The Wisconsin Department of Corrections Madison offices. (Photo by Henry Redman/Wisconsin Examiner)

The Wisconsin Supreme Court ruled Tuesday that the state’s correctional officers can sue the Department of Corrections as a class in an effort to get compensation for the time it takes the officers to be screened by security when coming to and leaving from work. 

In 2020, an officer filed a class action lawsuit against DOC arguing that the pre and post shift activities should be compensated. A Milwaukee County judge divided the case into two parts, separating the certification of correctional officers as a class from the evaluation of their argument on the merits. 

The circuit court judge granted the motion for class certification but that decision was reversed by the court of appeals, which ruled that the officers couldn’t be certified as a class because their argument was unlikely to be successful. 

In a majority opinion written by Justice Janet Protasiewicz, the Court reversed the appeals court’s decision, stating that to certify a class action lawsuit a judge must determine if the group at issue has a common question without evaluating the answer to that question.

DOC-ClassAction

“There is a difference between identifying whether a common question exists and deciding its answer,” Protasiewicz wrote. “A court ‘must walk a balance between evaluating evidence to determine whether a common question exists and predominates, without weighing that evidence to determine whether the plaintiff class will ultimately prevail on the merits.’”

Protasiewicz’s opinion was joined by Justices Ann Walsh Bradley, Rebecca Dallet, Brian Hagedorn and Jill Karofsky. Chief Justice Annette Ziegler wrote a partial concurrence, which was joined by Justice Rebecca Bradley. 

The attorney for the DOC officers who brought the case said in a statement that his clients appreciate the Court’s decision.

“Our clients appreciate the Wisconsin Supreme Court’s well-reasoned decision reversing the Court of Appeals and reinstating the Circuit Court’s decision to certify a class of Wisconsin corrections officers,” the attorney, Michael Flannery, said in the statement. “Corrections officers are the largest officer force in the State of Wisconsin, and do a vital and incredibly difficult job. It is simply unfair that, for years, Wisconsin has forced them to do unpaid work before and after their shifts. We look forward to litigating this case through trial and getting some of Wisconsin’s hardest workers the economic justice they so deserve.”

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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.” 

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Wisconsin incarcerates more people per capita than the majority of countries in the world, including the United States. 

Wisconsin Watch and other newsrooms in recent years have reported on criminal charges against staff following prison deaths, medical errors and delayed health care and lengthy prison lockdowns linked to staffing shortages in Wisconsin prisons.

The state prison population has surged past 23,000 people, with nearly triple that number on probation or parole. Meanwhile, staff vacancies are increasing again across the Department of Corrections.

A reader called this situation a “mess” and asked how we got here and what can be done to fix it.

The road to mass incarceration

The first U.S. prison was founded as a “more humane alternative” to public and capital punishment, prison reform advocate and ex-incarceree Baron Walker told Wisconsin Watch. Two years after Wisconsin built its first prison at Waupun in 1851, the state abolished the death penalty.

For the next century, Wisconsin’s prison population rarely climbed above 3,000, even as the state population grew. But as America declared the “War on Drugs” in the 1970s and set laws cracking down on crime in the ‘80s and ‘90s, Wisconsin’s prison population began to explode.

“In the early 1970s … the rise in incarceration corresponded fairly closely with increases in crime,” said Michael O’Hear, a Marquette University criminal law professor. “The interesting thing that happened in both Wisconsin and the nation as a whole in the ‘90s is that crime rates started to fall, but imprisonment rates kept going up and up.”

According to O’Hear, Wisconsin was late to adopt the “tough-on-crime” laws popular in other states during that era. But by the mid-1990s, the state began to target drug-related crime and reverse leniency policies like parole. 

“There was a period of time in which Milwaukee was just shipping bazillions of people into prison on … the presumption of being a dealer with the possession of very small amounts of crack cocaine,” UW-Madison sociology Professor Emerita Pamela Oliver said. She cited this practice as one of the reasons Wisconsin’s racial disparities in imprisonment are the worst in the nation.

Starting in the late 1990s and 2000s, Wisconsin’s “truth-in-sentencing” law, which requires people convicted of crimes to serve their full prison sentences with longer paroles, resulted in both a cycle of reincarceration and a large prison population full of aging inmates with low risk of reoffending.

Then in 2011, the anti-public union law known as Act 10 caused a mass exodus of correctional officers as working conditions in the state’s aging prisons continued to deteriorate.

Extended supervision

Along with mandating judges impose fixed prison sentences on people convicted of crimes, truth-in-sentencing requires sentences to include an inflexible period of “extended supervision” after a prison term ends. This is different from parole, which is a flexible, early release for good behavior and rehabilitation.

Judges often give out “extraordinarily long periods of extended supervision,” according to Oliver, at least 25% of the incarceration itself by law and often multiple times that in practice. To her, it is simply a “huge engine in reincarceration.”

According to DOC data, of the 8,000 people admitted to Wisconsin prisons in 2024 more than 60% involved some kind of extended supervision violation, known as a “revocation.” Half of those cases involved only revocation.

Extended periods of supervision after release from prison do little to improve public safety, research suggests. The long terms “may interfere with the ability of those on supervision to sustain work, family life and other pro-social connections to their communities,” Cecelia Klingele, a University of Wisconsin-Madison Law School professor of criminal law, wrote in a 2019 study examining 200 revocation cases.

Substance abuse problems contributed to technical revocations in an “overwhelming majority” of cases, Klingele wrote, because “agents have few options to impose meaningful sanctions other than imprisonment.” 

“Fewer, more safety-focused conditions will lead to fewer unnecessary revocations and more consistency in revocation for people whose behavior poses a serious threat to public safety,” Klingele added. 

Streamlining the standard supervision rules would require the Legislature to act.

Oliver attributes Wisconsin’s high rates of revocations to parole officers failing to reintegrate people into society in favor of playing “catch-somebody-offending.”

“You get reincarcerated, (and) all that time (in prison) doesn’t count,” Oliver said. “You can stay on a revolving door of incarceration and extended supervision for five times longer than your original sentence.”

People behind the statistics

The factors behind both crime and incarceration are complex, with socioeconomic factors relating to poverty, race, location and more increasing the chances of contact with the judicial system. 

According to O’Hear, overall crime rates began increasing in the ‘90s during the War on Drugs in part due to prosecutors “charging cases and plea bargaining more aggressively.” 

A study by the Equal Justice Initiative found that plea bargaining perpetuates racial inequality in Wisconsin prisons. White defendants are 25% more likely than Black defendants to have charges dropped or reduced during plea bargaining, and Black defendants are more likely than whites to be convicted of their “highest initial charge(s).”

In the 53206 Milwaukee ZIP code where Baron Walker grew up, nearly two-thirds of Black men are incarcerated before they turn 34. Recalling his youth, Walker said “it seemed like almost all the males in my family were incarcerated at one point in time.”

During his time in the prison system, which included stints at Waupun, Columbia and Fox Lake correctional institutions, Walker struggled with accessing his basic needs.

“Their water came out black, dirty. It had a stench,” Walker said. “It sinks into your clothing, even when you wash them … you consume this water, it’s what they cook the food with.”

Water quality in Wisconsin prisons has been a consistent concern of inmates and activists in the past 15 years. Despite multiple investigations into lead, copper and radium contamination at these maximum- and medium-security prisons, recent reports found unhealthy radium levels in the drinking water — with no free alternatives.

“They would microwave the water (at Fox Lake) and the microwaves would spark up and blow out,” WISDOM advocate Beverly Walker, Baron’s wife, told Wisconsin Watch. “The water at the time was $16 to just get a case of six bottles of water … it so ridiculously high.”

EX-incarcerated People Organizing (EXPO) of Wisconsin peer support specialist Vernell Cauley’s issues within Wisconsin prisons were more personal. His daughter died during his intake into Dodge Correctional Institution, and Cauley wasn’t allowed a temporary release to attend her funeral. 

“It had some deep effects on me,” he said. “Some of the things I didn’t realize I had until I was actually released, when you understand that you didn’t get the proper time to grieve.”

Cauley was put in solitary confinement during that time, and for three months total over the course of his prison stay. According to DOC data, the average stay in solitary confinement across Wisconsin prisons is 28 days, though that’s down from 40 days in 2019.

Furthermore, inmates who struggle with mental illness are overrepresented in solitary confinement across U.S. prisons. Multiple inmates have committed suicide due to long stints of solitary, particularly during recent prison lockdowns.

Working conditions

Joe Verdegan, a former Green Bay correctional officer of nearly 27 years, said he and most of his coworkers “conducted (them)selves pretty professionally” and “always had a lot of respect” for inmates. This respect went both ways, he said, because guards built relationships with inmates for decades at their post.

According to Verdegan, being a correctional officer used to be a “career job” where “nobody left.” Despite the dangers and odd work hours of the post, the guards had a strong union and good benefits and could climb up the ladder as they gained seniority. 

But it “all went to hell” after Act 10 was passed.

Senior staff left in droves, leaving remaining guards with 16-hour shifts and “bad attitudes” that perpetuated the worsening work culture, Verdegan said. Religious, medical and recreational time was cut for inmates due to staffing shortages, and the respect between correctional officers and prisoners dwindled.

“When you’re not getting out for chapel passes or any of that kind of stuff, it just builds that hostility,” he said.

The changes caused Verdegan to retire from corrections at 51, earlier than planned. He and many of his friends took financial penalties by retiring from the Department of Corrections early and ended up working other jobs at bars, grocery stores and factories. 

They also went to funerals. Many former coworkers “drank themselves to death” due to their experiences within corrections, Verdegan said.

Coming home

In 1996, when Walker was sentenced to 60 years in prison for his role in two bank robberies, no one expected him to serve more than a third of his sentence —  not even the victims. 

But when truth-in-sentencing passed, mandating judges to impose definite, inflexible imprisonment lengths on people convicted of crimes, Walker’s hopes for an early release quickly disintegrated.

Walker was released from prison in 2018 on probation, an alternative to incarceration offered on condition of following specific court orders. He was released after being denied parole six times in the seven years since he first became eligible.

In the aftermath of Walker’s imprisonment, he and Beverly have had their “most beautiful days,” along with some trials. Walker said he has struggled to adjust to independent living, and he would have been at a “complete loss” for adapting to 20 years of technological change if he hadn’t studied it in prison.

“You are programmed and reprogrammed to depend on someone for your anything and everything, whether it be your hygiene products, the time you shower, your mail, your bed, your bedding, your food,” Baron said. “Now, suddenly, you cross out in(to) society … and you’re told now as an adult you’re responsible for your independence, your bills, your clothing, your hygiene, your everything.”

Walker has also struggled with finding employment, despite earning “a litany of certifications and degrees” in food service, plumbing, welding, forklift operating and more while incarcerated. He said the DOC’s reentry programs need “overhaul” and more companies should be encouraged to hire formerly incarcerated people.

As of 2021, Wisconsin spent $1.35 billion per year on corrections, but only $30 million on re-entry programs. Less than a third of the re-entry funding is allocated for helping ex-prisoners find jobs — even though studies show employment significantly decreases the likelihood of reoffending.

Looking ahead 

To Oliver, a significant barrier to solving issues within the prison system is changing sociopolitical attitudes.

“People imagine that if you’re punitive enough, you will have no crime,” Oliver said. “It’s really hard to get the general public to realize you ultimately reduce crime more by creating the social conditions that help people live productive lives without committing crime.”

O’Hear believes a key solution to problems within Wisconsin prisons is addressing the “mismatch” between large prison populations and available resources. He argues that “for a couple generations now, there’s been more of a focus on cutting taxes than on adequately funding public agencies” like the DOC.

O’Hear also said that judges should consider shorter prison sentences because “most people age out of their tendency to commit crimes” and that there should be “more robust mechanisms,” such as more compassionate release and parole laws for elderly inmates.

“We have people in prison in their 50s and their 60s and their 70s and even older who are really past the time when they pose a real threat to public safety,” O’Hear said. “Health care costs alone for older prisoners are a tremendous burden on the system, and they’re contributing to overcrowding.”

The Walkers are continuing their advocacy for prison reform by opening up the Integrity Center, which supports incarcerated and formerly incarcerated individuals with navigation, re-entry, employment assistance and more. They also advocate permanently shutting down aging prisons such as Green Bay and Waupun correctional institutions.

“All of our people who are eligible for release should be released, and people who are eligible to move into minimum facilities should be moved,” Beverly Walker said. “We don’t need any new prisons if we just utilize what we have.”

Verdegan said that he doesn’t believe the Legislature will ever pass a bill closing Green Bay in his lifetime and that “both political parties are to blame for this mess they’ve created with the Wisconsin DOC.” “Throwing money” at corrections officer positions will not fix staffing vacancies, he said, without the guarantee of eight-hour workdays and adequate job training.

He and Cauley both said supporting the mental health of prisoners before and after incarceration is key. Verdegan supports training staff to work with mentally ill prisoners. Cauley would rather see prison abolished altogether.

“Most people who end up in prisons, they have things going on mentally, these issues not getting met,” Cauley said. “Prison only makes people bitter, more angry … you know, it traumatizes them.”

Correction: This story was updated to reflect the average stay in solitary confinement is 28 days. Also 60% of the more than 8,000 people entering prison in 2024 involved a revocation, but half of those cases also involved a new crime.

Why is Wisconsin’s prison system such a ‘mess,’ and what can be done to fix it? is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

“Republicans would rather have a talking point and try to portray themselves as tough on crime, when really what they are is very stupid and wasteful on crime," Sen. Kelda Roys said. (Photo by Baylor Spears/Wisconsin Examiner)

GOP lawmakers on the Joint Finance Committee approved a proposal for the Department of Corrections that includes an additional $62.9 million in state spending in 2025-26 and $73.8 million in 2026-27 as well as 18 new staff positions. The proposal was less than a third of the $500 million corrections proposal released by Gov. Tony Evers earlier this year, which he argued was necessary to pass in full in order to accomplish  the closure of the Green Bay Correctional Institution.

Evers’ plan, when released, included plans to overhaul the state’s correctional facilities, including closing GBCI, closing Lincoln Hills School for Boys and Copper Lake School for Girls and renovating other facilities as well as expanding earned release and taking steps to address recidivism rates.

Committee co-chair Rep. Mark Born (R-Beaver Dam) said GBCI, which was built in 1898, won’t be discussed until the committee takes up the capital budget later this week. He said the last budget helped reduce staffing shortages and that legislators want that work to continue with the portions of the budget taken up on Tuesday.

“As I’ve talked to the prisons in my district, they’re happy to see that their recruit classes are much larger, and the vacancies are about half of what they were prior to the last budget, so we think that’s working well,” Born said. “The next phase of this is to talk about the capital budget investments, which will happen on Thursday.” 

The proposal passed by committee Republicans also includes additional investments in the state’s adult institutions, including $65 million across the biennium for inmate costs, $4 million for contract beds, $5 million for fuel and utilities costs and $292,600 for body cameras. Fox Lake Correctional Institution would get 2.1 million in funding and 16 health care related positions. 

Democrats on the committee said the money allocated wouldn’t be enough to lay the groundwork for major reforms to Wisconsin’s correctional system, including shutting down the GBCI. They had introduced a motion that would have added $268.9 million in spending to corrections and 59 staff positions.

Sen. Kelda Roys (D-Madison) noted that previous budgets have spent more on incarceration than on the state’s public universities, and that Republicans’ proposal is half of what Democrats wanted to spend on community reentry. 

“Wisconsin is woefully behind the times when it comes to public safety reform and on criminal justice reform,” Roys said. “What’s disappointing about this is to see that we are going to continue to fall far behind. We spend so much money incarcerating people, and that means less money for all the other important things that we want to do in the state.”

Centers dedicated to community reentry will get an additional $1 million under Republican’s proposal.

The centers, Roys said, are a “proven way to reduce recidivism” meaning “reducing the crime as people move back into society.” She also added that the proposal included “no money for supported housing, which we know is one of the biggest barriers for people who are coming out of incarceration and re-entering the community.” 

Roys told reporters after the meeting that the state is incarcerating too many people, and said Evers’ plan would have helped address policy changes that need to be made to progress towards closing GBCI. 

“We don’t have the capacity and the programming and the staffing and the facilities to allow people to successfully reenter and we’re also taking [people] back out of the community after they’ve already re-entered for really minor technical violations. There are a lot of different things that we can safely do to help reduce and right size the prison population… The governor has proposed these things,” Roys said. “Republicans would rather have a talking point and try to portray themselves as tough on crime, when really what they are is very stupid and wasteful on crime.” 

Born said the budget proposal voted on Tuesday was focused on the services already provided by the state and not inserting policy into the budget. He said the committee was doing what it needed to to invest in public safety.

“It’s super expensive, and it is what it is because it is a super important part of public safety,” Born said. “Nothing to be sad or upset about and as I would hope most folks know the discussion on the future is in the [capital budget].” 

The committee also took up the budgets for district attorneys and public defenders. 

The Republican proposal approved on Tuesday adds 42 new assistant district attorney positions, costing $3.5 million in 2025-26 and $2.7 million in 2026-27. The counties with the most new positions include Brown with seven new positions, Waukesha with six positions and Fond du Lac with four. Milwaukee County would get no new positions and Dane County would get one additional position. 

Republican lawmakers on the committee said the proposal was based on a workload analysis of the Wisconsin District Attorneys Association and should bring the state up to 80% of the staffing in the study. Roys disputed this, noting that Evers based his proposal on the same study, finding that 47 positions would be needed to bring the staffing to 70%.

Roys said the motion was a “nod in the right direction” but said it was missing commensurate increases for public defenders.

“You can have prosecutors charging and charging and charging all day, but if you don’t have defense attorneys, then people are going to languish in jail,” Roys said. “These cases are going to continue to sit there and not get resolved, and we’re going to see that backlog increase.” 

Roys also criticized the motion for including no new positions for Milwaukee County, the state’s most populous county, and only one new position in Dane County, the second most populous county. She also expressed concern that Republicans were not considering that federal funds that are currently supporting 30 assistant district attorneys across 28 counties are set to be expended in July. 

“The loss of federal funding, I think in some counties, this is going to be very problematic,” Roys said. 

“It’s like a 10% increase. What other agencies here are we giving a 10% increase?” Born said. “This is a priority. This is a key investment. I think it’s a positive thing that we were able to do there, but I’m not gonna cry over all our buddies that got ARPA money, [but] didn’t get it now.”

The positions would be anticipated to start in October.

The Republican motion also included investments of nearly $2 million in 2025-26 and nearly $4 million in 2026-27 for pay progression increase for assistant district attorney and deputy district attorneys. The State Public Defender’s office would get $1.9 million in 2025-26 and $3.8 million in 2026-27 for pay progression.

Other investments for district attorneys and public defenders included $3.5 million to upgrade the case tracking system for prosecutors and $858,400 and $922,4000 and 12.5 positions to address workload issues.

The committee also took up the portions of the budget for the Department of Military Affairs, the Public Service Commission and the budget management. 

UW budget delayed as deadline approaches

The committee did not take up the budget for the University of Wisconsin system, even though it had been scheduled. 

Marklein said leaders “decided not to take it up today” and the co-chairs declined to comment on rumors that lawmakers were preparing a significant cut to the system’s budget.

Roys said she had also heard that Republicans were preparing an $87 million cut to the system and said it would be a “non-starter” for Democrats on the committee.

“The university over the last generation has seen their budget shrink and shrink. They have not gotten inflationary increases, and they’ve had cuts,” said Roys, whose district includes the UW-Madison campus. “What they had asked for in this budget session would help make them whole from the cuts that they have endured over the last 15 years.” 

Roys also said that she thought Republicans were having “difficulty deciding whether they want to walk the plank on making cuts to education.” 

“When we do not fund public education, which is again the No. 1 thing that Wisconsinites have asked for consistently over the years, we are going to end up with a state where nobody wants to live,” Roys said. “We can fund prisons all we want, but ultimately, funding early childhood, funding education, funding higher [education] is how we make Wisconsin a great place to live.”

Marklein said he and his colleagues are trying to get the budget passed before the June 30 deadline. 

Republicans will be facing a small vote margin if they try to pass the bill with only Republican support. Two members of the Senate have already expressed concerns about the budget crafted so far by the Joint Finance Committee. 

Sen. Chris Kapenga (R-Delafield) said that he sees three options: accepting Evers’ budget, approving the one being drafted by the Joint Finance Committee or leaving the current budget in place. 

“Unless something improves, I am going with option #3,” Kapenga wrote. 

Kapenga said the JFC budget so far includes “unnecessary spending without any reforms that would improve the budget process or dig into wasteful spending currently in place” and said that it would be a major risk to send the budget to Evers because the state Supreme Court hasn’t curbed his veto power.

Kapenga said letting the current budget stand would mean “the lowest spending increase in a decade” and would “have no veto pen risk.” 

Sen. Steve Nass (R-Whitewater) had already encouraged the state Legislature last month to either pass no new budget or “a very small mini-budget.” He has a history of voting against the state budget.

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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.

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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. 

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Victor Garcia in a photo from his Facebook page | Photo courtesy the Garcia family

Months after a suicide attempt at Columbia Correctional Institution, an online court database indicates that Victor Garcia, 34, died on April 5. 

His sister, Susan Garcia, said her brother was removed from a ventilator and died from complications from his attempt to hang himself on July 19 in a Columbia Correctional Institution shower. At the time, Garcia was on clinical observation because he said he was feeling suicidal.

Garcia gave the Examiner access to records her family received from the Wisconsin Department of Corrections, including incident reports that provide accounts from the day of Garcia’s suicide attempt. 

Questions remain about the purpose and origin of the tether Garcia used in the suicide attempt, as well as why an officer waited for a supervisor and did not immediately remove the tether when Garcia was found. 

The Wisconsin Department of Corrections has received notice of an anticipated lawsuit being filed against the department on behalf of Victor Garcia, DOC communications director Beth Hardtke said in an email in response to questions from the Examiner. DOC practice is not to comment on matters relating to pending or ongoing litigation, Hardtke said. 

Attorney Lonnie Story said he plans to file a lawsuit involving Victor Garcia’s attempted suicide at the facility. He said he needs to obtain more information before filing a suit. 

Garcia’s prison sentence and mental health strugles

In March 2008, when he was 16, Victor Garcia was found guilty of criminal trespassing in a dwelling, battery, disorderly conduct and a domestic abuse incident. He was sentenced to two years of probation. Garcia’s probation was revoked in July 2008, and in August he was sentenced to nine months in jail. 

When he was 18, Garcia was found guilty of being party to a crime for burglary and being armed with a dangerous weapon, causing substantial bodily harm and two counts of armed robbery with use of force. He was sentenced to over 20 years in prison. 

Garcia was placed in clinical observation on July 8. According to records provided by Susan Garcia, Victor Garcia was placed there because he told security staff and psychological services that he was feeling suicidal. 

An incident report said that Garcia stated he was using psychological services to remove himself from general population status “due to fears that he was being targeted as an informant.” Susan Garcia said her brother had suicidal thoughts and had been threatened by another incarcerated person. 

In the two days prior to his suicide attempt, Garcia did not engage with staff during multiple attempts to evaluate him. According to a review on July 16, Garcia said he felt depressed and felt like dying every day. 

The report said it appeared other members of the psychological services team had recommended exploring a stabilization referral for Garcia to the Wisconsin Resource Center (WRC). WRC provides treatment for severe impairments in daily living caused by mental health challenges. Susan Garcia believes her brother should have been sent to WRC earlier in his time in prison. 

According to a mental health report dated July 19, Victor Garcia was to be monitored every 15 minutes. 

Under the DOC’s clinical observation policy, the frequency with which a patient is monitored can vary. Depending on the level of risk, a patient might be observed at 15, 10 or 5-minute intervals, or constantly. 

According to an incident report by Psych Associate Chastity Drake, Drake thought she heard someone from the clinical observation area “yell they were ‘going to hang’ themselves.” She was unsure who it was. Her report was dated July 19, with an incident time of 2:30 p.m. 

Drake asked who had yelled, and the clinical observation checker told her who it was. The name is redacted in the incident report. Drake stopped at a door to check with that person about whether he was the person who had yelled about hanging himself, and he denied it. 

In front of the shower, Drake reported she “heard a man yelling and it sounded like the voice heard earlier. Due to PIOC going into shower, this writer determined she would touch base with him after the shower.” 

Garcia had access to a ‘tether’ 

At 2:30-3 p.m., Drake followed the observation checker to check in with Garcia, who was seated on the floor with his back against the door, according to her incident report. Drake could see a “tether” around his neck. She began to bang loudly on the door, yelling “Garcia.” He did not respond. 

Both ends of the tether were secured to the shower door near the shower drain.

Another incident report was completed by correctional officer Anthony Rego, who drove to the hospital where Garcia was treated. He wrote in the report that he’d learned Garcia had been in the shower for approximately 40 minutes, and at some point had the tether around his neck. 

It is unclear if the tether was meant to be attached to the shower door. One incident report said Garcia had used “the tether that was attached to the shower door.” An incident report by correctional officer Tyler Peterson also mentions a tether.

In his report, also dated July 19, Peterson wrote that he was assisting with removing and escorting Victor Garcia from a cell to the observation shower. Once he was in the shower and the door was shut, another correctional officer “removed the tether and wrist restraints,” he wrote. 

Family member questions why Garcia was left tethered while unresponsive 

An incident report by Courtney Schmidt, a licensed psychologist, states she was in RH1 at approximately 2:30 p.m. Schmidt’s report states that she and Drake were waiting to check in with Garcia to assess him for risk and that at the time, he was naked in the shower.

Schmidt wrote that as they walked back to the clinical observation shower, she saw Garcia hanging from the tether. He was unresponsive and she could see that the tether “was wrapped tightly around his neck.” 

Drake began to pound on the shower cell door, and the officer accompanying them called for a “supervisor/help over his radio.” Drake left to go and wait for help in the front, while Schmidt stayed with Garcia. She wrote that she saw his belly slightly moving. 

Schmidt asked the officer if he could take the tether off, “but he stated ‘I am not taking it off until a supervisor comes.’” He then called again over his radio, and Schmidt waited until help arrived. 

In an interview with the Examiner, Susan Garcia questioned the decision to wait for another person to arrive. She thinks the door should have been  opened, and staff should not have waited to assist her brother, “if you obviously see something’s wrong.”

Drake wrote that she heard the officer call for help and went to the clinical observation table to wait for help to arrive. She wrote that “the response appeared delayed due to other high priority events happening at the same time.”

“This writer went to find help and ran into Dr. Stange and Sgt. Ferstl,” Drake wrote. “Sgt. Ferstl and moments later Lt. Laturi and support staff rushed to the clinical observation shower. I observed as the PIOC was removed from cell and began to receive medical treatment.”

In his incident report, supervising officer Steven Laturi wrote that he was working as a shift supervisor. At about 2:40 p.m., he was responding to another emergency in Restrictive Housing Unit 1 (RH1) when he heard a radio call for a supervisor to report to the observation area. 

Laturi wrote that he was unable to respond immediately because he and a team were responding to someone else, whose name was redacted in the report. This person was in a restraint chair in a program cell, and he had tipped his restraint chair back and removed his legs from it. 

According to Ferstl’s incident report, he was assisting Laturi and completing inventory when Drake came out from the RH1 observation area and told staff that Garcia was unresponsive. He reported that at around that time, the observation check officer made a radio call, asking for a supervisor to come to the observation area for an inmate who was harming himself. 

Ferstl wrote that he arrived in the RH1 observation area and saw Garcia sitting upright at the shower door. He tried to get Garcia’s attention, but Garcia was unresponsive. Ferstl made a radio call for a supervisor to report to the observation area. 

Ferstl then “unsecured one end of the door tether which removed the tether’s tension,” he wrote, allowing Garcia to rest in a lying position near the cell door. Ferstl made another radio call, asking the health services unit to report to RH1 immediately. 

How Garcia described himself

Garcia has a profile on penacon.com, a website for finding an incarcerated pen pal. Susan Garcia said her brother set up the profile, which includes photos of artwork. 

Garcia described himself as “an avid reader that enjoys educating, empowering & entertaining myself mentally in a place designed to break the mind, body & spirit.” 

He wrote that being incarcerated at 17 “forced me to mature fast.” “When I’m out,” he wrote, on his bucket list was traveling the Atlantic, Gulf and Pacific coasts, experiencing the life of different cultures through food. 

“He would call my kids almost every day,” Susan Garcia said. “Weekly, definitely weekly. He would send them gifts. He loved kids… My brother would give the clothes off his back for you. He was emotional, but hid it. He hid it very well.” 

Further information not yet available 

According to the DOC’s mental health training policy, the department’s division of adult institutions (DAI) is supposed to provide annual update training in suicide prevention to all DAI staff who have contact with incarcerated people. DAI facilities are also supposed to conduct drills simulating a suicide attempt by an incarcerated person and staff response.

On April 17, the Columbia County Sheriff’s Office said it could not release any information pertaining to the investigation at this point. The investigation was being reviewed by the Columbia County District Attorney’s Office, and additional investigation may need to occur. On May 23, the sheriff’s office said there had been no change in the status of the case. 

On May 21, the Examiner submitted a public records request to the Wisconsin Department of Corrections, asking for any records produced by any DOC investigation of Garcia’s death.

The DOC denied Susan Garcia access to body camera and security camera footage of Victor Garcia’s suicide attempt, citing security concerns and the public interest in protecting the safety of incarcerated people and staff. 

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Waupun Correctional Institution, photographed in 2017 (Wisconsin Department of Corrections photo)

A federal civil rights lawsuit was filed Thursday over the death of Joshua Botwinski, 43, at Waupun Correctional Institution (WCI). The lawsuit named Randall Hepp and Yana Pusich as defendants, the then-warden and then-security director of the prison. 

According to the lawsuit, Botwinski suffered from a severe drug addiction and from mental illness at all times while serving his prison sentence at WCI. It says he died of a fentanyl overdose.

The lawsuit alleges prison staff known to be smuggling drugs were assigned in proximity to Botwinski. It also alleges a failure to order Botwinski into close observation until drug smuggling could be controlled. 

The DOC’s online offender locator dates Botwinski’s death on January 19, 2023. Botwinski is at least the eighth incarcerated person to die at the prison since 2023. The death of Damien Evans, 23, was at least the seventh death at the Waupun prison since 2023, according to reporting from the Milwaukee Journal Sentinel earlier this year. 

Another man incarcerated at Waupun, Tyshun Lemons, died on Oct. 2, 2023 when he overdosed on a substance containing fentanyl, the Examiner reported. 

The estate of Joshua Botwinski is the plaintiff for the lawsuit, by special administrator Linda Botwinski. The lawsuit alleges Hepp and Pusich were deliberately indifferent to a serious medical need, knowingly created a danger for Botwinski and knowingly failed to protect him from danger. It argues that their alleged deliberate indifference caused Botwinski’s death. 

In January, the Milwaukee Journal Sentinel reported that nearly a dozen prison employees had resigned or been fired since the U.S. Department of Justice’s launch of a probe into a suspected smuggling ring within the prison.  

In September, William Homan, a former facilities repair worker at WCI, pleaded guilty to smuggling contraband in exchange for bribes. A sentencing memorandum by prosecutors said the presence of contraband in WCI contributed to a “lack of institutional control.” 

In late April, Hepp was convicted of a misdemeanor and fined $500 in the death of Donald Maier, who was incarcerated at WCI. 

A sentencing memorandum by a lawyer for Hepp said that in March 2023, “conditions and actions of the inmate population created an environment that posed an immediate threat to the safety of the staff and inmates while also threatening the security of the institution.” 

The memo said Hepp put the prison in modified movement, “at times referred to as a ‘lockdown.’” 

“This led to an investigation of the conditions and a search of the institution,” the memo said. “Information and physical evidence that was developed revealed a level of corrupt behavior taking place that was historical in scope involving trafficking of illegal drugs, cellular telephones, finances, and other contraband.”

The sentencing memo from Homan’s case said the lockdown involved incarcerated people “being confined to their cells twenty-four hours a day except for medical or other emergencies.”

“As part of its efforts to reestablish control, a facilitywide search was conducted, resulting in the recovery of numerous cellular phones, controlled substances, and other contraband,” the memo said. “WCI provided information obtained from its investigation to the Federal Bureau of Investigation (FBI), which included information that WCI staff were receiving bribes in exchange for smuggling in contraband.”

The lawsuit alleges that before Jan. 19, 2023 — and therefore before the lockdown and investigation — “via the reports they received from staff, both Pusich and Hepp knew that illegal drug use was rampant at WCI, and they knew that prison staff was smuggling drugs into WCI.”

Lawsuit includes alleged timeline leading to overdose

The lawsuit alleges that on August 15, 2022, WCI officials found out that Botwinski was under the influence of drugs. Botwinski tested positive for opiates and stimulants. 

Incidents of prisoners being under the influence of drugs “is automatically reported to Pusich as security director,” and Pusich would report incidents of prisoners using illegal drugs to Hepp, the lawsuit alleges. 

Before Jan. 19, the day of Botwinski’s death, Pusich and Hepp knew illegal drug use was “rampant” at the prison, the lawsuit alleges. 

“From the reports of drug use and overdoses, they knew that inmates had an almost unfettered access to drugs in prison,” the lawsuit alleges. “Botwinski’s access to drugs in WCI was greater than his access to drugs outside of WCI.”

The lawsuit alleges that Hepp and/or Pusich assigned prison staff known to be smuggling drugs into the prison in proximity to Botwinski. It alleges that they knew placing staff who smuggled drugs into the prison in Botwinski’s proximity would lead to overdose. 

According to the lawsuit, staff observed Botlinski in his cell at about 5:10 p.m. 

“At about 6:45 p.m., Botwinski was discovered in his cell: he had been the victim of a drug (fentanyl) overdose, from which he died,” the lawsuit says. 

The Wisconsin Department of Corrections did not immediately respond to a request for comment from the Examiner. 

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• People cannot send money to Wisconsin prisoners directly. They can instead transfer funds through a company called Access Corrections. 

• The private company’s website, app, phone and in-person delivery systems are no longer working across the state. 

• Access Corrections is part of the conglomerate that also runs the prison’s phone system, which has failed in recent months.

Editor’s note, May 27, 2025: The Access Corrections website was back online on May 26. Multiple people told WPR and Wisconsin Watch they could transfer funds to Wisconsin prisoners following the restoration.

The online system Wisconsin prisoners rely on to receive money from loved ones recently crashed, leaving them unable to pay for items like extra food and hygiene products. 

The Wisconsin Department of Corrections contracts a private company, Access Corrections, to allow people outside of prison to transfer funds to those inside. Those transfers occur through the company’s app, website, phone system, mail and in-person options. But multiple people told WPR and Wisconsin Watch they could not make deposits beginning this week. 

The Access Corrections website and app display nothing more than a white screen and the message: “Sorry, the service you’re looking for is currently unavailable.”

Those who dial an Access Corrections phone number hear a recorded message saying the company can’t take deposits online or over the phone and that it is working to resolve the issue. 

In-person deposits at locations throughout Wisconsin are also unavailable, according to an affiliate’s website. It is unclear whether physical mail deposits still work. 

Access Corrections operates deposit systems nationwide, the Wisconsin Department of Corrections says on its website. The company is part of Keefe Group, a conglomerate that includes ICSolutions, which runs a glitchy prison phone system that has left Wisconsin families disconnected in recent months. 

A Department of Corrections spokesperson said she was working on a response, which did not arrive by this story’s deadline. 

The Keefe Group did not respond to multiple requests for comment. 

Robin Guenterberg typically sends his daughter at Taycheedah Correctional Institution $300 a month, with Access Corrections collecting a fee. 

His daughter, who he requested not be publicly named, uses most of that money to buy items  from the prison’s commissary. She has a chronic health condition and relies on commissary chicken and tuna packets to supplement regularly provided meals, Guenterberg said. 

The daughter has lost more than 20 pounds since entering prison late last year, Guenterberg said, adding that he and his wife purchase vending machine items during visits and make additional deposits to help their daughter maintain a healthy weight. 

If Access Corrections fails to quickly restart deposits, she may lack funds to place a commissary order for next week, Guenterberg said.

Sarah Liebzeit successfully added funds to her incarcerated son’s account late Monday night. But issues with his prison-provided electronic tablet have prevented him from spending it at Stanley Correctional Institution, she said.

“This is now another issue because the tablets have been just horrible,” Liebzeit said. 

Some incarcerated people work low-wage jobs inside their prison. Their pay falls short of covering phone calls, extra food, hygiene products and medical co-pays without outside deposits, multiple family members told WPR and Wisconsin Watch. 

Nicole Johnson said her incarcerated boyfriend earns $20 every two weeks at his Dodge Correctional Institution job. Wisconsin’s typical copay charge of $7.50 per face-to-face medical visit is among the highest in the country — more than half of his weekly earnings. 

Johnson said she tries to add $50 to her boyfriend’s account twice a month so he can purchase rice and beans to supplement regularly provided meals. 

“It’s just how I take care of him right now,” she said.

The Access Corrections crash, she added, “makes me sad because I don’t want him to be hungry all freaking week.”

Vendor failure means Wisconsin prisoners can’t buy food or other items is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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• We spoke to more than 25 people who reported problems connecting via phone calls in Wisconsin prisons. The problems began intermittently after prisons began distributing free electronic tablets in March 2024, and they have worsened more recently. 

• Tablets were supposed to improve communication and give prisoners more flexibility to call loved ones, but the private contractor who runs the prison’s communication system has failed to keep up with increased call volume.

Wisconsin prisoners have struggled to connect with loved ones for weeks and even months as a state contractor fails to keep up with increasing demand for its call and messaging services. 

The Department of Corrections last year began working with Texas-based ICSolutions, the prison system’s phone provider, to make electronic tablets free for every state prisoner. The state allocated $2.5 million to cover some of the cost. The program aims to boost quality of life behind bars by making it easier for incarcerated people to connect with their loved ones and access resources.

Intermittent problems began after some prisons began distributing the tablets in March 2024. The issues worsened this spring, prisoners and their family members say, spreading across institutions that imprison more than 23,000. 

WPR and Wisconsin Watch heard from more than 25 people experiencing connection difficulties at multiple prisons. Incarcerated people described dialing a number multiple times before getting through and waiting more than an hour for calls to connect. Family members described hearing their phones ring but receiving no option to connect with the caller; some calls have dropped mid-conversation. 

Family members are airing frustrations in a nearly 300-member Facebook forum launched specifically to discuss the phone problems.

Brenda McIntyre, incarcerated at Robert E. Ellsworth Correctional Center, traditionally calls her grandchildren every weekend. But the overwhelmed system blocked a recent check-in.

“‘Grandma, why didn’t you call me? You said you’re going to call me,’” McIntyre recalled one  grandchild asking when they finally connected. 

Phone services somewhat improved late last week, McIntyre said. But she worries about missing updates about her sister’s cancer treatment.

“It’s been a living hell,” she said.

Neither ICSolutions nor its parent company responded to requests for comment. But in an undated statement on its website, the company promised improvements in the “coming weeks,” with “significant optimization coming this summer.” The statement recommended shifting calls to “off-peak hours” — before 5 p.m. or after 9 p.m. But family members say they are not always available at such hours. 

Corrections spokesperson Beth Hardtke squarely blamed ICSolutions, saying state-run infrastructure and Wi-Fi access played no role in the issue.

“To be very clear, the quality of service that ICSolutions is providing is not acceptable to the department. If reliability and customer service do not improve, the department will be forced to reevaluate our contract,” Hardtke wrote in an email.

The statement from ICSolutions blamed “unexpected challenges” from increased demand for calls. But Hardtke said the company previously assured the department it could handle higher call volume during the rollout.

Prisoners in nine of Wisconsin’s 36 adult institutions — including all three women’s facilities — still lack tablets. The glitches affect them, too, because ICSolutions services the entire phone system, not just tablets.

The corrections department is pausing tablet distribution while trying to fix the reliability problems, Hardtke said. 

Tablets mean more calls 

Emily Curtis said she was cautiously excited when her incarcerated fiance gained access to a tablet at Stanley Correctional Institution.

He previously could call only from the prison’s landlines and during limited hours. The tablet enabled calls most anytime, even during lockdowns. For about two months, the two talked daily — right before Curtis fell asleep and right after she woke up.

“It was great,” Curtis said. “Until everything kind of hit the fan.”

Wisconsin is not the only state prison system that has issued tablets. 

Unlike some states, however, Wisconsin allows people to make calls from their cells and doesn’t limit the number of calls they can make, Hartdke said via email. That policy, which the department communicated to ICSolutions during contract negotiations, naturally increased call volume, she added. 

Calls from Green Bay Correctional Institution, for instance, increased by nearly 200% after the tablet rollout, Hardtke wrote.

Curtis now hears from her fiance just once daily, usually very early in the morning. Their 14-year-old son has gone weeks without talking to his dad, Curtis said, because the phone lines are too jammed once he’s home from school.

Prison phone calls: costly for families, profitable for providers

ICSolutions and the prison system make millions each year from phone calls. The company charges six cents a minute and shares revenue with the state, adding nearly $4 million to its general fund in recent years. 

Curtis said she spends roughly $250 a month on calls.

Tablets present new revenue opportunities for prison contractors. An ICSolutions affiliate sold them to incarcerated Wisconsinites before the state made them free. And even with free tablets, prisoners pay for calls, messaging and other applications.

The high cost of phone calls has long burdened the incarcerated and their families. The Federal Communications Commission last year responded by capping fees. Apps for TV and music aren’t subject to the same regulations. That makes tablets a safer investment for prison telecommunication companies, said Wanda Bertram, a spokesperson for the nonprofit Prison Policy Initiative, which focuses on solutions to mass incarceration.

Incarcerated people often greet the rollout of tablets with excitement, Bertram said. But the attempt to improve virtual communication comes as Wisconsin, like other states, has restricted other communication — like physical mail. 

In December 2021, the corrections department began rerouting all prisoner-bound mail to Maryland, where a company called TextBehind scans each piece of mail and sends a digital copy to those incarcerated. The controversial effort aims to reduce the flow of drugs into prisons.

The change delays access to mail and boosts reliance on tablets. As a result, technology glitches have bigger consequences, Betram said.

‘We’re helpless’: Blocked calls mean lonely holidays

Charles Gill is incarcerated at Oshkosh Correctional Institution. His fiance lives in New York, and his adult son lives in New Jersey, too far to visit in person. Gill relies largely on his tablet for communication. But online texts have been delayed by two to three days, Gill said. 

“We’re helpless,” Gill said.“To be a father, not knowing what’s going on with your child, to be in a relationship with someone and not knowing what’s going on with them. God forbid something happens and somebody goes to the hospital, somebody gets hurt. We don’t know about it, and we can’t reach out to nobody and talk about it.”

Gill felt particularly helpless on Easter weekend, the anniversary of his brother’s death. He couldn’t reach any family members.

“The phones were just destroyed on (Easter) weekend, ” he said. “You could really feel the tension in the air because people weren’t able to call their families.”

He worries about a repeat around Mother’s Day.

“Having that ability to speak to someone who still sees you as a human being and not a number is vital,” said Marianne Oleson, the operations director for Ex-Incarcerated People Organizing of Wisconsin.

That’s especially the case for mothers who are incarcerated. The majority of women in prisons nationally have children under the age of 18, according to a 2016 U.S. Department of Justice report. Phone calls offer incarcerated women their only chance to act as parent, wife or daughter — ensuring their loved ones are safe, Oleson said.

The faulty phone system leaves incarcerated people with tough choices. 

“We even have to choose to try the phone over going to meals,” Christa Williams, who is incarcerated at Ellsworth prison, wrote in an email.

Shawnda Schultz said phone failures have left her incarcerated mother in tears during recent calls.

“It bothers me because their phone calls are the one thing that (prisoners) have to keep them going in there, and it keeps us going too, because that’s our mother,” Schultz said.

Schultz’s sister recently delivered her first baby. If the phones don’t improve, she worries her mother will miss hearing updates, like when her grandchild says his first word.

“I found myself actually in tears because I’m just like, ‘what if something happens to my mom?’” Schultz said.

‘It’s been a living hell’: Wisconsin prison phone failures leave families disconnected is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.