The Waupun Correctional Institution, the oldest prison in Wisconsin built in the 1850s, sits in the middle of a residential neighborhood (Photo/Wisconsin Examiner)
Advocates for people incarcerated in Wisconsin prisons gave input for a planned update of the state prison code in a virtual hearing Monday afternoon.
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 hearing gave members of the public a chance to comment on the statement of scope for the upcoming review, which broadly outlines the Wisconsin Department of Corrections plans to update rules regarding resources available in state prisons.
The advocacy group Ex-Incarcerated People Organizing (EXPO) said in a Facebook post on Sunday that the policies in Chapter 309 of Wisconsin’s administrative code “directly shape daily life for incarcerated people,” including food, visits, hygiene and religious practices.
“Whether you’ve been incarcerated, have a loved one inside, or simply believe in dignity and fairness your voice belongs here,” the group said.
Questions at the hearing included whether the department would be speaking with incarcerated people about the upcoming rule update; a DOC employee said there are no specific plans at this point.
The last time the section of the state’s prison code relating to resources for people in prison was significantly revised was more than a decade ago, with the revision completed in 2013, according to the scope statement. The agency would update the entire section to reflect changes in the law and changes in DOC operations and practices. The scope statement cites a 2018 law as an example of a change that needs to be addressed.
The alternative to the update is to keep “outdated policies which do not adequately reflect the current state of the law and a rule which needs clarification and reform,” the scope statement said. The updates, it added, will likely not have an economic impact on the agency.
Susan Franzen of the advocacy group Ladies of SCI brought up a section of the code regarding leisure time for incarcerated people. It states that the DOC “shall provide as much leisure time activity as possible for inmates, consistent with available resources and scheduled programs and work.” Incarcerated people are to be allowed to participate in leisure time activities for at least four hours per week, and institutions that have the facilities to allow more “should do so.”
The code states that leisure time activity is “free time outside the cell or room during which the inmate may be involved in activities such as recreational reading, sports, film and television viewing, and handicrafts.”
Franzen asked whether there is monitoring to make sure incarcerated people are getting as much time as they can outside or in a dayroom. She said she’s heard some facilities structure meals and standard counts in a way that leads to people spending up to an hour in their cells after a meal, and asked if there is a way to improve efficiency and allow people to spend more time outside of their cells.
Another section of the code mentioned by Franzen says that a warden will allow an incarcerated person to have 12 adult visitors on the visiting list. A warden can approve more than 12 visitors on the list if the first 12 are close family members.
A DOC visitation policy for adult prisons that was updated earlier this year generally allows for this to occur. It also says that any additions or deletions for an individual visitor on the list are allowed once every six months. Franzen questioned why incarcerated people can’t be allowed more visitors on the list.
Since the last revision, the state has seen court decisions addressing correctional issues including religious practices, mail and personal property, which the proposed rule will take into consideration, the scope statement says. The agency would also make clarifications to the rules and cut outdated parts when necessary.
The chapter addresses resources for incarcerated people in state prisons, including mail, news media, publications, visitation, special events, access to the courts, personal property, food, personal hygiene, leisure time activities, telephone calls, clothing, canteen, inmate account funds, inmate compensation and religious practice, the scope statement says.
According to the Department of Corrections, members of the public who weighed in must also submit their comments in writing, and written comments submitted by May 1 will receive the same consideration as comments made during the hearing.
Caitlin Washburn, administrative rules coordinator for the DOC, said there will be opportunity for additional feedback once the proposed rule and changes have been drafted. She said there will be at least one additional public hearing and a public comment period during which people can submit written comments.
The Wisconsin State Legislature’s website allows interested people to receive personalized e-mail notifications, including administrative rules notices.
A Wisconsin Policy Forum report compiles data and trends about Wisconsin's criminal justice systems, including courts, law enforcement and corrections. (Getty Images)
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.
Wisconsin spends less on law enforcement and on its judicial and legal systems than the majority of states, but it’s in the top 12 for spending on its prison and corrections system, according to a new report published Tuesday.
The report, from the Wisconsin Policy Forum, investigates how the state is faring on issues like crime, racial disparities and its prison system. The 104-page report, titled “Cross Examination: A comprehensive review of Wisconsin’s criminal justice system,” tracks topics including state spending on criminal justice, crime rates over decades and a changing prison population.
State incarceration rate draws closer to national
Graphic produced by the Wisconsin Policy Forum. Republished by permission.
As of Dec. 31, 2022, for every 100,000 Wisconsin residents, 311 of them were imprisoned in state or federal correctional facilities, the report says.
Although this was below the national rate of 355 people per 100,000, the difference between the state and the nation was “considerably wider” a decade earlier, the report says.
Wisconsin ranked 23rd among other states. Indiana and Michigan had higher incarceration rates, while Iowa, Illinois and Minnesota had “considerably lower” rates.
The rate of violent crime has risen in Wisconsin over time despite a decline nationwide, the report finds. Wisconsin’s rate of violent crime remains lower than the national rate. The state has followed a national trend of steadily declining property crime.
Criminal justice spending
In 2022, Wisconsin spent less than the national average on state and local law enforcement, ranking 32nd in the country, the report finds. Judicial and legal spending was also below average, at 35th.
The report says that over the last 15 years, the population of county jails in Wisconsin has declined considerably. The jail population was roughly 20% lower in the average month in 2023 compared to 2003.
Graphic produced by the Wisconsin Policy Forum. Republished by permission.
However, Wisconsin’s corrections spending, which includes the prison system and monitoring people on community supervision,was above the national average and ranked 12th in the country, greater than all other Midwest states except Nebraska.
Per capita, Wisconsin spends about the same as the national average on its criminal justice system, the report finds.
Costs related to corrections are likely to go up from wage bumps for prison staff that the Legislature and Gov. Tony Evers approved to counteract persistent understaffing, and from growing medical costs of an aging prison population, the report says.
The aging prison population “likely means” increasing health care needs among prisoners, and may lead to changes in the Department of Corrections budget, the report suggests.
While people 60 or older are a minority of people arrested or incarcerated in Wisconsin, the number in that age group who have been arrested and have faced court cases “have grown considerably,” the report says. The incarceration rate for adults over 60 in Wisconsin has doubled since 2010.
The report says that the prison population is getting older both because incarcerated people are aging while in the system and because more older adults are being admitted into the system.
Graphic produced by the Wisconsin Policy Forum. Republished by permission.
Growth in violent crime, operating a vehicle while intoxicated and other public order offenses are among the factors that have driven these trends, the report says. The long-term impact of the truth-in-sentencing law and people serving extremely long sentences may also be a factor.
Racial disparities
The Wisconsin Policy Forum called racial disparities a “clear and persistent trend across Wisconsin’s
justice system,” with a disproportionate number of Black Wisconsinites among crime victims, among people arrested and among people who are incarcerated or on supervision in the community.
Wisconsin has the second-largest disparity of any state between Black and white incarceration rates, the report finds. High rates of poverty in the city of Milwaukee worsen these trends.
The number of Black people incarcerated in Wisconsin has decreased to 8,965 in 2023 from 9,489 in 2000, according to the report, while the number of incarcerated white adults increased to 11,627 from 9,983 in the same period, according to the report. Despite that shift, “Black residents were highly overrepresented in Wisconsin’s prisons in 2023,” the report states.
Overcrowded, understaffed prisons
The state adult prison populationfell in 2020 due to the COVID-19 pandemic, but it has since risen closer to pre-pandemic levels, the report states. Many criminal cases delayed during the height of the pandemic have finally been processed, leading to an increase in people being sentenced for crimes — a major factor behind recent increases in incarceration in Wisconsin, according to the report.
The average number of youth in state prisons has plummeted to 77 in 2024. County governments run 12 centers in Wisconsin for youth sentenced to secure detention for lower-level offenses. Generally, the reported number of youth housed at these facilities has remained lower since 2010 than in the preceding decade, “when their numbers often exceeded 300,” the report says.
In its conclusion, the report says that Wisconsin’s correctional system comes with “significant financial and human costs.” For example, “overcrowding, understaffing and aging infrastructure of prisons such as Green Bay and Waupun Correctional Institutions has also led to several deaths and prolonged lockdowns in recent years.”
The report says the Department of Corrections has made progress on the issues of staff turnover and vacancies.
The department’s adult facilities have an overall vacancy rate of 14.8% for correctional officers and sergeants, according to the latest data on the department’s website. However, the percentage of vacancies varies by facility; for example, at Green Bay Correctional Institution, this vacancy rate is much higher, at 42.1%.
The report says that the question of whether and when to close prisons at Green Bay and Waupun has not been settled, and that Evers’ proposed plan to make changes to the prison system was almost entirely removed from the 2025-2027 state budget.
But even if the governor’s entire proposal had been approved, “the problems of a large, increasingly expensive and increasingly elderly prison population would remain,” the report says.
The Public Welfare Foundation, which commissioned the Wisconsin Policy Forum study, provides funding for the Examiner’s Criminal Justice Reporting Project.
Advocates are frustrated that Wisconsin prisons have not created a program to allow mothers behind bars to keep their babies with them despite a court order. The Department of Corrections says it is making progress by housing women and babies together in the community. (Photo by Getty Images)
The Wisconsin Department of Corrections is making progress on creating a program allowing incarcerated mothers who meet certain requirements to keep physical custody of their babies, the agency argued in court filings in early April.
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.
Over a year ago, Judge Stephen Ehlke required the Department of Corrections to begin considering women in state prisons for mother-young child programming without delay.
Lawyers for two formerly incarcerated women argued in February that there had been no meaningful progress in the 11 months since the judge ordered the department to establish the program. They argued that the court should impose sanctions, including a daily fine.
The department said it wants to have a program that would allow incarcerated women to live with their babies within prison walls, but that it is “currently impossible” to set up such a program in the existing prison system. The DOC cited a lack of sufficient funding from the state Legislature and overcrowding in women’s prisons.
In its court filings, the agency argued that it has complied with the order by pursuing a program that would involve housing incarcerated women in the community but with some of the same restrictions they would face in prison.
Lawyers for the women from the American Civil Liberties Union of Wisconsin and Quarles & Brady LLP haven’t filed a reply to the DOC yet. In an interview with the Examiner on April 10, Wisconsin ACLU Legal Director Ryan Cox said the DOC hasn’t complied with the court order.
The ACLU’s position is that the department intends to “hide behind the Legislature,” Cox said.
He said the court can fix the problem by fining the government “until it’s clear to the Legislature that they will be spending more money in sanctions than it would cost to just pass a bill to fix the problem overall.”
Cox said that the agency has said the criteria for its potential program is too restrictive for any person in DOC custody to currently qualify.
In its filings, DOC said it is aware of one woman who is likely to become eligible in May of this year, and that additional women could become eligible in the future.
In 2025, 14 mothers gave birth while in the custody of the Wisconsin Women’s Correctional System, DOC communications director Beth Hardtke said in an email to the Examiner.
The case hinges on a 1991law that requires the department to create a mother-young child care program that allows women in the correctional system to keep physical custody of their children while they participate. A woman may enter the program if the department approves and she is either pregnant or has a child less than 1 year old.
Nine states have prison nursery programs, and others are considering or developing a program, Stateline reported in January.
Last year, Ehlke agreed with the plaintiffs that incarcerated women had to be considered. He rejected the Department of Corrections’ argument that the agency’s existing program for mothers on probation, parole or extended supervision was enough to satisfy the law.
Plaintiffs Alyssa Puphal and Natasha Curtin-Weber were incarcerated women who wanted to participate, according to the initial complaint filed in June 2024. Both women have since been released from prison.
DOC pursuing ‘creative solution’
No DOC prisons can support housing infants, and the agency’s budget doesn’t have extra money to build a new facility for the program, the DOC argued.
The agency said it likely could have created a “more robust” mother-young child program for prisoners if it had the necessary funding, and should not be held in contempt because any shortcoming on its part was not intentional.
The DOC said it “would have been in no one’s best interest for Corrections to have simply started housing infants in prisons that were not equipped to safely house them.”
The department said it is actively working with Meta House, a nonprofit that helps women recover from addiction. Meta House is one of the facilities that currently houses the DOC’s mother-young child program for women on correctional supervision in the community, the DOC said, and the department is working with Meta House to enable it to house eligible incarcerated people.
In April 3 court filings, Daniel Cromwell, an assistant administrator for adult prisons for the DOC, said that a draft policy regarding the program is expected to become final and effective within a few weeks. After the policy is final, the final contract with Meta House will go through a DOC process for approval and signature, according to the department.
ACLU: Too many women left out
While Cox thinks women should have to meet some requirements to participate, he thinks the agency’s criteria are too restrictive.
In its court filings, the department said that its plan with Meta House also relies on another state law: Wisconsin statute 301.046. An incarcerated woman would have to meet the criteria for that law and the mother-child law to participate.
The law allows prisoners who meet certain requirements to be confined where they live or in other places in the community assigned by the department, the DOC said.
The law requires the department to keep track of these incarcerated people by electronic monitoring or keeping them in supervised places. Laws that apply to incarcerated people in other correctional institutions still apply to them. The DOC can allow them to leave confinement for activities like employment and education, but it’s unclear whether the agency will permit this.
The DOC said that women placed in the community under this statute are legally considered “prisoners,” and that in this way, the department would meet its responsibility to provide a mother-child program to prisoners.
Cox said that “we’re still trying to understand”the specifics of the criteria for the community confinement law that the DOC laid out in its court filings, but he contends that it is overly restrictive and doesn’t obey the court order.
If the program was in one of its women’s prisons or a new facility built for that purpose, the agency might not have included this criteria. However, the department argued that it doesn’t have the resources needed for that.
Cox also said that the department is trying to confuse the question of who is currently a prisoner, and that the goal of the women’s lawsuit and the court’s order is to provide a program to women who are currently incarcerated.
A drafted DOC policyincludes a list of requirements incarcerated women would need to meet.Women convicted of offenses such as homicide or a crime against a child, or who are not classified as minimum custody or minimum community custody, would not qualify.
Other requirements involve each woman’s behavior while in prison and jail and whether she has actively engaged in parenting classes. Child welfare must have approved or coordinated a safe reunification between the mother and the child, and the woman must have a stable housing and child care plan in place, among other requirements.
Juli Bliefnick of FREE, an advocacy group focused on the justice system’s impact on women, expressed concern about what criteria the DOC will require women to meet. She said that historically, the department’s discretion limits access to programs, rather than expanding access.
“And the human cost of excluding mothers and babies from this opportunity to form those critical bonds cannot be understated,” Bliefnick said in a message to the Examiner.
Request for sanctions
Lawyers for the women requested sanctions, including a daily fine that would accumulate over time. They asked for the money from the fine to be set aside for the mother-child program.
The DOC argued that it isn’t in contempt of the court order, that Wisconsin law does not allow for money from such a fine to be set aside for that purpose and that the plaintiffs haven’t provided necessary evidence for the court to hold a hearing on contempt.
DOC’s lack of funding
Wisconsin’s budget includes $198,000 per year for the mother-child program. That’s not enough to construct a new building, and the DOC budget lacks money that could be used to do so, the agency argued.
According to the DOC, the state Legislature has not provided additional funding despite proposals in the 2025-2027 budget process.
Joint Finance Committee co-chairs Rep. Mark Born (R-Beaver Dam) and Sen. Howard Marklein (R-Spring Green), as well as several of the other Republican members of the committee, did not respond to requests for comment from the Examiner.
The DOC said it’s still seeking legislative support for more money but has no “imminent” way to get the money needed to construct a new building to house a mother-child program.
According to the department’s filings, the $198,000 per year is used by its Maternal and Infant Program, the department’s program for women on supervision. In addition, the department traditionally spends another $400,000 to $500,000 per year on that program.
The Maternal and Infant Program reportedly offers ten single-occupancy rooms available for women on supervision to live with their babies. The department said it contracts with ARC Community Services, Inc. to administer the program.
Women take part in the program for approximately six months at a time, the department said. In 2024, about 25 women were referred for the program, with 11 admitted and six successfully completing the program.
‘A critical step’
The advocacy group FREE said it is working with partners like the Ostara Initiative to develop community-based alternatives that meet the requirements of statute while advancing their goal of ending the immediate separation of newborns and incarcerated mothers.
“This is a critical step toward eliminating jail and prison births in our state, and we invite community members to join us in this work,” FREE said.
A member of the PAWS program at Stanley Correctional Institution (Photo courtesy Wisconsin Department of Corrections)
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.
Elliott Landrum, 46, has spent decades of his life in the Wisconsin prison system. He told the Examiner that he was a handler for Louann, a puppy who went on to graduate and become a hearing assist dog.
“We can still make something out of our lives, and still do something to help someone else, and I think that’s the biggest part about the PAWS program,” Landrum said, referring to Wisconsin’s Prisoners Assisting With Service Dogs (PAWS) program.
Can Do Canines matches service dogs with clients to help with mobility issues, hearing loss, seizures, autism or type one diabetes, executive director Jeff Johnson told the Examiner last month. He said that the organization partners with five Minnesota prisons and four Wisconsin prisons.
“I also frequently hear from inmates that this is — I don’t know if redemption is the right word, but this is a way to give back that they haven’t really had before in their lives,” Johnson said. “They also get the unconditional love of a dog, and some of them haven’t had unconditional love from anything or anyone before this.”
Last month, Can Do Canines published an article about a woman named Colleen and her hearing assist dog Louann, who were matched together last year.
Colleen said that Louann loves people, the article states, and while Louann is trained to alert Colleen to a wide variety of sounds, her favorite alert is probably the doorbell. The article lists Jackson Correctional Institution, where Landrum participated in the dog training program, among those who made the partnership possible.
Colleen and Louann (Photo courtesy Can Do Canines)
“I’m grateful having her,” Colleen said, according to the article. “Besides having her helping me, she keeps me busy.”
Of the four prisons in Wisconsin that partner with Can Do Canines, Fox Lake, Stanley and Jackson Correctional Institutions are medium-security prisons, while Chippewa Valley Correctional Treatment Facility is minimum-security. Earlier this year, Stanley Correctional reached a milestone: a decade of training service dogs.
“For the inmate handlers, it teaches them people skills,” Johnson said. “They’re dealing with dogs — like patience and positive reinforcement and persistence and teamwork, ‘cause they have to work together as a team. And for many of these guys, those aren’t personal strengths of theirs going in.”
Johnson said there is essentially a separate part of each prison for the dog program and handlers. Each dog has two incarcerated handlers, who live together in a cell with the dog.
Lindy Luopa, puppy program manager at Can Do Canines, said over email that dogs are typically raised in a prison program for approximately eight months. At around the three and six-month marks in the prison program, they go out for two-week breaks in host homes, so they can hear the sights and sounds of a home environment and be exposed to a variety of public experiences.
Prison staff screen incarcerated people to decide who gets to be involved, Johnson said.
Incarcerated handlers work on all of the foundation skills of a service dog, Johnson told the Examiner, including sitting, staying, retrieving items and cleaning up items and putting them in a container.
The Wisconsin Department of Corrections stated in a 2018 press release that Can Do Canines was decreasing the cost to train service dogs by partnering with the DOC, increasing the number of dogs who could be trained and placed with people.
“We serve far more people each year because of the prison program and save money because these volunteers provide valuable training that we might otherwise have to hire more staff to provide,” Johnson told the Examiner.
Johnson said that after the dog’s prison stay, there is much more training involved to become a service dog, but the incarcerated handlers put them on that path.
(Video uploaded April 13, 2017 to Vimeo by Barbara Wiener.)
Can Do Canines didn’t have a prison program for a period of time due to the COVID pandemic, Johnson said.
“That was very difficult,” Johnson added. “You only have so many volunteers.”
William Ward, who is incarcerated at Stanley Correctional, said he participated in Stanley’s program from February 2020 to February 2025 and wants to see the dog program in more prisons. He said that while the dog program doesn’t involve a large percentage of prisoners, it provides the participants with something constructive to do at a prison where opportunities are limited.
A banner at Stanley Correctional Institution for a graduation ceremony for service dogs (Photo courtesy Wisconsin Department of Corrections)
Dogs behind bars around the state
Since 2016, nearly 300 dogs have received service dog training at Stanley Correctional, according to a Facebook post from the Wisconsin Department of Corrections last month.
For about three hours a day, handlers train the dogs on obedience and other skills with the help of Can Do Canines, the department said. More than 180 incarcerated people have volunteered in that role.
The DOC reported an overall success rate of over 71% for those dogs. The 10-year anniversary was recognized earlier this year during a celebration with Can Do Canines clients, staff, volunteers and other guests, the department said.
Chippewa Valley Correctional Treatment Facility reported that 31 puppies were successfully trained during fiscal year 2025. And in February of last year, six puppies came to Fox Lake Correctional Institution.
“We welcomed Shelby, Smudge, Skyler, Scout, Sailor and Solly to FLCI where they began their training,” Fox Lake reported.
Jackson Correctional Institution in Black River Falls reported raising 36 puppies in fiscal year 2025. In addition, the prison has worked with 50 3-year-old “finishing” dogs for a three-month program, as of Jackson’s annual report for fiscal year 2025.
Staff and incarcerated people at Jackson celebrated the graduation of their first group of Can Do Canines dogs in 2018, according to a 2018 DOC press release.
“The participating inmates feel a sense of pride in their accomplishments and are extremely grateful to others for the chance to give back,” Lizzie Tegels, the warden at Jackson at the time, said in the press release. “This program has also had a very positive effect on the climate at our institution.”
Randy Forsterling, a formerly incarcerated man, connected the Examiner with Landrum and three other men who said they are current or former participants in prison dog training programs with organizations such as Can Do Canines. One of them, Michael Lappen, was released from prison in 2023 and is currently on community supervision.
Like Landrum, Lappen said he was in the dog program at Jackson Correctional Institution. He said he was also in a dog program at Prairie du Chien Correctional Institution, and plans to volunteer with R-PAWS, a wildlife sanctuary program involving volunteer members that cares for injured and orphaned wildlife for release back into the wild.
Dogs for veterans
Can Do Canines isn’t the only group working with incarcerated people to train dogs behind bars. In 2022, WISN 12 News reported on incarcerated people volunteering with the Journey Together Service Dog program at Oshkosh Correctional Institution.
Shaun Lynch told the Examiner he was in Oshkosh Correctional’s Journey Together program from January 2017 until April 2019.
“When I got to Oshkosh in 2016 I hadn’t seen a dog in nearly 20 years,” Lynch said in a message to the Examiner over the messaging app GettingOut.
Lynch has been in the state prison system since 1998 and has a life sentence, according to online Department of Corrections records. He said that he is going to school for his associate degree in small business entrepreneurship so that he can start his own program if he ever gets out of prison.
According to Lynch, he helped start a program called Paws for Patriots at Redgranite Correctional Institution, where he has been incarcerated since 2019. He said he started in March 2022 and is still in the program.
According to its most recent available report, Redgranite Correctional partners with Patriot K9’s, an organization that aims to help veterans “win the war against suicide, depression and anxiety” through service dogs and connections to needed resources.
Patriot K9’s website says that the dog training programs provide incarcerated people with employable skills, such as social skills and problem solving, and help make the transition to life outside prison go more smoothly.
“I hope I am able to inspire others to look beyond themselves and do something to give back, whether it’s training dogs or just giving back in some way that can help make a difference in someone’s life,” Lynch said. “I also hope that it shows people that no matter what you’ve done in your life you can change for the better and make a difference in someone’s life.”
A health care worker gives pills to an incarcerated woman. Gov. Tony Evers signed a bill seeking a federal waiver to extend Medicaid coverage to people in state prisons. (Getty Images)
Under a bill signed Wednesday by Gov. Tony Evers, Wisconsin will seek health care coverage from the federal government for certain services for incarcerated people.
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.
A statement from Evers’ office said that AB 604 — now Wisconsin Act 233 — aims to improve health outcomes and reduce disruptions in care and rates of people committing new crimes.
As people with substance use disorders return to the community from jail or prison, they are especiallyvulnerable to dying from an overdose. Supporters of the new law hope it will aid them.
A federal “inmate exclusion policy” limits incarcerated people’s ability to use Medicaid, but under the new law the state will apply for a waiver, taking advantage of an exception outlined by the federal government.
The Wisconsin Department of Health Services will submit a request for a waiver to conduct a demonstration project to provide incarcerated people with health care coverage for certain services for up to 90 days before release.
The department will request coverage for case management services, medication-assisted treatment for all types of substance use disorders and a 30-day supply of prescription medications. If the waiver is approved, incarcerated people would have to be otherwise eligible for coverage under the Medical Assistance program in order to qualify.
As of Nov. 21, 19 states have approved waivers and nine states including Washington D.C. have pending waivers.
The Wisconsin Department of Health Services must submit the waiver request by Jan. 1, 2027. The department told the Examiner in November that it needed the authority that the bill would provide before it starts work on putting together the details of the waiver.
‘The care they need to live’
Rep. Shelia Stubbs (D-Madison), one of the lawmakers who introduced AB 604, said in a statement Wednesday that the bill gives incarcerated people “a greater chance of maintaining sobriety, preventing overdose, and remaining healthy after they rejoin the community.”
The criminal justice advocacy organization WISDOM was among groups that expressed support for the bill. Tom Denk, the co-president of one of WISDOM’s affiliates, said in an emailed statement that this law is very personal to him and called it “a step forward.”
Denk, who was released from prison to extended supervision in 2022, said he’s had friends in and out of facilities and had too many die because of a lack of services.
He said that “my own struggles, the trauma, and the deaths of some of my best friends are what motivated me to get involved in advocating for a better system.”
“Medications, and access to medical care, will literally save lives,” Denk said. “Too many people don’t have either, when they’ve left facilities.”
Denk also emailed the Examiner a statement signed by Bev Kelley-Miller, who wrote that she lost her 22-year-old daughter, Megan Kelley, to a preventable heroin overdose. Kelley-Miller wrote that her daughter had an ankle bracelet “but that didn’t stop her from using.”
Kelley-Miller, who expressed support for AB 604, wrote that substance use disorder is a medical condition and that using substances is not a choice once you are addicted.
“I wish Megan was still here,” Kelley-Miller wrote. “Since she’s not, I advocate for others to receive the care they need to live.”