members of the community from serious bodily harm or prevent the intimidation of witnesses.
(c)The evidence shall be presented in open court with the right of confrontation, right to call witnesses, right to cross-examination and right to representation by counsel. The rules of evidence applicable in criminal trials govern the admissibility of evidence at the hearing.