Wrongly convicted people in Wisconsin can wait months to have their cases reviewed and receive compensation that does not meet their needs, advocates say. A bipartisan bill in the state Legislature aims to address those problems. | Photo by Caspar Benson/Getty Images

On Dec. 3, a committee of Wisconsin lawmakers heard from Gabriel Lugo about his time in prison before his conviction was overturned. 

Lugo testified through a statement read by attorney Rex Anderegg in a hearing of the Assembly Committee on State Affairs. He said he experienced constant lockdowns that severely restricted his movement and some correctional officers treating him as less than human. 

Lugo, 36, was convicted of first-degree reckless homicide in 2009 and spent the majority of his incarceration in Waupun Correctional Institution, the state’s oldest prison, which has received scrutiny for prison deaths and living conditions. After Lugo’s conviction was overturned, he was released from jail in June 2023.

According to Christopher Lau of the Wisconsin Innocence Project, the project has helped exonerate more than 30 people. Clients leave prison with medical ailments and emotional trauma, without familial support, employment, savings, and often, with nowhere to call home, his testimony stated. Many struggle to re-enter society. 

Exonerees often have to wait months to get on the agenda for the claims board’s meetings, Lau stated. If they qualify, the law doesn’t provide enough to ensure stable housing, he said, “to say nothing of the costs of social services like counseling, vocational assistance and access to health insurance.” 

The Wisconsin Claims Board can award up to $25,000 in compensation, at a rate not greater than $5,000 per year for the imprisonment, and has also awarded attorney fees. It can recommend that the state Legislature issue additional compensation. 

In February 2016, the Assembly unanimously approved a bill that aimed to increase state support for wrongly convicted people, including enabling the claims board to issue higher payouts. It did not become law. 

AB 583, a bill currently in the Legislature, also aims to provide more aid more quickly to wrongly convicted people. Under the bill, a wrongly convicted person would receive compensation at a yearly rate of $50,000, prorated daily, for the imprisonment; the total would not exceed $1 million. The claims board would adjust the rate yearly to account for the cost of living, and it would be able to award compensation in an annuity payable over time. 

The bill addresses when people who received compensation for wrongful imprisonment in the past can petition for more under the new law, potentially allowing some to receive more compensation. 

The bill lays out when wrongly convicted people could have health care coverage under plans offered by the Group Insurance Board to state employees. 

Under the bill, if a person is released from imprisonment on the basis of a claim of innocence, they could petition for a court order directing the Department of Corrections to create a transition-to-release plan. They could also petition for a financial assistance award of up to 133% of the federal poverty level for up to 14 months, or while compensation proceedings are pending, whichever is shorter. 

State legislators who introduced the bill included Republican and Democratic lawmakers. Sen. Van Wanggaard (R-Racine), chair of the Senate Committee on Judiciary and Public Safety, submitted testimony in support of the bill. 

The bill bars some people from filing a petition with the claims board for compensation for wrongful imprisonment, such as a person who is convicted of a violent crime after being released. 

Records-sealing language

Also under the bill, a person released from imprisonment on the basis of a claim of innocence could petition the court for the sealing of all records related to the case. For Lugo, it took about two years to get a response from job applications because his case was still visible online, his statement said. 

A similar provision in the bill that the Assembly passed in 2016 drew pushback from the Wisconsin Freedom of Information Council, which argued that it would “dramatically compromise the ability of media and the public to examine what went wrong in cases in which things are known to have gone terribly wrong.”

On Dec. 22, the Wisconsin Examiner reached out to the office of Rep. Jessie Rodriguez (R-Oak Creek), one of the lawmakers who introduced the bill, about the provision and the council’s concern in 2016. 

“Thank you for bringing this information to our attention as we were not aware of this when we introduced the bill this session,” Rodriguez said in an emailed comment. “The organization has not reached out to us with any concerns at this time.”

Lawsuits

Wrongly convicted people may also attempt to obtain a monetary award through lawsuits. The bill addresses the possibility of a person receiving a settlement, judgement or award for damages in a federal or state action related to their wrongful imprisonment. 

Under one of these parts of the bill, if the person obtains a settlement before the claims board awards them compensation, the claims board would subtract the amount from the board’s compensation. 

Changing the process

Under current law, the claims board is responsible for finding whether the evidence of the person’s innocence is “clear and convincing.” 

The claims board members come from the Department of Justice, the Department of Administration, the Office of the Governor, the Wisconsin Senate and the Wisconsin Assembly. The Senate and Assembly members are Sen. Eric Wimberger (R-Oconto) and Rep. Alex Dallman (R-Markesan).

Under the bill, when the claims board receives a petition for compensation for an innocent convict, it would be referred to the Division of Hearings and Appeals in the Department of Administration. The division would find whether the evidence is clear and convincing that the petitioner was innocent of the crime they were imprisoned for. 

If the evidence is clear and convincing for innocence, the division would transmit its findings to the claims board, which would decide what amount of compensation would be equitable. 

Individual bills

In a decision dated Jan. 30 of this year, the claims board awarded $25,000 to Gabriel Lugo, plus approximately $77,000 in attorney fees, and recommended that the Legislature award him an additional $750,000.

According to Rodriguez, the Legislature has only passed individual appropriation bills awarding additional compensation three times. 

Rodriguez’s testimony stated that it’s estimated that around 72 people have been exonerated in Wisconsin since 1990, and that seven received recommendations for compensation above the cap. She stated in a press release that “the Legislature should not have to play judge and jury again” when there is already a process at the claims board. 

“Without these reforms, exonerees would continue to need individual appropriation bills to receive an adequate amount of compensation,”  Rodriguez stated in a press release. “These bills have rarely been acted upon, and even more rarely are signed into law.”

The board has also recommended that the Legislature issue additional compensation for Robert and David Bintz, who were released from prison in the fall of last year.

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A screenshot from a video released by the Wisconsin State Public Defender that shows a youth in detention being restrained and beaten by staff at the Jonathan Delagrave Youth Development and Care Center in Caledonia on May 27, 2025.

The Wisconsin State Public Defenders Office released a video Tuesday of an incident involving a staff member repeatedly punching a then-15-year-old at a juvenile detention center.

The incident took place on May 27 and involved a youth at the Jonathan Delagrave Youth Development and Care Center in Caledonia.

 The video appears to show four staff members directing him to move from a spot by a wall in a hallway, possibly to a nearby room, and Elliott not moving. After a staff member swung at him, the situation devolved into a struggle. Elliott was struck repeatedly by staff before and after he was on the ground.

The incident occurred less than a month after the 48-bed facility opened on May 1, the State Public Defenders Office (SPD) said. According to the SPD, the teen had bruises, swelling on his right eye, blurred vision and headaches, scrapes and cuts and dried blood in his ear, based on records from evaluations arranged by the facility. 

“To the parents who have kids in a detention center, check on your babies,” said Kianna Reed, his mother.

The SPD wants its client immediately transferred from the facility and placed in a group home “where he can receive specialized therapy and support.”

“The people in this video should have never been entrusted with caring for children. This is a sickening act of violence,” State Public Defender Jennifer Bias said in a statement. 

The family is looking for an attorney for a civil lawsuit against Racine County, the SPD said. 

In the SPD release, Reed said that “seeing that video and knowing my son is still in that facility is terrifying,” and that “the staff need proper training and accountability.”

In a statement emailed to the Examiner, a Racine County spokesperson described the publicly released video as a partial record of a longer incident  and said that staff’s interaction with the youth took place over several minutes. It said the youth clenched his fists and made multiple threats of physical violence to other juveniles and staff.

“Maintaining the safety of youth and staff in our facilities is our highest priority,” Amberlyn Yohn, administrator of youth rehabilitation services, said in the county’s statement. “Situations like this are complex and unfold quickly. While one employee’s actions became the focus of this incident, our broader team followed established protocols and cooperated fully with the review process.”

The county commits to making sure staff have the training, oversight and support needed for managing difficult situations, Yohn said.

The “primarily involved staff member” was immediately placed on administrative leave after the incident and resigned within three days, Racine County said in a statement emailed to the Examiner. According to the Milwaukee Journal Sentinel, his name is Robert Knight, and he told the Journal Sentinel his actions were justified based on Elliott’s history at the center. He disputed that he resigned because of the investigation.

A different worker seen repeatedly striking the teen was ordered to complete eight hours of remedial training and appears to still be employed at the facility, according to the public defender’s office. Three of the four staff members involved are still employed at the center, according to the public defender’s office, which obtained records showing the staff’s employment status.

Knight said her son was displaying signs of aggression at the time of the incident, according to the Journal Sentinel. He said he intended to force the boy back rather than strike him.

The teen had been found guilty of charges of retail theft and obstructing an officer.

A new alternative

Efforts to close the Lincoln Hills facility have not yet proven successful, and its location makes it difficult for youth there to maintain contact with their community and families.

Years after a 2017 lawsuit filed over abuses, Gov. Tony Evers announced in October that the state had reached full compliance with all of the court-ordered reforms. The Department of Corrections’ website describes plans to build smaller facilities and keep youth closer to home.

In addition, the state has awarded money to counties to establish Secure Residential Care Centers for Children and Youth (SRCCCY). Milwaukee’s is expected to open in 2026; Racine’s is the only one that is currently open. The county website says it provides a “structured and rehabilitative environment for male youth.”

The facility was built as an alternative to the Lincoln Hills and Copper Lake youth prisons, the SPD said in its release. Some juvenile offenders can now go to the facility instead of Lincoln Hills, Eileen Fredericks, the SPD’s youth defense practice coordinator, told the Examiner.

Fredericks said that “we only have one, and then shortly after it opens, we have this really serious incident.”

The county’s website says that youth are placed in the SRCCCY under a statute that requires that the youth committed an act that would carry a sentence of six months or more if the youth were an adult. The youth also must have been found to be a danger to the public and in need of restrictive custodial treatment.

In the weeks before the facility opened in May, the Racine County Eye reported that officials said the center is a more cost-effective and compassionate alternative to state-run youth correctional facilities such as Lincoln Hills.

According to the public defender’s office, at the time of the incident, the teen was a few weeks into a five and a half-month period of participation in the SRCCCY’s RISE-UP program. He has been in detention consistently since December 2024, the SPD office said.

In the SPD’s release, Bias argued that building “shiny new prisons” won’t prevent situations like what happened to the teen. 

“We need meaningful reforms to the way our children are treated in the juvenile justice system,” Bias said. “We need judges who will prioritize alternatives to incarceration and detention workers who value care over punishment.”

Fredericks said she wants “these kids to be seen as kids” and that “there’s kind of this mindset that they’re less than kids, because they’ve done something wrong.”

Transparency concern

Bias accused the county of seeking to “sweep this incident under the rug.” The public defender’s office called for a “full-scale” investigation into conditions at the facility and the qualifications of staff members who interact with children. 

Reed told the Examiner she did not see any of the video released Tuesday by the SPD until October. 

In its statement, the county said that immediately after the May 27 incident, the mother of the youth and the Wisconsin Department of Corrections were notified. The Examiner reached out to the DOC and was told that the Jonathan Delagrave facility is county-run, and questions regarding personnel or those housed there are best directed to Racine County. 

The county said important privacy protections for juveniles must be respected, but that the county has been and remains transparent in its response to the incident. 

Law enforcement and independent human services agencies fully investigated and reviewed the incident, the county said. The details of the investigation and relevant video were provided to the Racine County District Attorney’s Office, which declined to pursue prosecution, the county said.

Warning: the video released by the Wisconsin State Public Defender’s Office contains graphic footage of violence against a child.

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Wisconsin Gov. Tony Evers announced Tuesday that he has signed 34 bills into law, including a bill requiring judges to sentence offenders to at least 10 years in prison if convicted of a human trafficking crime and 15 years for a child trafficking crime. (Photo by Baylor Spears/Wisconsin Examiner)

Wisconsin Gov. Tony Evers announced Tuesday that he has signed 34 bills into law, including a bill requiring judges to sentence offenders to at least 10 years in prison if convicted of a human trafficking crime and 15 years for a child trafficking crime. 

“Crimes of this nature — most especially when it comes to our kids — should be punishable by the full extent of the law,” Evers said in a statement. “With this bill, we are helping ensure that we’re protecting some of our most vulnerable youth and holding predators accountable, most especially when they prey on our kids.”

The bill includes increases to the maximum amounts of prison time a person can receive for human and child trafficking crimes, and it allows more time for prosecution of human trafficking crimes. 

Human trafficking involves using force, fraud or coercion for labor, services or a commercial sex act. Trafficking of a child can involve a knowing attempt to recruit a child for commercial sex acts. Wisconsin trafficking law also bans benefiting from trafficking or knowingly receiving compensation from the earnings of debt bondage, a prostitute or a commercial sex act. 

Last month, the Wisconsin Examiner reported on lawmakers’ reasons for supporting the bill, such as preventing human traffickers from doing further harm. Rep. Jerry O’Connor (R-Fond Du Lac) cited cases that appeared to have taken place in other states in which people convicted of sex trafficking received between six and eight years in prison. 

The Examiner reported on criminal justice advocacy groups and attorneys’ criticisms of the mandatory minimums, including a concern from attorneys that judges would sentence people who are trafficking victims themselves to the mandatory minimum punishment without being able to consider whether the person deserved a lighter sentence because their trafficking crime was influenced by their trafficker. The bill didn’t contain an exception to the mandatory minimum for that type of situation. While Wisconsin law allows a defense in court for people who committed a crime as a “direct result” of trafficking, that didn’t allay critics’ concerns.

The anti-sex trafficking organization Shared Hope International gave Wisconsin law failing grades on multiple categories relevant to survivors of child sex trafficking: “protection from unjust criminalization,” “legal relief” and “survivor-centered supports.” The analysis was based on laws enacted as of July 1. 

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