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Criminal justice non-profits receive a grant supporting their use of data and technology

Melissa Ludin, state board member at Ex-incarceraed Peopl Organizing (EXPO) (Photo by Isiah Holmes)

Melissa Ludin, state board member at Ex-incarceraed People Organizing (EXPO) (Photo by Isiah Holmes)

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.

Two Wisconsin non-profits involved in addressing the criminal justice system, Ex-incarcerated People Organizing (EXPO) and LIFT Wisconsin, were recently recipients of a grant from the Catalyst Grant program, funded by Microsoft and administered by the Urban Institute to support non-profits using data and technology to “advance racial equity and reform in the adult criminal legal system.”

EXPO and LIFT Wisconsin were among 25 grantees nationwide that received the awards.

The two organizations will share a $40,000 grant to support their joint work with Legal Tune Up, an app that uses public databases to help with such issues as reinstating driver’s licenses, removing eviction and criminal records (such as dismissed cases on the record for two years), changing child support orders, and helping with debt collection issues.

A press release from EXPO and LIFT Wisconsin said that Legal Tune Up helps “people navigate unresolved legal issues and help prevent minor infractions from snowballing into life-altering consequences.”

The Catalyst Grant program notes that it “supports the efforts of nonprofit organizations to use data and technology to advance racial equity and reform in the adult criminal legal system.”

The Catalyst Grants are meant to address “racism and racial biases” in the criminal justice system that often result in “disproportionate harm to communities of color.”

The grant funds project cost and implementation assistance, peer learning and “access to technology and related support.”

“We aim to mitigate the harms of unresolved legal issues, advance racial equity in civil legal barriers, improve the delivery of the tool, and analyze data from the tool to inform advocacy,” said a press release for EXPO and LIFT Wisconsin. “Together, the partnership between EXPO and LIFT will empower those who are vulnerable to involvement in the criminal justice system to resolve legal issues independently, analyze data to determine where outreach efforts need to focus next, ensure evidence-based recommendations for reforming civil legal processes to reduce racial disparities, and hold community forums to present findings and advocate for policy changes.”

Erica Nelson, LIFT Wisconsin’s Executive Director, added, “This partnership and grant help us elevate people and expand justice for those too often left behind by the system with no resources to navigate it. Thanks to Microsoft and the Urban Institute, we are one step closer to a future where everyone, not just those who can afford an attorney, has access to justice.”

“Our goal at EXPO is to transform lives and reshape the justice system,” said Jerome Dillard, EXPO’s executive director. “In partnership with LIFT, the Catalyst Grant allows us to do just that.”

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Claims board to decide whether to compensate Bintz brothers

Bintz Family Picture

Cindy Eastling, Isaiah Eastling, Robert “Bobby” Bintz and David Bintz (from left to right). Photo courtesy of Carla Broadnax of Jarrett Adams Law. 

David and Robert Bintz appeared at a hearing of the Wisconsin Claims Board last week, seeking compensation for decades spent behind bars before their release in September for a wrongful conviction. 

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 brothers’ attorney and the Brown County District Attorney expressed different views on a confession made by David Bintz prior to conviction. 

The Bintz brothers spent more than two decades in prison for the murder of Sandra Lison. Robert Bintz is now 69 years old and David is 70, and the brothers have faced health problems and challenges reintegrating into society. In February, Adams’ law firm sent the Examiner their compensation requests, which sought over $2 million for each brother. 

“I missed all the simple things in life that makes life beautiful,” Robert Bintz said via a statement read by his lawyer, Jarrett Adams, at the hearing. 

In April, the Examiner reported on the Bintz brothers’ return from prison and the gap in support to help exonerees in Wisconsin re-enter society. 

“We don’t know if David will still have his housing the next day,” Jarrett Adams, an attorney representing the brothers, said at the hearing. “We don’t know if David will have resources for his medical needs and medication. We don’t know a lot of things…But what we do know is that David is in need right now.”

Wrongly convicted people in Wisconsin can attempt to obtain compensation through the state law, which caps payouts at $25,000 and $5,000 per year of imprisonment. The exception is when the state Legislature approves a higher amount, which is rare. The claims board can recommend that the Legislature issue more compensation. 

Wrongly convicted people can also try to obtain a payout through a lawsuit. The Examiner previously reported that Adams said the brothers might not have an opportunity to get compensation if the state does not award it.

“This may be their only shot,” Adams said at the hearing. 

Brothers’ attorney, DA view case differently 

The claims board has said that the Wisconsin statute does not provide money to someone who only establishes that their conviction was vacated. The board must find that there is clear and convincing evidence of innocence, not just that a conviction was overturned. 

The statute says that the board will decide an amount of compensation for a person if it finds the person is innocent and that they did not contribute to bring about their conviction through their act or failure to act. 

Adams argued that the brothers did not contribute to their convictions. He said David had a documented learning disability and was made to sit under questioning for hours until he signed a confession. 

Brown County District Attorney David Lasee said he didn’t think it was his role to take a position on whether the Bintz brothers should receive additional funds, but he disagreed with Adams’ portrayal of the confession, saying that concern was considered during the legal process.

“…They were not charged until 12 years after the death of Ms. Lison, and that was based on statements that were made by David,” Lasee said at the hearing. “And there’s a confession from David. There’s also statements that David made to other inmates in prison, which is what prompted the investigators to come back and interview him. So that didn’t happen in a vacuum. And again, I take issue with the notion of the statement being coerced…so the defense attorney for David litigated the motion of whether it was a coercive statement that should be suppressed, and the statement obviously was not suppressed, and we proceeded to trial.”

Lasee was asked about how it was determined that the statement was not coerced. He said it was litigated but he did not recall the specifics of the decision.  

The Brown County District Attorney’s Office prosecuted the Bintz brothers with a theory of robbery and murder. 

According to the National Registry of Exonerations, when David’s trial began, the prosecution’s theory changed from the way the case had been investigated at the outset. 

“It was no longer that Lison had been robbed, raped, and killed,” the registry says. “Now, the prosecution contended that the Bintz brothers went to the bar to rob it because they felt Lison had overcharged them for a case of beer and ended up killing her because she could recognize them.”

The registry says that “by the time David’s trial began in May 2000, DNA testing had excluded both brothers from the semen found in the rape kit. Blood found under Lison’s body was not their blood, according to testing.” 

According to the registry, during closing argument in Robert’s trial, the prosecution argued that it was “‘clear that this was not a sexual assault, and whoever the donor of those spermatozoa is, [he] was not involved in this murder.’”

In 2006, the Wisconsin Innocence Project obtained additional DNA testing that confirmed blood found on Lison’s dress came from the same male whose sperm was found in the rape kit, the registry says. A motion for a new trial based on the testing was denied. 

The registry also says that police interviewed 32 year-old David Bintz and his brother, as well as a friend, Vincent Andrus. 

“David reported that Robert and Andrus had gone to the bar from David’s house during the evening to buy a case of beer,” the registry says. “Lison had sold them four six-packs for $3.50 each. When Robert and Andrus got back to David’s home, David, who was intellectually disabled, became angry because he thought Lison should have charged them for the price of a case, which was cheaper. 

“He had called the bar at one point and chewed out Lison. Some would later say he threatened to come over and blow up the tavern.”

The exonerations registry says prisoners testified that David had made various admissions to the crime. 

The registry says that when detectives interviewed David, he eventually agreed to a statement admitting he and Robert were involved and that Robert had strangled Lison. David also said he was home at the time of the crime and was not involved. 

Lasee said that he would “unequivocally state that based on the evidence that exists right now, I do not believe that the state of Wisconsin would be able to prove their guilt at trial.” 

But he said that “we did not stipulate that there was clear and convincing evidence of their innocence, because that’s not what we do. That’s not the standard we operate under.” 

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Criminal justice advocates unsatisfied with state budget

Advocates, Gov. Tony Evers and Republican lawmakers have conflicting views about the Department of Corrections funding in the 2025-27 state budget. (Photo by Caspar Benson/Getty Images)

For criminal justice advocates in Wisconsin, the new state budget leaves much to be desired. Although the $111 billion two-year budget signed by Gov. Tony Evers earlier this month will help eventually close the beleaguered Lincoln Hills juvenile prison, some feel that it missed opportunities to reform the state’s justice system. 

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’s elected officials, including Gov. Evers and state legislators, have once again failed to take meaningful action to overhaul the state’s broken and inhumane carceral system,” Mark Rice, statewide coordinator for WISDOM’s Transformative Justice Campaign, wrote in a statement released July 11. “The recently passed state budget ignores the deep harm caused by mass incarceration and falls far short of what is needed to address the humanitarian crisis unfolding inside Wisconsin’s prisons.”

Evers’ original budget proposal released in February contained a number of proposals that were removed or reduced by the Legislature’s Republican-led Joint Finance Committee, including $8.9 million to support alternatives to revocation. Another pitch by Evers for $4 million to fund community reentry centers was cut in half by Joint Finance. His proposed $3.19 million in supportive housing service beds for people under DOC supervision was removed. Over $1 million in funding for six positions on the DOC’s Americans with Disabilities Act (ADA) compliance team was also removed by JFC. 

Gov. Tony Evers signes the 2025-27 state budget early Thursday, July 3, 2025. (Photo by Baylor Spears/Wisconsin Examiner)

Evers proposed a total increase of $519 million to the  Department of Corrections budget over the next two years.  The final budget deal instead increased the DOC budget by $461 million over the two-year period. 

The budget’s capital projects plan, passed by the Legislature and signed by Evers, allocated $225 million to the Department of Corrections (DOC), as well as another $15 million towards construction planning for facilities, with the goal of closing the Green Bay Correctional Institution by 2029. 

Evers used his partial veto to strike the 2029 deadline for closing Green Bay. “We need more compromise on that,” said Evers, who added that he supports closing the prison, one of Wisconsin’s oldest, but called the timeline unrealistic: “Saying we’re going to do Green Bay by ‘29 doesn’t mean a damn thing.” In his veto message, Evers said that he objected to the Legislature “assigning a date” to close the Green Bay prison “while providing virtually no real, meaningful, or concrete plan to do so.” 

“I support closing Green Bay Correctional Institution,” Evers wrote. “Indeed, my administration spent years working on a comprehensive corrections reform plan to be able to close Green Bay Correctional Institution quickly, safely, and cost efficiently, which was included in the biennial budget I introduced months ago. I proposed a ‘domino’ series of facility changes, improvements, and modernization efforts across Wisconsin’s correctional institutions while improving public safety by expanding workforce training opportunities to reduce the likelihood that people might reoffend after they are released. Under that plan, Green Bay Correctional Institution would be closed in 2029. Instead, the Legislature sent this budget with the same deadline and no plan of which to speak.”

The fight to close old and blighted prisons

Lincoln Hills, Wisconsin’s notoriously troubled juvenile prison, which still houses 79 boys according to the DOC’s most recent population report, blew years past its own closure deadline. Now, the budget provides $130.7 million to build a new Type 1 juvenile facility in Dane County to help facilitate the closure of Lincoln Hills. Plans for a second Type 1 facility in Milwaukee County ran into roadblocks from local resistance and political disagreements in the Capitol, though the facility’s completion is still planned. 

Green Bay’s prison was originally built in 1898. Plaques embedded in its outer wall commemorate that the wall was “erected by inmates” in 1921. Over 1,100 people are incarcerated in the prison, which is designed to hold only 749, according to the DOC’s most recent weekly population report. In late June, prison reform advocates from JOSHUA, a local affiliate of WISDOM, held a monthly vigil and prayer service outside the prison, where people are held in “disciplinary separation” for the longest periods in any of DOC’s adult facilities. Protesters  included people whose loved ones have died inside the prison, some by suicide due to a lack of mental health support. In late August, 19-year-old Michah Laureano died in the prison after he was attacked by his cell mate. 

Although the budget aims to close Green Bay, how that will be accomplished remains hazy. Rice wrote that the budget “includes no plan” to close the prison, “despite overwhelming evidence that the facility is beyond repair.” Instead, Rice wrote in a statement that “some legislators continue to push for more studies and planning tactics that will only delay justice while people continue to suffer and die behind bars. This is unacceptable.”

Green Bay Correctional Institution. (Photo by Andrew Kennard/Wisconsin Examiner)

That sentiment was echoed by the Ladies of SCI, an advocacy group formed by women with loved ones at the Stanley Correctional Institution. Although the group appreciated that closing Green Bay was part of the budget discussion, “we also agree that does not mean much without funding an actual plan,” the group wrote in an email to Wisconsin Examiner. “The [Joint Finance Committee] committed that the plan presented by [DOC] Secretary [Jared] Hoy’s team in the Governor’s initial budget was ‘just an idea’ and yet, the JFC also just put an ‘idea’ in the budget. Yes, they put in dollars for a plan to be developed, but this has already been done several times over.” 

Studies for closing Green Bay, Waupun, and other old and blighted facilities have been recommended as far back as 1965, Ladies of SCI wrote in the statement. “Here we are, 60 years later, STILL discussing it. The most recent study was done in 2020 and called out almost $1 billion in projects to increase capacity across our facilities to just handle that population level…We are well above that population level today.”

The group asks, “Is $15 million actually enough to finally get tangible actions to deal with our Corrections crisis? We’d like to know what the magic combination of dollars and opinions are needed to finally address issues that have been identified over and over.” Ladies of SCI said “setting aside money for yet another study and plan development is rinse and repeat of history…The bottom line is our state’s prison population is too big for what we currently have.”

Rice concurred, writing in his own statement that prisons like Green Bay, Waupun (the state’s oldest prison where multiple deaths have occurred in recent years), and the Milwaukee Secure Detention Facility (MSDF) “are notorious for inhumane conditions and should have been shut down years ago.” Rice added that “there is no justification for continuing to pour hundreds of millions of taxpayer dollars into maintaining or expanding a failed prison system.” 

Instead, he believes that the state should commit to reducing the prison population by expanding treatment alternatives to incarceration, commuting “excessive and unjust sentences,” granting “fair access to parole and early release,” and stopping the practice of locking people up for “technical or convictionless revocations.” 

A self-explainatory sign on the Green Bay prison's outer wall. (Photo | Isiah Holmes)
A self-explainatory sign on the Green Bay prison’s outer wall. (Photo by Isiah Holmes/Wisconsin Examiner)

When Evers wrote his message vetoing the deadline for closing Green Bay, there were 362 people working at the prison and more than 1,100 incarcerated adults. “As of this writing, Wisconsin has the capacity to house 17,638 individuals at its correctional institutions but there are 23,275 people living in [DOC] institutions across Wisconsin;” Evers wrote, “the Legislature provides no steps whatsoever to stabilize the state’s skyrocketing prison population.” 

Referring to the saga of Lincoln Hills, Evers added, “Wisconsin already has about a decade’s worth of painful experience learning how well it works in practice to set unrealistic, artificial timelines and due dates for closing prison facilities without a complete and thorough plan for implementation. It would be foolish and dangerous to attempt to take a similar approach with a maximum-security institution like Green Bay Correctional Institution.”

Alternatives to incarceration 

Just over one-third of the 2,727 new prison admissions statewide between January and April were people sent back to prison for issues like violating the rules of community supervision, and without a new crime committed or sentence issued, according to the DOC’s dashboard. Over the same period of time, there were more than 63,435 people on community supervision, probation, or parole.

Sean Wilson, senior director of organizing and partnerships at Dream.org, criticized the cuts to proposals to expand alternatives to incarceration, “clean-slate” legislation and expungement reforms that were left out of the final budget deal. “I think that there continues to be a lack of re-entry investments, which should be pretty high on the list,” Wilson told Wisconsin Examiner. For years, criminal justice advocates have pushed for support for housing, access to mental health care and jobs, “those things were not included in the budget.” 

With less than 3,000 people housed between Green Bay, Waupun, and MSDF, Rice feels that “these prisons could be emptied and closed within months” and that “doing so would not only alleviate human suffering but it would also free up critical resources” which “must be reinvested in the communities most harmed by incarceration.” From providing living-wage jobs and stable housing to creating educational opportunities and violence prevention, Rice wrote in his statement, “that is how we build true public safety.”

The path forward is clear: Care, not cages. Communities, not prisons.

– Mark Rice, statewide coordinator for WISDOM’s Transformative Justice Campaign

Wilson declared that “the biggest elephant in the room” was that “there’s no real movement on closing outdated prisons or reducing the DOC’s footprint.” He stressed that “we are beyond design capacity…with 5,000 additional bodies [beyond the number] this system was designed for.” Without a concrete roadmap and deadline, he says the budget commitment to closing the Green Bay prison doesn’t mean much.  

Over 20 years ago, Wilson spent time in the Green Bay prison, which he remembers as “a dilapidated hellhole…It was a trauma pressure cooker in my opinion.” 

“But the fact that they’re talking about just studying it, that really made me livid as someone who spent time in that facility, and is currently in communication with many individuals who are still housed there today,” he added.

Lincoln Hills detention facility
Lincoln Hills, a detention facility the state has ordered closed by 2021. (Photo courtesy of the Wisconsin Department of Corrections)

Wilson said he doesn’t see focused funding to reduce racial disparities in incarceration, nor is there funding to support people who have been directly impacted by the criminal justice system and are trying to lead a reform effort. “I think if you look at the movement at large for the last 20 years, it’s been led by directly impacted leadership,” said Wilson. “Because we believe in the words of Glenn Martin that those closest to the problem are closest to the solution.” People with personal experience need to be brought to the table to offer both critiques and solutions, he said. 

Ladies of SCI called the building plans in the budget “just one of the steps our lawmakers must take to address things,” and pointed to separate legislation introduced by Republican Senator Andre Jacque (R-DePere) and Rep. Paul Tittl (R-Manitowoc), which the group believed would have put needed investments into rehabilitation “instead of warehousing people in our crumbling facilities.”

Evers said the budget was an exercise of compromise and cooperation. “We need to work together,” he said after signing the budget less than an hour after the Assembly passed it.  “Compare that to what’s going on in Washington, D.C., and it’s significantly different, so I’m very proud to sign it,” Evers said of the bipartisan compromise. In order to retain $1 billion per year in federal Medicaid matching funds, legislators on both sides of the aisle worked to finalize the bill before the federal reconciliation bill was signed by President Donald Trump.

Another one of Evers’ partial vetoes stirred discussion around juvenile incarceration. The Senate version of  the budget specified that state juvenile correctional facilities would operate at a rate of $912,000 in 2025-26 per kid, per year, before increasing to over $1 million per kid per year for 2026-27. Evers’ partial vetoes lowered the rates to $182,865 per kid in 2025-26, and $275,670 per kid in the following years.

Van Wanggaard official portrait
Sen. Van Wanggaard

Over the last decade the cost of housing for each young person in youth corrections in Wisconsin has quadrupled from $303 per day in 2014 to $1,268 per day in 2024, largely due to a lower population of incarcerated youth and higher staffing needs. In his veto message, Evers objected to the Legislature’s plan to continue expanding the costs of the existing youth incarceration system during a time of “uncertainty,” and delays in closing youth prisons.  

Sen. Van Wanggaard (R-Racine) criticized Evers for using a veto to cut housing expenditures for juvenile offenders. “Evers’ veto of this provision is unsustainable and he knows it,” said Wanggaard. “The statutory daily rate is not a number that we come up with out of thin air. It’s simple math – the total cost to operate our juvenile facilities divided by the average population.” 

Wanggaard added that “up until now, a county sending a juvenile to a state facility paid for those costs…Governor Evers just decided unilaterally to turn it on its head and have the state pick up the vast majority of costs. It flips the entire funding of juvenile corrections without debate or discussion. It’s irresponsible.” Wanggaard also said that Evers’ refusal to utilize the expansion of the Mendota Juvenile Treatment Center to house more youth offenders is driving costs higher. Children can only be placed in Mendota when it’s clinically appropriate, however. The facility was never intended to replace Lincoln Hills, or augment bed space for incarcerated kids. 

In his veto message, Evers explained why he shifted the cost burden from local communities to the state, writing that he objected “to establishing a daily rate that is unaffordable to counties.” He continued that, “I have heard loud and clear from counties that the current daily rate is burdensome and will detrimentally impact public safety. Unbelievably, despite that clear message from the counties, the Legislature has chosen to increase that rate by over $1,000 per day. This increase and funding model is untenable, and counties have expressed that this unaffordable increase will have serious and detrimental effects on other county services.” Evers urged the Legislature to “revisit this issue in separate legislation and appropriate those additional GPR funds to the department.”

Criminal justice advocates around the state say viable solutions must go beyond incarceration. Lincoln Hills continues to be under a court-ordered monitor due to a successful lawsuit that brought attention to the harms done to both incarcerated youth and reports of abuse within the facility. Waupun’s prison has yet to recover from a string of deaths which ultimately led to charges against the prison’s warden and several staff. Green Bay is also notorious for inhumane conditions and deaths behind bars. 

“We don’t need more studies, we need action,” said Wilson. 

When he was incarcerated at Green Bay between the years 2000 and 2005, he added, “I watched people get battered by each other. I saw individuals get beaten by staff. I see the paint peeling, the walls are sweating. The prison cells are outdated. You’re talking about a facility that was built in the 1800’s…And you’re putting people in this facility in 2025 and you are expecting them to come home sane. You are expecting them to navigate this space in a rational way. You expect them to interact with one another in a humane way when you are housing them, or caging them, as if they were animals. Wisconsin should stop wasting taxpayer money by keeping people in cages that should’ve been shuttered decades ago!” 

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Public pushes DOC to apply law, reduce the number of people returned to Wisconsin prisons

Waupun prison

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 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 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%. Update: DOC disputes the 60% figure, saying about half of those included in that number are people whose revocation was related to the commission of new crimes.

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. 

WISDOM protesters rally against lockdowns at two state prisons. (Henry Redman | Wisconsin Examiner)

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.”

People on supervision are trying to live. 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.

– Marianne Oleson, operations director for Ex Incarcerated People Organizing (EXPO)

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 | Screenshot via Zoom

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.

Hands grasping bars in jail or prison
Getty Images

“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 | Screenshot via Zoom

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.  

Update: DOC spokesperson Beth Hardke responded to this story on Tuesday, July 15: “The idea that 60% of Wisconsin’s prison population is incarcerated for rules violations is simply untrue but it’s a common misinterpretation of the data.” She pointed to DOC’s prison admissions dashboard which shows 27.3% of people admitted to Wisconsin prisons over a one-year period are described as “revocation new sentence” while 32.5% described as “revocation only.” Taken together, those numbers represent about 60% of admissions. But, Hardke writes, about half of them were convicted of a new crime resulting in a new sentence, not for violating supervision rules. This story has been updated to include that response. 

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Department of Corrections holds hearing on 2014 law offering alternatives to revocation

Key in Jail Cell Door

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 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 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

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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.

Wisconsin Books to Prisoners, Dept. of Corrections run pilot program for used books

Books

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. 

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.

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. 

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Prison reform advocates rally at GBCI, aging prison’s future unclear

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 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 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].”

Protesters hold a vigil outside Green Bay Correctional Institution Monday, June 23 2025 | Photo by Andrew Kennard/Wisconsin Examiner

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.” 

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Lawmakers cut a tribal liaison with prisons from the budget. Tribes say they think it would help. 

Flags of the 11 Native American tribes of Wisconsin in the Wisconsin State Capitol | Photo by Greg Anderson

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.

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.

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.

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Advocates ‘back to square one’ on prison oversight advocacy 

Green Bay Correctional Institute

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 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 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. 

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