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Evers signs bill adding mandatory minimums for human trafficking 

10 December 2025 at 02:30

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. 

The Wisconsin Examiner’s Criminal Justice Reporting Project shines a light on incarceration, law enforcement and criminal justice issues with support from the Public Welfare Foundation.

“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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A Wisconsin bill would allow one youth offender — and about 100 others — to appeal a life sentence

4 December 2025 at 11:45
Hands grasping bars in jail or prison

A bill in the Wisconsin Legislature would make youth who received life without parole eligible to appeal to shorten their sentences; currently 28 states ban life without parole for juveniles offenders | Getty Images

Since the 2022-23 session of the Wisconsin Legislature, a bill (SB-801/AB-845) has been discussed that would eliminate the court-imposed sentence of life without parole for a juvenile (under 18 years of age) and require the court to consider specific factors when sentencing youth, namely their level of maturity.

The Wisconsin Examiner’s Criminal Justice Reporting Project shines a light on incarceration, law enforcement and criminal justice issues with support from the Public Welfare Foundation.

The bill would also allow those already sentenced to life as a juvenile the opportunity to appeal and adjust their sentences after serving 15 years for crimes that didn’t involve murder and at 20 years for those who were convicted of homicide.

Two U.S. Supreme Court rulings (Miller v. Alabama, 2012, and Montgomery versus Louisiana, 2016) have held that life without parole for a juvenile comes under the category of cruel and unusual punishment. The Court has found that youth shouldn’t be held to the same level of accountability as adults because they are not psychologically or emotionally as mature and their brains are not fully developed.

According to an April 2024 report by the Campaign for the Fair Sentencing of Youth, “Unusual & Unequal: The unfinished business of ending life without parole for children in the United States,” 28 states have banned juvenile sentences of life without parole (JLWOP):

“The scientific understanding that young people have limited decision-making abilities and impulse control informed widespread, rapid rejection of JLWOP in state legislatures, the Supreme Court, state courts, and the court of public opinion. Declaring that youth is ‘a mitigating factor’ that must be considered by sentencing judges in Miller v. Alabama (2012), the U.S. Supreme Court held that life without parole is disproportionate for the vast majority of youth.”

Nikki Olson, founder and executive director of Wisconsin Alliance for Youth Justice, is one of the advocates pursuing the legislation in Wisconsin.

“Their liberty was taken away before they even had full rights because they were kids,” she said of juveniles sentenced to life. “We are talking about people who weren’t even 18, who couldn’t legally smoke cigarettes, drink alcohol or couldn’t even drive without their parents’ permission. They couldn’t sign contracts or be on a jury or vote in society. We understand that kids are fundamentally different. The science says kids are fundamentally different. The Supreme Court says they are fundamentally different. We would like Wisconsin law to reflect that as well.”

Two past Republican sponsors of the proposed Wisconsin legislation are Rep. Todd Novak and Sen. Jesse James.

Rep. Todd Novak (Screenshot via WisEye)

“Ending juvenile life without parole in Wisconsin is not just about reforming our justice system; it’s about restoring hope, potential and the promise of a future for our youth,” Novak has said. “This would also ensure that Wisconsin remains in compliance with the United States Supreme Court precedent.”

Sen. James has also gone on the record endorsing the bill. “The science is clear: brains are still developing. They cannot fully comprehend the extent of their actions,” James said. “For example, how is a 15-year-old supposed to understand life without parole when that sentence is literally quadruple the entire time they’ve been alive. People can grow; people can change, especially when their brains are still forming. Juveniles deserve a second chance.”

According to Sen. James’ office, the bill will be reintroduced as soon as the Department of Corrections (DOC) provides data on how many people currently incarcerated in Wisconsin  would be eligible to apply for a sentence adjustment if the bill is passed. The advocacy group Kids Forward puts the number somewhere north of 100.

Sen. James was asked whether his Republican colleagues known for supporting tough-on-crime legislation would also back the bill.

Sen. Jesse James (Screenshot via WisEye)

“As legislators, we introduce legislation with the hope that it’ll pass,” he said. “It is a part of our job to advocate for our bills and highlight the potential benefits and positive impact of the legislation with supportive research. Last session was my first time authoring this bill, and I’m still learning new information about this issue myself. We unfortunately didn’t get the opportunity to have a public hearing on this bill in the Senate last year, so myself and other advocates have not had the chance to testify in support and provide that background and context to members of the Senate.”

Convicted as a juvenile, serving life as an adult

Zachary Reid with tables he learned to weld while incarcerated | Photo courtesy Zachary Reid

Zachary Reid, 33, incarcerated at the New Lisbon Correctional Institution, has been in prison for 17 years. He is serving a life sentence, but he can apply for extended supervision after serving 40 years. If there isn’t a change in the law or Gov. Tony Evers doesn’t offer him a commutation or pardon, Reid is looking at another 23 years of incarceration.

If the bill does become law, Reid said he would apply at his 20-year mark, and he would be granted a hearing for a sentence adjustment.

The current language of the bill says the hearing should consider “relevant information” including “expert testimony and other information about the youthful offender’s participation in any available educational, vocational, community service, or other programs, the youthful offender’s work reports and psychological evaluations, evidence of the youthful offender’s remorse and the youthful offender’s major violation of institutional rules, if any.”

In 2008, when Reid was 16, he was charged with killing his father. Then, in 2009, a Winnebago County trial jury convicted him of first degree  intentional homicide, and he was given a life sentence which he began to serve in Waupun Correctional Institution when he turned 17.

Reid continues to contend that the death of his father was not intentional but an accident and that  Reid was defending himself from his alcoholic, abusive father, who was wielding a knife and making threatening gestures. Reid claims he choked his father with the intention that his father would pass out, not die.

But Reid also admits he did some things after his father’s death that he shouldn’t have, such as placing the body in the trunk of his father’s car instead of reporting the death immediately to the police.

 At 16, Reid said, he was a very immature young person, often in trouble, using drugs, not attending school, and stealing, making many poor decisions.

“At that age, you think you’re an adult; you think you know everything,” he said. “Those things adults tell you to do, some certain things, and you think you know better. And I was guilty of all the same types of thoughts like that, of just thinking that I really knew what was best for my life.”

When Reid was arrested in October of his junior year of high school, he had not attended very many days of class, a trend of skipping school he had started as a sophomore.

“And I just thought I didn’t have to prove anything to anybody, like, I know this stuff,” he said. “Why do I have to prove to a teacher that I know? Just an ignorant way of thinking and really low maturity level compared to how I am now. I look back, and I just kind of shake my head a lot of the time. There’s just a lot of the stuff that I did, and on top of it, I was doing drugs and drinking. At the time, I was already binge drinking. I started drinking really bad when I was 15, and it really picked up even more when I was 16, because my grandmother passed, and I used it as basically a reason to implode. And so the combination of being immature and the drugs and drinking, I was making a lot of really poor decisions.”

At Waupun, Reid could have been a prison statistic with an attitude and gotten into drugs and gangs and trouble, but instead he decided to take a different path by learning to weld and machining and later to crochet and donate items to charities. He was transferred to New Lisbon, where he continued to work as a welder and machinist, and then five years ago, he began training dogs that assist the blind.

Zachary Reid and service dog
Zachary Reid with one of the service dogs he trained while incarcerated. | Photo courtesy Zachary Reid

“We do basically high-level obedience training, preparing the dogs to be able to go to harness school, where they learn the actual skills of working with a blind person or visually impaired person, to basically give them back their life, to be able to get them out of their house and be able not to be stuck there,” he said.

In prison, Reid said, he’s applied himself to learn new skills and gain an education.

“I have valuable skills that Wisconsin needs right now, you know, like welding and fabricating is a really in-demand training, even the machining,” he said. “Like I can run a mill, a lathe, you know, that type of stuff. I’ve gotten two vocational certificates since I’ve been here. I got an electromechanical service technician certificate. It’s also part of a pre-apprenticeship program through the Department of Workforce Development. I’m actually a certified professional dog trainer, like I got that through Chippewa Valley Technical College. I just finished my associate’s degree earlier this year, so I have an Associate of Science through Milwaukee Area Technical College.”

Reid also intends to pursue a bachelor’s degree from Marquette University in peace studies.

“I contribute to society right now in the environment I’m in, so I have no doubt that I can contribute in a meaningful way out there,” said Reid.

Since he has been in prison, Reid claims he has only received two conduct reports or complaints, one in 2010, his first year in prison, and another in 2016 for a tattoo.

Not many 33-year-old men have to wake up every day and live with the consequences of an action they took as a 16-year-old.

“Most of the time I try to just, kind of like, live in the right now,” he said. “I know it’s kind of like, you hear that phrase a lot, like live in the now type of stuff. I try to do that to the best of my ability as a coping mechanism, because, dwelling, obviously, on what happened and everything like that, like it was my dad, you know, so to me, I think it’s even a little bit more burdensome than for most of these people in that, I mean, my intent wasn’t to kill him. I was trying to just get him to stop attacking me in the situation we were in, and he passed away. So it’s like it’s not only just the guilt of taking a life, but it’s like I was so drug-addled or whatever it was, but it’s like I failed in that moment, like that was my failure.”

In-prison testimonies

At a future hearing to have his sentence adjusted, Reid would likely hear from others who would offer endorsements.

Patricia Muraczewski provided the dog training for the residents in New Lisbon and worked with Reid for two years. She was impressed by his work ethic and character and believes Reid should be considered for an early release.

“He was a member of the Paw Forward team of inmates who train dogs for the visually impaired,” she said.  “Mr. Reid was extremely diligent in class attendance and was very serious in acquiring and understanding the methods needed to train each dog that he was partnered with.  He had a very relaxed demeanor and got along with all of the other teams.  Even though there were frustrations at times with new instructors and conflicting material, he never expressed any anger.”

She added, “Over the course of my time in New Lisbon, never was Mr. Reid disrespectful and he never broke any rules or overstepped his position.” 

“Of all of the inmates I had worked with during that time, in my opinion, he was the inmate most likely to be successful when released and least likely to reoffend,” she said, adding,“During the four years this program has been in existence at New Lisbon none of the men that have been released have reoffended.” 

Brandon Horak knew Reid as a fellow resident at Waupun and later at New Lisbon. Horak had been sentenced to 10 years of incarceration for felony murder in the commission of an armed robbery after he set up a drug dealer for a robbery that resulted in the murder of the dealer.

“I wasn’t in a good state of mind,” he said when he first entered Waupun and met Reid.  “I had just been sentenced to 10 years in prison, so I met him in Waupun and he ended up encouraging me to get a job, so we worked in the laundry room together for a year and a half or two years. He encouraged me to get into school, and I didn’t want to do any of this stuff, so he was a really big influence on my life.”

Waupun prison
The Waupun Correctional Institution, the oldest prison in Wisconsin built in the 1850s, sits in the middle of a residential neighborhood (Photo | Wisconsin Examiner)

Both Reid and Horak left Waupun and then later met up again in New Lisbon, where Reid had begun training dogs, and Horak said he noticed that Reid had lost a defensive, protective shield that many residents carry in amaximum security prisons like Waupun.

“I asked him why he didn’t care if someone stole something from him, which is obviously a big no-no in prison, and he said the dog program had changed his life and he had something to live for,” said Horak.

Even though Horak wasn’t officially in the dog program, Reid taught Horak what he had learned, and after he left prison, Horak set up his own dog training business based on Reid’s mentoring, a business called EDU Training.

“We train dogs in people’s homes, and to be honest, it was all thanks to Zach,” he said.

Out of prison, Horak often reaches back to Reid and his cellmate for advice on working with client pets.

“I’ve never been back to jail,” Horak said “I have a full-time job. I own a business. I do all this stuff, and I honestly do not believe I would have been able to do it without his (Reid’s) help. I just talked to him last week and he always tells me, ‘You better be doing good out there.’”

In prison, Horak said, he saw many people released and then come right back. Because of that, he doesn’t automatically believe everyone deserves leniency. Still, he says, Reid isn’t one of those who should be in prison and he believes he could do more good on the outside.

Engaged to be married 

Reid and his fiancée Samantha, got to know each other as pen pals in 2013, and that developed into a relationship in 2018. In 2019, they became engaged. In 2024, she moved from Florida to Wisconsin to be closer to Reid.

“The only reason we’re not married right now is that we’re hoping to get him out one day,” said Samantha, “so we can have just a normal marriage out here, versus having a marriage done or a wedding ceremony done inside the prison.”

Samantha said she has been communicating with Reid since they were both in their early 20s, and she’s seen him mature over the years.

“But just even in the last maybe five years, it’s just blown up like he has just matured and wants to do so much good,” she said. “ … He loves that he can actually make a difference, and he’s done other charity programs that even the prison doesn’t offer. He crochets hearts for suicide prevention.”

She said it recently occurred to her how much Reid is trying to do good for others and also maintain a relationship with her from prison.

“That is work, too, to just step up and almost religiously call somebody regularly, and never let me down, and to take care of me with all this distance,” she said.

If the legislation is passed, Samantha says that Reid would be the “poster child for this bill.”

“It’s like he went out of his way to get welding experience,” she said. “He went out of his way to do charity work. He went out of his way to do all these wonderful things over the years. And I mean, just since I’ve known him, he’s grown and matured. He’s checking off every box he can possibly check off, and could prove that over the course of 17 years, like he is not that person [that he was at 16], and look at all these good things he is doing and all the things he could contribute to society, and right now we’re just warehousing him. We’re wasting all these taxpayer dollars housing somebody that is very clearly not a threat.”

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Bill to allow police to down drones spurs questions from lawmakers

4 December 2025 at 11:00
A drone watching a protest. (Photo by Isiah Holmes/Wisconsin Examiner)

A drone watching a protest. (Photo by Isiah Holmes/Wisconsin Examiner)

The Wisconsin Examiner’s Criminal Justice Reporting Project shines a light on incarceration, law enforcement and criminal justice issues with support from the Public Welfare Foundation.

“It is a unique bill that has a lot of emotion and nuances to it,” said Rep. Chuck Wichgers (R-Muskego), describing a bill to give local law enforcement the power to disable or destroy drones. Speaking to the Assembly Committee on Criminal Justice and Public Safety on Wednesday, Wichgers said that the bill would give “the bare minimum protection” for both the public and police as global drone technology continues to rapidly evolve.

Although current state law prohibits the use of weaponized drones, the devices are not actually defined in statute. Wichgers’ bill would define a weaponized drone as one which “is equipped with a taster, firearm, flamethrower, chemical, or explosive device.” 

Wichgers cautioned that “we can easily complicate this bill,” especially given the growth of drone technology around the world. Over the last two decades, drones have gone from being scarcely heard of outside military settings to becoming household objects. The U.S. military’s infamous Reaper and Predator drones, some of which are the size of small planes, have long been used in combat for reconnaissance and lethal strikes. Today, however, the same small and cheap quad-copter drones used by photographers, landscapers and children are being outfitted with explosives for kamikaze-style attacks on armored vehicles on Russian and Ukrainian battlefields, where an estimated 70-80% of casualties are caused by drones.

“It’s beyond fascinating,” Wichgers  said of “this is a big and global issue.” Wichgers told committee members that “we need to start getting language in statute,” since only certain federal agencies currently have the authority to down weaponized drones. “This bill allows Wisconsin law enforcement to mitigate a threat posed by a weaponized drone by detecting, tracking and identifying the drone and then intercepting, disabling, or in a worst case scenario, destroying the drone.” 

In order to protect public safety,  Wichgers said  that “these powers should be extended to local law enforcement.” He added that the federal government provides grants to help mitigate drone threats, as well as $500 million set aside for fiscal year 2026-27, as part of the Trump administration’s “One Big Beautiful Bill Act.” “The difficulty is that law enforcement should not have to waiver if there is an immediate threat for a drone that is weaponized or carrying a load that is harmful to the public,” said Wichgers. “Our airspace needs to be safe, just like we’re safe on our roads.” 

A quickly moving goalpost 

The bill was requested by the Police Chief Association of Waukesha County, Wichgers said. “State law must be enacted that is responsive to current and future needs as best as we can determine them in order to prevent harm and protect our communities,” he added. 

Committee members chimed in with a variety of questions. Rep. Shae Sortwell (R-Two Rivers) joked about farmers using weaponized drones to eliminate sandhill cranes consuming crops. Wichgers brought up  his own examples, including nervous neighbors calling the police to check out roofers who might be using drones for survey work, or a drone being used at a concert to drop fentanyl on people who then overdose in the crowd. “Right now the police would say, ‘Sorry, the Wisconsin Legislature is dragging their feet on passing a law that gives me permission to disarm that drone that’s a threat, we’ll have to wait till next session,” said Wichgers. 

Dan Thompson, chief of the Waukesha Police Department, told the committee,  that “drones carry contraband, surveillance equipment or worse, weaponized payloads” and that the technology can “present a unique danger that demands an immediate intervention.” 

The chief’s comments prompted Rep. David Steffen (R-Howard) to seek clarification that under the proposed bill a drone does not, in fact, need to be weaponized, and that law enforcement only need to “reasonably suspect” that it could pose a public safety threat in order to shoot it down. Sortwell said that the bill’s language seemed broad. 

Sortwell questioned whether as the bill is written, shooting down a drone could be justified at any time. Legislative counsel said, “I don’t know that I can really answer that.” Sortwell shot back, “The fact that you can’t say ‘no’ is troubling.”

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Prison study calls for changes to solitary confinement, health care

20 November 2025 at 11:00
Waupun prison

The Waupun Correctional Institution, the oldest prison in Wisconsin built in the 1850s, sits in the middle of a residential neighborhood (Photo | Wisconsin Examiner)

Under scrutiny over prison deaths and living conditions, the Wisconsin Department of Corrections has received recommendations that aim to improve life in adult prisons, including solitary confinement, suicide watch, mental health care and basic corrections practices. 

The Wisconsin Examiner’s Criminal Justice Reporting Project shines a light on incarceration, law enforcement and criminal justice issues with support from the Public Welfare Foundation.

The study was conducted by Falcon Correctional and Community Services Inc. experts partnering with the Wisconsin Department of Corrections (DOC). The department said it is planning to contract with the consulting firm to create a framework to implement recommendations. 

“While the report affirms that DOC is moving in the right direction, it also shows that there is more work to be done,” Corrections Secretary Jared Hoy said in the department’s press release

In a statement, the advocacy group Ex-Incarcerated People Organizing (EXPO) said the report “confirms what directly impacted people and advocates have said for years: Wisconsin’s prisons are dangerously overcrowded, under-resourced and in desperate need of healing-centered reform.”

Many of the suggested changes will affect the entire correctional system, the agency said. Consultants and staff will work to “reimagine existing space, create new processes and training at five pilot sites.” 

In a letter dated July 9, 2024, Hoy told a state Assembly committee that the department planned on bringing on Falcon for an outside review. News of criminal charges against staff at Waupun Correctional Institution over prisoner deaths had broken just weeks before Hoy wrote the letter. The same day, the committee heard testimony about the toll of solitary confinement and other issues in the prison system. 

The department and Falcon signed a contract in November 2024, and the Examiner reported in January on details of the partnership obtained through public records requests. Criminal justice reform advocates expressed hope the report would be beneficial but have called for independent oversight of the Department of Corrections. Last week, the department published the 137-page final report, which lists strengths for the department to build on as well as recommendations for improvement.  

The report states that while all recommendations are made based on Falcon’s overall review of the adult prison system, “we understand that the majority of recommendations will require funding, often requiring budget approval.”

Susan Franzen of the prison reform advocacy group Ladies of SCI expressed concern about whether overcrowding and staffing shortages will affect DOC’s ability to effectively carry out recommendations. 

“Legislators need to help the DOC out by giving them a fighting chance to make these changes,” Franzen wrote in an email to the Wisconsin Examiner. 

The report states that the study involved working with DOC officials, gathering data, reviewing policies, statutes and prior studies and conducting virtual workshops with DOC experts and others, including formerly incarcerated people and advocates. 

It also included visits to 15 facilities, such as the Waupun and Green Bay prisons, and interviews with staff and incarcerated people.

Suicide watch

Preventing suicide is a pressing concern, the report states in a section that summarized information from mental health-related discussions with staff during mental health workshops and site visits.

One concern is that observation cells are typically in restrictive housing units; in addition, “individuals on observation status are not allowed therapeutic items, visits, phone calls, or recreation,” the report states.  

People who pose threats to themselves, or who pose threats to others because of mental illness, may be put on observation.

The report recommends housing people in observation in “more appropriate environments that support therapeutic care and patient safety.” 

Over the last 15 years, 59 people died by suicide in Wisconsin prisons, an average of four deaths per year. Suicide watch placements reportedly rose from 1,200 to 1,500 per year to about 2,500 in 2024. In June, the Examiner reported on Victor Garcia, who died due to an attempt to hang himself while he was on observation in a Wisconsin prison.

Psychological services staff decide what items a person can have access to while they’re on clinical observation. Department policy provides a list to use as a starting point, including items like soap, toilet paper and suicide-resistant clothing. 

The report described the list as “very limiting,” and the security mat or mattress was observed to be inadequate for most people on suicide precautions. Later on in the report, it suggests replacing small sleeping mats with suicide-resistant mattresses.

Solitary confinement

The Falcon report includes priorities and steps to take on “restrictive housing” in state prisons, where incarcerated people experience “very limited” out-of-cell programming and recreation time, such as:

  • Giving people in restrictive housing at least two hours of recreation and/or programming each day, not including out-of-cell time for necessary activities, such as showers 
  • Reviewing the status, programming and needs of people in restrictive housing every week instead of every 30 days 
  • Improving cleanliness and removing all graffiti 
  • Establishing units that are alternatives to restricted housing for people with serious mental illnesses

Incarcerated people in Wisconsin prisons can be put in restrictive housing as a punishment for a violation or when having the person live with the general population would create a serious threat. 

An average stay in disciplinary separation — a punishment for committing a violation — decreased from 39.7 days in January 2019 to 27.4 days in April 2025, the report notes. However, this varies by facility, and the latest average published online for Green Bay Correctional Institution is 48.7 days. 

The department has begun to address the number of people in restrictive housing and how long they spend there, the report states. However, the number of people placed in restrictive housing has not changed significantly over the last five years.

“High rates of substance use and mental illness among individuals placed in restrictive housing was noted, often contributing to a ‘revolving door’ for this population,” the report stated in the section about mental health insights from staff. 

Solitary confinement has potential effects of physical harm, health issues and negative effects on mental health, the report notes.

Solitary confinement is also associated with increased risk of violence towards oneself and suicide, and research shows that solitary confinement as a tool does not reduce institutional misconduct or violence or the risk of recidivism, the report states. 

There were 950 people in restrictive housing as of September, 863 of whom were placed there due to a rule violation, according to online Department of Corrections data

Under a policy that went into effect last May, a placement of over 120 days has to be approved by the assistant administrator for the division of adult institutions, the report noted. 

An overcrowded system

All medium and maximum-security facilities in Wisconsin except for Waupun Correctional Institution are over capacity, as of January, the report states. Facilities for men were at 130% of capacity, while women’s prisons were at 166% of capacity. People are living at security levels that don’t fit their classification — for example, a person sentenced to medium-security being held in maximum security, or a person sentenced to minimum-security being held in medium security. 

The state building commission took an initial step toward updating the aging and overcrowded prison system last month, when it agreed to create plans for a revamp. 

Inconsistency in the department 

Leaders and staff at the facility level of the agency felt a lack of autonomy in their day-to-day jobs, the report found. They believe there is “significant and often excessive and unnecessary scrutiny from outside entities.” 

But the study also found a problem with “a general lack of uniformity across facilities,” which is creating challenges relating to monitoring, oversight and accountability. It recommends “system-wide alignment” on areas including basic security practices, incident reporting and investigation processes.

The report recommends that the agency take an approach that involves both oversight and collaboration. The goal would be to carry out the strategy of DOC leadership with both efforts from leadership and “input and innovation” from frontline staff, stakeholders and incarcerated people. 

A central part of a section called “Back-to-Basics in Correctional Practices” recommends a three to five-day training for all staff about basic corrections practices, such as searches, use of force and out-of-cell time for people in restrictive housing. 

The department “has experienced a great deal of staffing changes, with a significant number of the current staff hired during or after the COVID19 pandemic,” the report found.

Strained mental health care

Mental health services were described as strained, according to the section of the report about mental health-related discussions with staff.

That section of the report suggests that an “unsustainable” number of people have been assigned to receive mental health care at least once every six months, and that this interferes with treatment for people who need more intensive care. 

Nearly half of all incarcerated people in adult prisons had been classified as needing mental health care as of May 20. It’s a much higher rate than other state correctional departments see, the report states. 

Department data shows the agency isn’t fully staffed in psychological services, with a vacancy rate of 19.7%. 

About nine in ten incarcerated women were on the mental health caseload. The report also noted that the population of maximum security facilities has a higher percentage of incarcerated people with mental health needs than medium or minimum security facilities.

Other recommendations in the report address medical practices, investigations and intelligence practices, data management and human resources and staffing.

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