If, after being arrested, the defendant escape or be rescued, or bail be not given or justified, or a deposit be not made instead thereof the sheriff shall himself or herself be liable as bail. But the sheriff may discharge himself or herself from such liability by the giving and justification of bail as provided in ss. 818.16 to 818.19, at any time before process against the person of the defendant to enforce an order or judgment in the action.
818.25.Sheriff’s liability.
Ch. 818: Arrest and Bail · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 818.25 makes the sheriff personally liable as bail if an arrested defendant escapes or is rescued, or if bail is never given or justified or a deposit made, but lets the sheriff escape that liability by giving and justifying bail under the justification procedure any time before process issues to enforce a judgment against the defendant.
Full Text of Section 818.25
Plain-English Summary
Section 818.25 places a fallback liability on the sheriff. If, after an arrest, the defendant escapes or is rescued, or if bail is never given or justified, or a deposit is never made in its place, the sheriff becomes liable as bail personally, standing in the shoes sureties would otherwise occupy.
The section also gives the sheriff a way out. The sheriff may discharge that liability by giving and justifying bail, following the procedure set out in sections 818.16 to 818.19, at any time before process issues against the defendant’s person to enforce an order or judgment in the action. That leaves the sheriff a real window to act, even after an escape or a missed deadline.
This section reinforces the incentive built into the rest of the chapter: because the sheriff can end up personally on the hook, the sheriff has every reason to see that the defendant either posts adequate bail or a deposit, or stays secured.
Frequently Asked Questions
When does a sheriff become personally liable as bail?
If the defendant escapes or is rescued after arrest, or if bail is not given or justified, or a deposit is not made instead.
Can the sheriff avoid that liability?
Yes, by giving and justifying bail following the procedure in sections 818.16 to 818.19.
How late can the sheriff still act to avoid liability?
Any time before process issues against the defendant’s person to enforce an order or judgment in the action.
What does it mean for the sheriff to be ’liable as bail’?
The sheriff takes on the same exposure sureties would otherwise carry, answerable for the defendant the way bail would be.
What happens if a sheriff is found liable and does not pay?
A related section allows the sheriff’s official bond to be pursued to collect the delinquency, the same way any other delinquency on that bond is collected.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 758, 777 (1975); Stats. 1975 s. 809.25; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.25; 1993 a. 486.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: wisconsin sheriff liable as bailsheriff escape defendant liability wisconsinsheriff discharge liability bail wisconsins. 818.25 sheriff bond civil arrest