On Friday, lawmakers in the Wisconsin Assembly voted in favor of a bill seeking Medicaid coverage for people in Wisconsin prisons and jails. Supporters hope it will help recently incarcerated people avoid addiction and overdoses. 

Rep. Shelia Stubbs (D-Madison) said her experience working for the Wisconsin Department of Corrections has given her firsthand knowledge about the impact AB 604 will have. She said it will improve access to treatment and case management and ease the financial burden on justice-involved Wisconsinites. 

The bill would give incarcerated people a greater chance of maintaining sobriety and preventing overdose after release from prison, Stubbs said. After a Minnesota study about the causes of death of recently incarcerated people, researcher Tyler Winkelman said that “substance use is clearly the main driver of death after release from both jail and prison.”

Medicaid is prohibited from paying for services provided during incarceration, barring some exceptions involving inpatient services or an eligible juvenile under 21 years old. The National Association of Counties published a toolkit critical of the “inmate exclusion policy,” arguing in part that it unfairly revokes federal health benefits from people who are being detained prior to trial and have not been found guilty.  

The bill would pursue a path offered by the federal government that allows for a partial waiver of the policy. 

The proposal directs the Department of Health Services to request a waiver to conduct a demonstration project; 19 states have approved waivers and nine states including Washington D.C. have pending waivers, as of November 21. 

A waiver would allow for prerelease health care coverage under the Medical Assistance program, which provides health services to people with limited finances, for up to 90 days before release of an eligible incarcerated person. Coverage would be provided for case management services, medication-assisted treatment for all types of substance use disorders and a 30-day supply of prescription medications. 

The bill garnered support from lawmakers from both parties and from WISDOM and EX-Incarcerated People Organizing, groups that advocate for incarcerated people. 

The Assembly’s vote to seek the coverage for incarcerated people comes on the heels of its vote to accept a federal expansion of Medicaid coverage for women for one year after they give birth. 

For the waiver, if the state seeks federal Medicaid coverage for services that are currently funded with state or local dollars, the state has to reinvest any savings in state or local funds. Savings would be invested in programs to increase access to or improve the quality of health care for incarcerated people. 

In the Department of Corrections fiscal estimate, the DOC said that in fiscal year 2025, the agency spent $500,000 on the 30-day medication supply dispensed for incarcerated people pre-release, $300,000 on pre-release medication assisted treatment medications and $3.9 million on the Opening Avenues to Reentry Success (OARS) program. The OARS program supports the transition from prison to the community of incarcerated people living with a severe and persistent mental illness who are at medium-to-high risk of reoffending. 

The agency estimated it may have over $750,000 in potential cost savings if the waiver is approved and implemented. 

Because not all incarcerated people will qualify, the estimate assumes that half of the medication supply and medication assisted treatment medications costs will be reimbursed, as well as 10% of the OARS program costs. There may be other costs DOC can have reimbursed.

AB 604 would require the Department of Health Services to submit the waiver request no later than Jan. 1, 2027. 

The bill now goes to the state Senate. Supporters of the bill include the Wisconsin Medical Society, the National Alliance on Mental Illness Wisconsin, the Medical College of Wisconsin and the Wisconsin Counties Association. 

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In the Wisconsin prison system, incarcerated mothers still lack a program that would allow physical custody of their children, a year after a court ruling affirmed that a state law requires the Department of Corrections to take steps to bring together incarcerated moms and babies. The ACLU is suing to try to force the issue.

Wisconsin statute 301.049 calls for a “mother-young child care program” allowing women to retain the physical custody of their children during participation in the program. It says a woman entering the program must either be pregnant or have a child less than a year old. 

Alyssa Puphal and Natasha Curtin-Weber are plaintiffs in the case against the Wisconsin Department of Corrections (DOC), and are represented by the American Civil Liberties Union of Wisconsin and Quarles & Brady LLP. 

While a judge sided with the plaintiffs last year, they are attempting to re-open the case, saying the DOC has not implemented the program required by law. 

“At this moment, each and every woman in DOC’s physical custody with a baby under one year old sleeps apart from her child every single night,” the Feb. 4 filing stated. 

Nine states have prison nursery programs, and a few others are considering or developing a program, Stateline reported in January. 

According to Wisconsin Public Radio, DOC communications director Beth Hardtke wrote in an email that because the Legislature turned down a budget request from Gov. Tony Evers to expand earned release to allow mothers to spend more time with their children outside of prison, the department is now being required to expand the mother-child program to include incarcerated mothers despite a lack of additional funding and of statutory changes that would allow more incarcerated women to take part.

DOC had previously argued that it was meeting the requirements of the 1991 statute by facilitating contact between babies and mothers on probation, extended supervision and parole. But a year ago, in February 2025, Dane County Circuit Court Judge Stephen Elkhe disagreed, ordering DOC to provide a mother-child program inside Wisconsin prisons.

“Reforming the criminal justice system to make our communities safer is a key priority of (Gov. Tony Evers’) administration and that includes corrections reforms such as a mother-young child program for incarcerated women,” Hardtke wrote, according to WPR. 

The ACLU motion called for remedial sanctions to get the agency to comply with the court order, including a daily fine for each day the contempt of court continues. The organization asked that the money from the fines be set aside to support the mother-child program, and claimed that a growing fine would ensure resources for the program. 

“With each month that passes, Defendants’ failure to act violates state law and violates the Writ,” the motion stated. 

When the lawsuit was filed in June 2024, Puphal had already given birth while incarcerated, while Curtin-Weber was pregnant. As of the filing of the lawsuit, their requests to participate in the mother-young program were refused or had not been responded to, according to a complaint published online by the ACLU. 

Puphal and Curtin-Weber were released on extended supervision last year, according to online DOC records. 

The state law enacted in 1991 states that the department shall provide the program for females who are prisoners or on probation, extended supervision or parole and who would participate as an alternative to revocation. 

When a person is released from prison to supervision, they must follow certain rules. If their supervision is revoked, the person will either be returned to court for sentencing or transported to a correctional institution. 

The department contended that it was in line with the law and that the word “or” in the statute indicated the agency could either provide the program for incarcerated mothers or for mothers on supervision.

DOC argued that it had a mother-child program for women on probation, extended supervision or parole who are pregnant or have a child under the age of one, and that it didn’t have to offer the program to incarcerated mothers. Wisconsin’s state budget includes $198,000 for a mother-young child program. 

Ehlke sided with the plaintiffs. He said they had established a clear right to be included in the class of people the department must consider for the mother-child program. 

The ACLU motion on Feb. 4 stated that the court had ordered the department to establish the program “forthwith,” or without delay, and  moved to reopen the case, arguing there has been “no meaningful progress” since that order despite three meetings between department representatives and counsel for the plaintiffs. 

“To avoid another year of excuses — or worse, another 35 years — Plaintiffs ask the Court to reopen this case for the purposes of enforcing the Court’s Writ,” the motion stated. 

The plaintiffs’ filing includes a letter and a list of questions sent to the Department of Corrections in December. It states that the Ostara Initiative offered to create a mother-young child care program for DOC at no cost to the agency in April 2024 and has continued to approach the agency. It described the Ostara Initiative as “a credible non-profit that DOC has already partnered with for other services.” 

The Examiner reached out to the Department of Corrections for a response to the plaintiffs’ filing, and also asked if the claims about Ostara were correct and if the department is planning to partner with Ostara on the program. Hardtke wrote that it is the department’s practice not to comment on ongoing litigation. 

A telephone scheduling conference in the case is scheduled for March 2. 

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Teng Vang, 43, assigned to Oshkosh Correctional Institution died Thursday at a hospital. | Photo courtesy Wisconsin Department of Corrections

A ‘physical disturbance’ involving three incarcerated people occurred on Wednesday afternoon at Oshkosh Correctional Institution, Oshkosh police said in a statement. The department said it is investigating a death that occurred after the disturbance. 

Beth Hardtke, communications director for the Wisconsin Department of Corrections, told the Examiner that Teng Vang, 43, died Thursday at a hospital. He was assigned to Oshkosh Correctional Institution. 

Police said a 43 year-old incarcerated person who assaulted another incarcerated person was secured by prison staff. He experienced a medical emergency and was transported to a local hospital. 

Hardtke wrote that the Oshkosh Police Department is investigating the death and the Department of Corrections is fully cooperating with the investigation.

Vang was found guilty of crimes including attempted first-degree intentional homicide and first-degree recklessly endangering safety. He was released on extended supervision in 2022, which was revoked in 2024. 

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Reading Time: 8 minutes

Click here to read highlights from the story

• Prisoners say there aren’t nearly enough work release jobs to go around, and officials at the Department of Corrections say they’re not keeping count.

• Several neighboring states routinely track how many people have work release jobs or are eligible for them.

• One prisoner told Wisconsin Watch he believes less than a third of those eligible at his facility have work release jobs.

• Officials at the Wisconsin Department of Corrections say not everyone who is eligible for work release wants to work. Some are in education, therapy or substance use treatment programs that don’t allow them to work full time.

Most of the jobs available to Wisconsin prisoners are paid not in dollars, but cents. Minimum wage laws don’t apply behind bars, so some people scrub toilets for less than a quarter an hour.

But one type of job lets people leave prison for the day to earn the same wages as anyone else.

Wisconsin was the first state to offer this opportunity, known as work release. The century-old program matches the lowest-risk prisoners with approved employers, who are required by law to pay them as much as any other worker. In some cases, that’s more than $15 an hour. 

Through those jobs, prisoners boost their resumes, pay court costs and save up for their release. Employers find needed workers. And taxpayers save money, since work release participants must pay room and board. 

Ten of the state’s 16 minimum-security correctional centers are dedicated to work release. But prisoners at those facilities say there aren’t nearly enough of those jobs to go around, and officials at the Department of Corrections say they’re not keeping count.

One prisoner told Wisconsin Watch he believes less than a third of those eligible at his facility have such work release jobs. Prisoners routinely wait many months for the opportunity, he said, and many never get it at all. 

“Having that money saved up to, say, get an apartment or get furniture, or even money for transportation?” said Ben Kingsley, 47, who wrote to Wisconsin Watch in August from Winnebago Correctional Center, a work release center in Oshkosh. “These guys know what’s at stake … They want to go out to work.” 

Only prison officials can add more positions, and he questions whether they’re trying. This summer, he began lobbying prison officials and lawmakers to expand the opportunity.

“The DOC/State employees are doing the bare minimum in trying to put more people out to work,” he wrote to legislators in October.

Work release jobs are scarce, prisoners say

To qualify for work release in Wisconsin, a prisoner must be classified in the lowest custody level (“community custody”) and have permission from prison officials. In some states, eligible prisoners search for jobs on their own and can work in any role that meets Department of Corrections standards. In Iowa, for example, work release participants are barred from bartending or working in massage parlors. 

In Wisconsin, prison officials hold the cards. Here, people approved for work release can work only for one of the Department of Corrections’ partner employers.

“Placements cannot be guaranteed for all eligible inmates,” reads Winnebago Correctional Center’s official webpage. “Work release and offsite opportunities are a privilege, not a right, and are provided at the discretion of the center superintendent and warden.”

About 70% of eligible people incarcerated at Winnebago don’t have work release jobs, Kingsley estimates. 

Kingsley, who hopes to qualify for work release after his custody status is reevaluated next year, said he began advocating for more jobs after hearing from eligible prisoners waiting to be “put out to work.”

To find out how many people were working, he asked prisoners who work as drivers, shuttling work release participants to and from their jobs. 

Of the 295 people incarcerated at Winnebago at the end of October, 224 had the lowest custody status, which is required for work release, according to the Department of Corrections. By Kingsley’s calculations, just 67 have work release jobs. That’s less than one in three. 

“Oh gosh, it’s a huge concern,” Kingsley said.

Officials offer explanations. Not everyone who’s eligible wants a work release job, said Department of Corrections spokesperson Beth Hardtke. Some are in education, therapy or substance use treatment programs that don’t allow them to work full time. And those who seek work release must first work at least 90 days in a prison job, followed by a stint on a “project crew” supervised by Corrections staff, before getting permission from the warden or superintendent.

“The capacity of the work release program is not just about the number of jobs available,” Hardtke said when asked whether the department is looking to add more jobs. “The program must be limited to the number of individuals that DOC staff can safely support and in settings where we can safely support them.” As Wisconsin Watch has previously reported, the Department of Corrections has been plagued by crippling staff shortages in recent years.

Additionally, Hardtke said, some can’t do manual labor. “Some individuals may not meet the employer requirements or standards, and some individuals may not have the level of training or skills necessary to complete certain tasks or jobs … As the prison population ages, some individuals may not be able to succeed in those types of work or have an interest in doing work that can have a physical toll.”

Officials and prisoners tout benefits

Work release got its start in 1913 when the Huber Law, named for Progressive Republican lawmaker Henry Allen Huber, created the opportunity at Wisconsin’s county jails. It later spread to state prisons and to nearly every state in the country. 

More than a century later, Wisconsin prison leaders continue to extol the virtues of letting people leave prison and return at the end of their shifts.

“Work release gives the men and women in our care the opportunity to feel like they belong to something, to feel like they’re part of a positive contribution to the community, to feel like they belong in the workplace,” said Sarah Cooper, then-administrator of the Division of Adult Institutions, at a virtual presentation for prospective employers in 2022.

Research suggests people who participate in work release programs are less likely to return to prison. A study of former prisoners in Illinois from 2016 to 2021 found those who had held work release jobs were about 15% less likely to be rearrested and 37% less likely to be reincarcerated.  

“Work release really is a significant part of keeping our community safe,” Cooper said.

Work release also offsets some of the taxpayer costs of imprisonment. Each participating prisoner must pay $750 a month for room and board, about 20% of the roughly $3,650 a month the state pays to incarcerate each prisoner in the minimum-security system. They must also use their wages to make any legally mandated payments, including child support and victim restitution.

In 2010, for example, 1,726 work release prisoners collectively paid more than $2 million in room, board and travel costs; more than $320,000 in child support and more than $350,000 in court-ordered payments, according to a department report. 

Work release jobs aren’t without controversy. In Alabama, a 2024 investigation by the Associated Press revealed prisoners were being pressured to work and faced retribution if they refused. Some were denied parole, despite working for years in fast-food restaurants and other jobs in the community. Critics argue the program is a modern version of the post-Civil War practice of convict leasing, in which prisons rented incarcerated people out for forced labor. 

In many states, including Wisconsin, work release participants aren’t classified as employees and don’t have all the same workplace rights. But advocates for incarcerated workers told the AP that many people behind bars want to work and that eliminating the program would only hurt them.

For men in Wisconsin prisons, work release jobs are usually in manufacturing. For women, there are jobs in food service or cosmetology too. They’re “low-level, intensive labor jobs,” Kingsley said, but people are eager for the chance to start saving, especially since a criminal record and gaps in work history could make it tough to find work when they get out. 

“When you get locked up, you lose everything,” Kingsley said. “You lose all your possessions, your … credit score goes down, all your bills go unpaid … The benefit (of working) far outweighs the negatives.” 

No statewide data available

How many prisoners participate in work release statewide? Corrections officials don’t consistently keep track, Hardtke said. 

The department’s public data dashboards show prisoner demographics, recidivism rates and enrollment in educational or treatment programs, among other things. Employment numbers are not included.

Prison staff record each prisoner’s jobs and privileges in the person’s individual file but don’t routinely gather that data across the system, Hardtke said.

“What’s important from a correctional standpoint is that you know where everybody is,” Hardtke said, adding that such jobs data “would need to be compiled from multiple sources.” 

The latest numbers Wisconsin Watch could find are from 2024. Responding to a Legislative Fiscal Bureau request for a report on state prisons, the department’s research team manually calculated that 781 people had work release jobs in July 2024, Hardtke said.

Asked for a current figure, Hardtke said “that number is not something we have readily available nor is it something you could accurately pull from a single source or document.”

Officials also don’t track how many people are eligible for work release. As of Oct. 31, 2,778 Wisconsin prisoners were at the department’s lowest custody level.

Several neighboring states routinely track how many people have work release jobs or are eligible for them. Of the 11 other Midwestern states Wisconsin Watch asked, seven responded. 

• Four said they track the number of participants but not the number of people eligible: Minnesota (186), Missouri (202), North Dakota (13) and South Dakota (183).
• Iowa officials said they track eligibility (418) but don’t track how many people have work release jobs.
• Nebraska officials said they track both: 378 were eligible, and 374 were working.
• Officials in Michigan said they don’t offer work release.

Prisoner pushes for more jobs

In July, Kingsley wrote to Warden Clinton Bryant, who oversees the men’s minimum-security centers, asking him to add 100 more work release jobs. 

“By writing you first, I hope that changes can be made. Changes that not only benefit the guys here or at other centers, but also the DOC and the state as a whole,” Kingsley wrote. Adding those jobs would generate $75,000 a month in room and board payments, along with state taxes, he wrote. 

Bryant responded that Winnebago Correctional Center “collaborates with community employers on a daily basis” and that prison officials can’t require employers to hire anyone. 

Jobs aren’t particularly hard to find near Winnebago Correctional Center. Like the rest of the state, Winnebago County faces a growing worker shortage as baby boomers retire. Prisoners aside, the share of the county’s population that’s working or actively looking for work has fallen 7.4% since 2000, according to the Department of Workforce Development. 

Winnebago County’s unemployment rate — which excludes people in prison — was among the lowest in the state in 2024, according to DWD data. 

Wisconsin’s labor market has softened since last year but remains strong, said Dave Shaw, a regional director of the Department of Workforce Development’s Bureau of Job Service, which manages the state website that matches employers and job seekers. 

“It’s still fairly easy to find work, and there are a lot of jobs out there,” Shaw said.

It can be harder to find a job with a criminal record, but Shaw said his team works with a variety of companies that are “interested in giving individuals a second chance” to get back in the workforce. 

“There are employers all around the state who are willing to do that,” Shaw said, noting that the state offers tax credits and free insurance to employers who hire people with criminal records.

When Kingsley contacted Bryant again, urging the department to establish minimum job placement rates for work release centers, the warden ended the conversation.

“My office addressed these matters and provided you a response,” Bryant wrote. “No further correspondence on these matters will be addressed by my office.” 

So Kingsley took the issue to the State Capitol. In May, Republican lawmakers introduced legislation that would give bonuses to probation and parole officers who increase the employment rate among the people they supervise. Kingsley asked them to do the same for work release centers. 

All of the bill’s authors and cosponsors either declined Wisconsin Watch’s request for comment or did not respond. 

As of publication of this story, Kingsley has yet to receive a reply.

Natalie Yahr reports on pathways to success statewide for Wisconsin Watch, working in partnership with Open Campus. Email her at nyahr@wisconsinwatch.org.

A century after pioneering work release, Wisconsin corrections officials don’t track how many prisoners participate is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.