The Waupun prison sits in the middle of a residential neighborhood (Photo | Wisconsin Examiner)

Most of those speaking at the Wisconsin Department of Corrections (DOC) online public hearing on community supervision – parole, probation and extended supervision – said the system is  too rigid. Instead of helping people successfully integrate back into society, they said, the system creates a tripwire of rules that can easily be broken and result in too many people being ordered back to prison when supervision is revoked.

The public hearing on July 8 took up proposed rules to amend the DOC’s Administrative Code because of a law passed in April 2014, Act 196, that directs the creation of a system of appropriate short-term sanctions for violation of conditions of supervision. The law sets out  eight criteria, including minimizing the impact on the offender’s employment and family, and offers rewards for those complying with conditions of supervision.

Of the 18 members of the public who spoke at the hearing, most addressed the need for implementing the spirit of the 2014 law to create a less burdensome system of community supervision and reduce the number of revocations that in 2023 represented over 30% of those entering prison and in 2024 reached nearly 60%.

Several people who had been on community supervision or were still serving on supervision also spoke and asked that the DOC do more than just provide accountability and make the system less oppressive and also offer resources, such as help obtaining housing.

One of the first to speak was Tom Gilbert, an advocate for WISDOM, a statewide network working on reform of the prison and criminal justice systems and other social justice issues. Gilbert, whose son has twice had supervision revoked, has been pushing since 2019 for the DOC to implement Act 196.

“Act 196 is a good law passed with broad bipartisan support, and it calls for a cultural shift in how the Department of Corrections administers its supervision programs,” he said. 

“For many years, WISDOM has called on the department to implement the law and thereby provide a solid alternative to thousands of revocations each year,” he added. 

However, Gilbert said, when he read DOC’s proposed rules for implementing the law he was upset that the DOC only stated the eight criteria without creating or describing a system for “new and revised policies and practices.”

Gilbert accused the DOC of not wanting to fulfill the intent of the law.

“This cannot be an oversight. It is a conscious omission,” he said. “To me, it signals that the DOC is not committed to creating a system of short-term sanctions, that it is not serious about shifting the community corrections program from an operation that sabotages the successful reentry of people into their communities to an operation that is focused on healing individuals, families and communities by providing the treatments and supports needed to accomplish that goal.”

Gilbert challenged the DOC’s current protocol of calling 90 days of jail a short-term sanction because, he said, even 60, 30, 21, or 14 days in jail has a negative impact on employment and family.

He also challenged the DOC’s perspective that the rules revision would only impact those on community supervision, vendors and DOC staff.

 “The decisions you and your agents make every day regarding people under your supervision widely affect families, employers, health care providers, social service providers, schools — in  other words, whole communities and this whole state,” Gilbert said. “The proposed rules should be revised by adding back the language from Act 196 that explains its whole purpose — creating a system of short-term sanctions.”

Sean Wilson, senior director of organizing and partnership of Dream.Org, a national non-profit working on social justice issues, was also critical of the proposed rule for offering no description for short-term sanctions.

“There’s no real short-term sanctions framework,” Wilson said. “Instead of building a system that redirects people before they spiral back into incarceration, this proposal simply restates the existing law; meanwhile, revocations without new convictions in Wisconsin still account for 40% of our prison admissions.” (The rate rose from 40% early in 2024 to nearly 60% at the end of the year)

“Here in this state, there are no guardrails to prevent over-punishment,” Wilson added. “The proposal leaves full revocation on the table for things like substance abuse, missed check-ins, minor violations that are far too often treated as major. There’s no real focus on rehabilitation. There’s no clear investment in helping people reintegrate successfully, and no mention of support, supportive services, trauma-informed care, or reentry pathways.”

He said the rules are “vague about how sanctions will be applied, who will review them, and how racial disparities, which are deeply embedded in our system, will be addressed.”

He also raised concerns about private contractors offering supervision, creating a “financial incentive that undermines fairness and accountability.”

Carol Rubin, a former administrative judge, also encouraged the implementation of Act 196 and was also critical of the proposed rules not fleshing out the intent of the 2014 law.

“I want to express my dismay that DOC has delayed issuing formal rules for Act 196 for 11 years, despite being ordered to issue rules in 2014 by the Wisconsin Legislature,” she said. “In the meantime, thousands of individuals have been denied the benefit of a real, short-term sanction system with trained agents that could have stabilized their new lives in the community.”

Rubin said the DOC should provide examples of how short-term sanctions should be employed to minimize the impact on employment.

“For a low violation, consider imposing a short-term sanction that does not restrict the hours that a client could be available for employment, such as a verbal or written reprimand,” she said. “For a medium or high violation, consider a brief house arrest or weekend jail sanction of two days or less that will not interfere with the client’s current or future hours of employment; if appropriate, a weekend home arrest could be repeated.”

Liz Monroe noted that the DOC’s manual for Evidence Based Response to Violations (EBRV) has two mentions of using rewards, including stating that rewards are “more effective than only using sanctions” and that incentives and rewards are “helpful for compliance and positive behaviour and that there should be at least four rewards for every sanction.”

As a reward for compliance, she encouraged reducing the supervision time, such as 30 days of compliance resulting in 30 fewer days on supervision.

Barbie Jackson, vice president of MOSES, an affiliate of WISDOM, asked for a description that “clearly defines short-term sanctions to assure that they focus on helping people avoid harmful behaviors and fulfill societal obligations, minimize disruption of the impacted person’s employment, minimize the effect on the impacted person’s family and establish incentives and rewards for compliance and positive behavior.”

Jeremy Dings, who said he had been originally sentenced to five years in prison but ended up serving 12 because of two revocations, talked about how he was unable to help his family during a health crisis after he broke a rule and was revoked. He was allso not allowed to attend his mother’s funeral.

“People on supervision have families, too, just like all of you,” he said. “Revocation for rule violation ends the person’s employment and their ability to support their family and themselves.”

Marianne Oleson, operations director for Ex Incarcerated People Organizing (EXPO), noted she had been on supervision for eight years and still had 18 more years to serve.

“I’ve rebuilt my life. Started over with nothing, and dedicated myself to helping others,” she said, “but despite everything I’ve done, I wake up every day with 18 more years of supervision ahead of me, not because I’ve reoffended, not because I’m a danger, but because the system has failed to evolve with science.”

She contended that recent research on community supervision says the ideal period is three to five years.

Oleson noted that her clients include many who have been revoked and sent back to prison for a technical rule violation. 

She said the present system often does not have the goal of rehabilitation but “surveillance disguised as support.”

“People on supervision are trying to live,” said Oleson. “We’re parenting, working, healing and giving back, but we live in fear that one misstep will erase years of progress. You have a chance to change that, to lead with justice instead of fear. Please rewrite this to reflect what the courts, the research and those of us directly impacted are telling you. Our futures matter. Please treat us like they do and we do.”

JenAnn Bauer of West Bend who had been in prison and on supervision said that “excessive supervision” creates challenges for rebuilding a life.

“Every job, every lease, every new agent and every step forward comes with extra scrutiny and extra risk,” she said. “I have done everything the system has asked of me. I pay taxes, I’ve reintegrated, I’ve contributed. These things don’t just affect the formerly incarcerated. They affect our families, our children and future generations. When a parent is stuck under financial pressure or the constant threat of being sent back for a technical violation, it creates instability that reaches far beyond one individual, it holds entire families hostage and in survival mode, and that affects the health, safety and future of whole communities and our entire state.”

Robert Thibault, vice president of Prison Action in Milwaukee, said he had been on supervision for 15 years and had experienced a “huge inconsistency” in how supervision was administered depending on the parole or probation officer (PO), adding the attitude of a PO over the interpretation of “arbitrary rules” could result in a revocation.

Meah Flowers of Madison talked of having family members going in and out of prison and the disruption that revocation causes. She encouraged implementing Act 196 to help families.

Eric Howland said there is an expectation that those coming into community supervision obtain employment, housing and a positive social network, but a 90- or 60-day jail sentence for a supervision violation negatively impacts those goals.

Why 11 years?

The DOC has not yet responded to questions from the Examiner on why it has taken 11 years to implement Act 196.  

GET THE MORNING HEADLINES.

SUBSCRIBE

Alternatives to incarceration could drastically cut lock-up rate in Wisconsin. This week the Department of Corrections will finally take up a 2014 law that aimed to do just that. | Getty Images

The Wisconsin Department of Corrections (DOC) will hold a public hearing this week on Act 196, legislation that received bipartisan support and was signed into law in April 2014 by then-Gov. Scott Walker. The law aimed to create sanctions for people who violate the conditions of their parole, probation and extended supervision as an alternative to revocation, which sends people back to prison sometimes for small infractions that violate the terms of their release. The hearing on implementing a new rule, 11 years after the law was signed, will finally take place on Tuesday, July 8 at 10 a.m.

The public can join the virtual hearing by going to a DOC link and selecting the “hearing information” section. The text of the rule is also available online at the same hearing link.  

Act 196 states the intent to “Develop a system of short-term sanctions for violations of conditions of parole, probation, extended supervision, and deferred prosecution agreement (an agreement not to prosecute pending the accused meeting requirements such as drug treatment).”

A sentence for a criminal violation, besides fines and fees, typically includes a period of incarceration and supervision outside incarceration via parole, probation, or extended supervision.

If a condition of supervision, such as the requirement to remain sober or stay away from minors, is not meant, the probation officer has the option of requesting a revocation hearing before an administrative judge that could result in the person serving a portion or the remainder of the “supervised” sentence behind bars.

Act 196 states “short-term sanctions” should include “examples of high, medium and low level sanctions and what factors to consider when determining which level of sanction to apply.”

The law is not  just punitive. Act 196 also says the DOC is to determine “how to reward offenders for compliance with conditions of parole, of probation, of extended supervision or of the agreement (such as deferred prosecution).”

The 2014 law also states the DOC should “minimize the impact on the offender’s employment” and also minimize “the impact on an offender’s family.”

The 2014 law would appear to meet the stated goals of the DOC and Gov. Tony Evers to lower the revocation rate for Wisconsin that has resulted in thousands returning each year to prison.

WISDOM, a statewide network working on reform of the prison and criminal legal systems and other social justice issues, is pleased the DOC is finally taking steps to implement the 2014 law into a rule.

“Adding more short-term community-based alternatives to revocation has the potential to significantly reduce the number of people sent to prison each year,” said Mark Rice, Transformational Justice Campaign Coordinator for WISDOM, a statewide network working to overhaul the criminal legal system and other unjust systems.

“Sending people back to prison for convictionless rule violations is fueling the overcrowding of Wisconsin’s prisons,” said Rice.

Tom Gilbert, a father whose son has been incarcerated and had supervision revoked and returned to prison, has led WISDOM’s efforts to get the DOC to implement Act  196.

“It is way past time for Wisconsin to transform its supervision program of people who have been released from their original sentence,” said Gilbert. “Revoking people back to prison for rule violations is counter-productive. Other states have moved to better methods of supervision and are closing prisons.”

But WISDOM officials also have concerns that DOC will use current practices of sanctions, such as 90-day jail confinements, that WISDOM say don’t meet the intent of ACT 196 to “minimize” the impact on employment and the family.

Wisdom officials are also concerned the DOC has not fleshed out how to implement ACT 196 by describing the actual “system of short-term sanctions.” The proposed rule to be considered at the July 8 hearing merely replicates language stated in Act 196 without specifying the actual short-term sanctions or the rewards for meeting the conditions of supervision.

“If the Department of Corrections truly implements both the letter and spirit of Act 196, we see the potential transformation of its community corrections programs to one that focuses on healing individuals and communities affected by crime,” said Gilbert.

Joining the public hearing

Members of the public who are not able to join the hearing online can use a call-in number for the meeting: (608) 571-2209, with conference code 930 614 929.

Persons making oral presentations at the meeting are also required to submit their comments in writing.

Written comments are also taken until August 8. Written comments can be mailed to DOC Administrative Rule Committee, Caitlin Washburn, Administrative Rules Coordinator, PO Box 7925, Madison, WI 53707-7925.

Written comments can also be sent via email to: DOCAdministrativeRulesCommittee@wisconsin.gov or can be submitted on  the DOC’s website: https://doc.legis.wisconsin.gov/code

GET THE MORNING HEADLINES.

SUBSCRIBE

Update: This story was updated at 11:50 a.m. on Monday, July 7 to make requested edits to a quote by WISDOM’s Mark Rice.

A Wisconsin nonprofit is pushing to get books back into prisons after a DOC directive ending the effort. | Getty Images Creative

The nonprofit Wisconsin Books to Prisoners (WBTP) and the Wisconsin Department of Corrections (DOC) are carrying out a pilot project that involves sending used books to prisoners. 

This might lead to the nonprofit regaining the ability to send used books to incarcerated people in DOC facilities around the state. Meanwhile, WBTP says it has experienced an issue with packages of new books, which were not banned, being sent back. 

Last year, the department enacted a used book ban. The DOC has cited concerns about drug smuggling, leading to scrutiny of how effective the ban might be and whether the impact on prisoners’ access to books was justified. Camy Matthay of Wisconsin Books to Prisoners told the Examiner in September that the ban hobbles the project. 

The agency said in late September that it used to make an exception for WBTP to send used books “due to the organization being based in Wisconsin with leadership who were responsive and willing to work with DOC.” Wardens and librarians could accept used books from certain trusted sources for donation to the institution libraries. 

In late September, the DOC said that under a  policy announced  in January, the department could no longer accept used books from anyone — including WBTP. The department said  “that policy is now being enforced when it comes to library donations as well as books sent to persons in our care.”

In March, the Examiner reported on concerns regarding mail between incarcerated people and attorneys, including the question of the accuracy of the drug tests used on materials coming into prisons.

According to incident reports and a statement from the DOC in late September, three separate shipments in February and March 2024 that were allegedly from Wisconsin Books to Prisoners had multiple items testing positive for drugs.  

In an email to Wisconsin Books to Prisoners in August, Sarah Cooper, former administrator of the DOC’s division of adult institutions, said the concern was not with WBTP but with people who would impersonate the nonprofit. 

“Unfortunately, those who wish to send drugs into the prisons do so under the guise of legitimate agencies, organizations and even legal entities,” Cooper said. 

WBTP said the group expects to be formally approved to resume shipping new and used donated books to people incarcerated throughout Wisconsin upon the successful completion of the second phase of the pilot. 

“We are cautiously optimistic that WBTP will be back or close to our full operations by September 2025,” the nonprofit said in a statement Friday. 

WBTP said it has participated in a pilot program at Oakhill Correctional Institution over the past few months. The nonprofit said that during phase one, it sent three packages of books, one third of which were used books. The books were added to the library collection, making them available for checkout by those who requested them. 

The pilot program aims to allow DOC to test and refine its screening process for donated reading materials to ensure safety, DOC communications director Beth Hardtke said in an email to the Examiner.

Starting July 1, WBTP will be able to send requested materials directly to individuals at Oakhill Correctional Institution instead of the institution library, Hardtke said. 

“The goal is to eventually allow WBTP to send reading materials to individuals at any DOC facility — safely,” Hardtke said. She mentioned a safety concern about people coming into contact with intoxicating substances. 

In a statement in late September, the department said staff reviewed contraband incident reports that facility staff had flagged as drug-related between Jan. 1 2019 and Sept. 19, 2024. 

The DOC said that not all incident reports flagged as drug-related turn out to be drug-related, and that “some drug-related incidents recorded through a medical record or conduct report may not be reflected in these numbers.” 

The department said there had been 214 incidents of drugs being found on paper from Jan. 1 2019 to Sept. 18, 2024  “including in books and letters shipped to DOC facilities.”

WBTP said it was told by DOC that it would continue mailing brand-new books to meet requests made by readers. Many of those packages have been returned to them, WBTP said. The status of some packages is not known, and the nonprofit is investigating the issue. In its statement, WBTP said it has “engaged in discussions” with DOC administrative staff, “in opposition to their policy banning the donation of used reading materials.”

“WBTP remains committed to pursuing every possible avenue to challenge this censorship,” the nonprofit said. 

GET THE MORNING HEADLINES.

SUBSCRIBE

Green Bay Correctional Institution | Photo by Andrew Kennard/Wisconsin Examiner

Prison reform advocates gathered by Green Bay Correctional Institution on Monday, calling for change at a moment when the prison’s future is uncertain. 

The vigil included prayer for incarcerated people in solitary confinement and for the families of Shawnee Reed and Brittany Doescher, who died at Taycheedah Correctional Institution. 

“We’re all human,” JOSHUA Coordinator Caitlin Haynes said. “So whether you committed a crime or not, you deserve humane treatment. So we’re here for that, and to bring light to the situation that they deserve better.”

The Wisconsin Department of Corrections reports on how long prisoners spend in disciplinary separation, where a prisoner might be sent after committing a violation. GBCI has the longest average length of stay in disciplinary separation of any of the adult facilities listed, at 48.6 days, as of the most recent data.

JOSHUA, a local affiliate of the advocacy organization WISDOM, holds monthly vigils at Green Bay Correctional. 

Leslie Hill, who attended the event, said her son died by suicide after leaving prison. 

“I spoke to him daily whenever he wasn’t in solitary, and he had many traumatic experiences,” Hill said. “He had no support. And he was facing one more charge, he was on bond. I had bonded him out to have some mental health treatment…and I think [a] contributing factor to his death was [the prospect of going back].”

In a post before the event, WISDOM said advocates were gathering with four other groups “to call on Gov. Evers to veto any budget that continues to invest in punishment over people.” At a rally at the Capitol in late May, advocates called on the governor to veto the budget if it lacked certain items. 

“We’re urging [Evers] to veto any budget that does not include adequate investments in health care, child care and public education,” said Mark Rice, Wisconsin Transformational Justice Campaign Coordinator at WISDOM. “Also, we want him to ensure that no new prisons are included in the budget… Also wanting to adequately fund measures in the budget that would reduce the prison population.” 

GBCI’s future to be determined 

In February, Gov. Tony Evers laid out a plan that included closing GBCI in 2029 and updating Waupun Correctional Institution (WCI).

Last week, the Legislature’s Joint Finance Committee approved a level of corrections spending that was significantly lower than Evers’ proposal.

Co-chair Rep. Mark Born (R-Beaver Dam) said GBCI wouldn’t be discussed until later in the week, when the committee would take up the capital budget. That meeting was canceled. 

According to the Evers administration, the governor’s plan opted to close GBCI instead of Waupun because of local support for closing GBCI and the lower cost of updating the Waupun facility, the Examiner reported in February.

Long stays in restricted housing

According to the most recent data, 138 incarcerated people were in disciplinary separation at GBCI. There were 71 people in restrictive housing in the facility for over 30 days, the highest of any facility listed and nearly triple the number at the second highest facility.

Over the years, the average length of stay in disciplinary separation has declined across facilities, from 39.7 days in 2019 to 27.8 days in May 2025. 

The Wisconsin Department of Corrections has entered a contract with a third-party management and consulting firm, Falcon Correctional and Community Services, Inc. The partnership includes studying restrictive housing practices at adult prisons. 

An aging facility 

GBCI was built starting in 1898. As of June 20, it housed 381 more incarcerated people than its design capacity of 749. 

Overcrowding puts additional burdens on staff to maintain a facility’s safety and security, a 2020 draft report on the Wisconsin Department of Corrections website stated. Overcrowding also “stresses inmate programs and support functions.” 

The report found that GBCI and Waupun Correctional Institution, the oldest facilities in the system, were both “at or nearing the end of their useful lives.”

Without extensive demolition and reconstruction of housing, program and support services buildings, the report stated, “they will not begin to achieve the safety, security, efficiency and flexibility found in modern correctional institution design.”

Maximum security housing at the prisons opened with 50 square foot cells designed for single occupancy, according to the report. Most of those cells were being used to house two people, presented operational issues and did not comply with the Americans with Disabilities Act or meet American Correctional Association standards. 

The report said new maximum security housing was needed in the long term. In the short term, “consideration should be given to reducing populations at GBCI and WCI if possible to allow for more single occupancy cells.” 

The 2020 report also said a number of facilities have ADA-accessible housing accommodations, but “there exists a particular lack of accessibility at the GBCI and WCI maximum security institutions.” 

GET THE MORNING HEADLINES.

SUBSCRIBE

Flags of the 11 Native American tribes of Wisconsin in the Wisconsin State Capitol. (Wisconsin Examiner photo)

At a state prison in Stanley, Wisconsin, participants in a Native American-focused group take part in traditional cultural practices.

According to Ryan Greendeer, executive government relations officer with the Ho-Chunk Nation, Stanley Correctional Institution’s chaplain recently reached out to the tribe with requests for the group’s programming.  

The chaplain wanted teaching materials, as many materials in the current selection were old. He said that men learn songs and Native language with the materials, as well as history and culture.

The chaplain said the men are eager to learn more about all things Native, according to Greendeer. He was also seeking a larger pipe bowl and poles to help build a new lodge. The pipe has a history of ceremonial use.  

The prison’s annual report for fiscal year 2024 mentions a Native American smudge and drum group. The report says that each month, several religious organizations and volunteers come in to hold various services, and the list includes “Sweat Lodge (Native American).”

There were 79 American Indian or Alaska Native people at Stanley Correctional as of April 30, according to the Wisconsin Department of Corrections (DOC). 

Gov. Tony Evers’ budget recommendations for corrections included a tribal liaison position for the DOC. The liaison would be responsible for working with Native American tribes and bands on the agency’s behalf.

Each of the governor’s cabinet agencies has already set at least one staff member to be a tribal liaison. The governor’s proposal would create a new position, set aside for the job of tribal liaison for corrections. 

Evers also proposed creating a director of Native American affairs in the Department of Administration and tribal liaisons in several other agencies, including the Department of Justice and Department of Natural Resources. 

“Gov. Evers’ commitment has been—and always will be—to ensure that the state maintains strong partnerships with the Tribal Nations by recognizing and respecting the needs and perspectives of the Nations and Indigenous people,” Britt Cudaback, communications director for the governor’s office, said in an email.

The Legislature’s Joint Finance Committee removed the proposed positions in May, along with hundreds of other items proposed by Evers. 

“Unfortunately, [Evers] sends us an executive budget that’s just piles full of stuff that doesn’t make sense and spends recklessly and raises taxes and has way too much policy,” Joint Finance Committee co-chair Mark Born (R-Beaver Dam) said in May.

Tribes already work with the state, including the Oneida Nation, which is located in northeast Wisconsin. The tribe told the Examiner that it continues to work with the state to make sure incarcerated Native Americans have proper access to culturally based practices and resources. 

With a tribal liaison that can help navigate the corrections system, the tribe’s efforts to make sure resources are provided and distributed appropriately make better progress, the tribe said. 

“These efforts will continue whether or not a tribal liaison position exists, although the impact on incarcerated individuals who use culturally based resources may be greater as efforts take longer,” the tribe said. 

The Oneida Nation said it “supports tribes’ efforts to ensure incarcerated members maintain access to appropriate support services as provided by tribal, state, and federal laws.”

Maggie Olson, communications coordinator for the St. Croix  Chippewa Indians of Wisconsin, said the tribe is not located close to the corrections facilities where their tribal members are incarcerated. This is a significant barrier, she said. 

“It would be nice to be able to have a better handle on where our people are within the system to ensure they are having their spiritual and cultural needs met,” Olson said in an email to the Examiner. “It is much easier (at this time) to meet religious needs (think Christianity) within the correctional system than it is to meet the spiritual and cultural needs of Native Americans within the system.”

A great first step would be having a dedicated person who can build relationships with incarcerated Native Americans, she said.

In a statement, the tribe said the liaison “would be a start to developing and enhancing tribal input with State initiatives.” The tribe said it wants to work with the DOC on access to supportive services in county jails. 

Olson said she met DOC Secretary Jared Hoy at an event on June 5 and that they had a great discussion about the potential benefits of a tribal liaison at the agency.

“With the uncertainties surrounding federal funding, we are hopeful state funding will be increased to tribal programs in Wisconsin,” Olson said.

The tribe’s criminal justice work involves partnership with the DOC. In the St. Croix Tribal Reintegration Program, case managers work with tribal members before and after their release from prison or jail, the tribe said. The program has a memo of understanding with the Department of Corrections, providing guidance for working relationships between tribal reentry and probation.

All of the governor’s cabinet agencies have consultation policies that say how they will work with tribal governments. Agencies and tribal elected officials have annual consultation meetings to talk about programs, laws and funding that may affect the tribe. 

Discussions at the annual state-tribal consultation tend to be about high-level policy, but they can delve into specifics, Greendeer said. He gave an example related to tribal members who are on probation or parole. 

“For example, a topic that keeps coming up is re-entry programming for enrolled tribal member offenders,” Greendeer said. “A concern discussed at a recent consultation was that probation/parole officers might not consider tribal norms/values, citing a lack of eye contact in saying a client is disengaged or disconnected.”

The co-chairs and vice-chairs of the Joint Finance Committee did not respond to requests for comment. DOC communications director Beth Hardtke did not answer a question from the Examiner about the responsibilities and goals of the tribal liaison position.

GET THE MORNING HEADLINES.

SUBSCRIBE

Local advocacy organization JOSHUA held a prayer vigil outside Green Bay Correctional Institution. | Photo by Andrew Kennard for Wisconsin Examiner

Wisconsin Gov. Tony Evers included a prison accountability office in recommendations for the upcoming state budget. That proposal was tossed out by the state Legislature, along with hundreds of others made by Evers. And so far, prison reform advocates haven’t found a Republican sponsor for a separate bill. 

The proposed Office of the Ombudsperson for Corrections would conduct investigations, inspect prison facilities and make recommendations to prisons in response to complaints. The proposal would cost about $2.1 million from 2025-2027. 

Deaths of prisoners, staffing problems and lawsuits have drawn attention to serious problems in Wisconsin’s prison system. 

“How many more millions of dollars are we going to spend in fighting lawsuits, dealing with litigation?” said Susan Franzen of the Ladies of SCI. The prison reform advocacy group wants to see independent oversight of the Wisconsin Department of Corrections. 

“We’re willing to spend that money, but we’re not willing to take a million dollars to put something in place that can help start addressing these things and eventually get proactive, so we don’t have all this litigation going on against the Department of Corrections,” Franzen said.

“Unfortunately, [Evers] sends us an executive budget that’s just piles full of stuff that doesn’t make sense and spends recklessly and raises taxes and has way too much policy,” Joint Finance Committee co-chair Rep. Mark Born (R-Beaver Dam) said in May, after the committee killed more than 600 items in Evers’ budget proposal. “So, we’ll work from base and the first step of that today is to remove all that policy… and then begin the work of rebuilding the budget.”

Meanwhile, the Wisconsin Department of Corrections has already partnered with Falcon Correctional and Community Services, Inc., a consulting and management firm, for a third-party review. 

The Falcon partnership includes a comprehensive study of the Division of Adult Institutions’ health care program, behavioral health program, correctional practices and restrictive housing practices, the Examiner reported. The study was projected to take six months. 

What Republican lawmakers are saying

In February, Gov. Tony Evers laid out a plan for changes to the prison system, including closing Green Bay Correctional Institution and updating Waupun Correctional Institution.

Rep. Jerry O’Connor (R-Fond Du Lac), vice chair of the Assembly Committee on Corrections, said “our first priority” is addressing staff shortages in various areas, ranging from guards to social workers. 

For the most recent pay period, the DOC reported a vacancy rate of 16% for correctional officers and sergeants at adult facilities. Columbia Correctional Institution has the highest vacancy rate among adult facilities, at 35.4%. Waupun and Green Bay Correctional Institutions have vacancy rates over 20%. 

The second priority O’Connor listed in an email to the Examiner is the hundreds of millions of dollars needed for facility reorganization. 

“Based on the pressing financial requests for address[ing] critical staffing shortages and housing issues, I do not see [the governor’s recommendation for an ombudsperson office] getting passed or funded,” O’Connor said.

Senate President Mary Felzkowski (R-Tomahawk) criticized the potential structure of the ombudsperson’s office, Wisconsin Public Radio reported in February. 

“De facto lifetime appointments (which the ombudsperson appears to be), almost a dozen new bureaucrats, and millions of dollars are not creative solutions,” Felzkowski said, according to WPR.

Would the ombudsperson be independent? 

To Franzen, “it feels like we’re back to square one, with the original plan of trying to get a bill, and we’ll keep trying,” she said. 

Ladies of SCI Executive Director Rebecca Aubart said she is still hopeful about finding a Republican to sponsor an ombudsman office. 

Aubart said she’s heard support for oversight of the DOC, , “but it just appears that nobody’s willing to stick their neck out to be the one to sponsor it,” she said. 

The Examiner reported in October that 20 states had an independent prison oversight body. Michele Deitch, director of the Prison and Jail Innovation Lab, wrote about independent oversight in an essay published by the Brennan Center in 2021. 

“They can identify troubling practices early, and bring these concerns to administrators’ attention for remediation before the problems turn into scandals, lawsuits, or deaths,” Deitch wrote. “They can share best practices and strategies that have worked in other facilities to encourage a culture of improvement.”

The proposed Office of the Ombudsperson for Corrections was described in a summary of the governor’s corrections budget recommendations. It would be attached to the Department of Corrections. 

Officials in the Evers administration said the office would operate in a “‘functionally independent’” manner, Wisconsin Public Radio reported in February.

Franzen said she’d rather it be completely separate from the DOC, but would support any movement toward some type of oversight at this point. Aubart said independence is a “cornerstone to any ombudsman.”

What would the office do?

The proposed office’s powers include conducting investigations, having witnesses subpoenaed, inspecting facilities at any time and examining records held by the DOC.

If the ombudsperson made a recommendation to a prison regarding a complaint from a prisoner at the facility, a warden would have 30 days to reply. The warden would have to specify “what actions they have taken as a result of the recommendations and why they are taking or not taking those actions.” 

If there was reason to believe a public official or employee has broken a law or requires discipline, the ombudsperson could refer the issue to the appropriate authorities. 

The ombudsperson would report to the governor at the governor’s request. Each year, the ombudsperson would submit a report of findings and recommended improvements to policies and practices at state correctional institutions, as well as the results of investigations. 

Mark Rice, transformational justice campaign coordinator at the advocacy coalition WISDOM, said he also wants to see an additional mechanism to hold the Wisconsin Department of Corrections accountable. 

“Currently incarcerated people, and people who have loved ones who are currently incarcerated, need to really be more at the center of decision-making,” Rice said. 

The co-chairs and vice-chairs of the Joint Committee on Finance did not respond to the Examiner’s requests for comment. 

GET THE MORNING HEADLINES.

SUBSCRIBE