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‘Teaching us how to grow with our babies’: How prisons allow mothers and infants to nest for months

Kathy Briggs is assisted by case manager Kim Immel, left, and nursery program manager Kim Perkins as she puts on a front-loading baby carrier with her daughter Melody inside at the Women’s Eastern Reception, Diagnostic and Correctional Center in Vandalia, Mo. Prison nursery programs allow babies to live behind walls with their mothers — a rare and controversial approach.

Kathy Briggs is assisted by case manager Kim Immel, left, and nursery program manager Kim Perkins as she puts on a front-loading baby carrier with her daughter Melody inside at the Women’s Eastern Reception, Diagnostic and Correctional Center in Vandalia, Mo. Prison nursery programs allow babies to live behind walls with their mothers — a rare and controversial approach. (Photo by Amanda Watford/Stateline)

VANDALIA, Mo. — Kathy Briggs slipped her arms through the thick straps of a brand-new baby carrier, tugging it over her beige shirt as two other women stood beside her, tightening buckles and adjusting the padded waistband.

The carrier was still stiff from its packaging, and Briggs shifted her feet as one of the women gently lifted then-6-month-old Melody into the front pouch.

Melody’s gray-blue eyes tracked the women’s hands, and her wispy blond hair — gathered into a tiny pink bow — bobbed slightly with the movement. She blinked up at the adults.

“Put your foot in there,” one of the women said, guiding Melody’s leg through the opening.

“She’s just a little chunk,” the other woman said.

Briggs’ eyes widened, and she squealed, half laughing, as Melody settled against her chest. Across the room, a few women looked up from boxes of newly arrived donations — tiny onesies and hip carriers still wrapped in plastic.

Someone let out a soft “aww.” Briggs, 29, bounced on her heels, testing the weight, her palms hovering protectively near Melody’s back.

For a moment, the room felt like any early childhood nursery: adult chatter and baby babbles, women comparing baby gear and swapping soothing techniques.

Yet the jangling of keys and the watchful eyes of uniformed officers were a reminder that this colorful corner of the world existed not in a day care, but inside a women’s prison in rural Missouri.

Programs like this one allow babies inside prisons — a rare and controversial approach that forces states to confront how punishment, public safety and early childhood development collide. As more women enter state prisons while pregnant, lawmakers and corrections officials are expanding prison nursery programs, betting that keeping mothers and infants together can reduce trauma and recidivism — even as critics question whether any prison can ever be an appropriate place for a child.

The nursery living area features couches with blankets draped over them, a flat-screen TV and a variety of toys. In the corner, women can use a kiosk to place commissary orders. A “Male on Duty” sign above the kiosk alerts the unit that male correctional officers are nearby.
The nursery living area features couches with blankets draped over them, a flat-screen TV and a variety of toys. In the corner, women can use a kiosk to place commissary orders. A “Male on Duty” sign above the kiosk alerts the unit that male correctional officers are nearby. (Photo by Amanda Watford/Stateline)

Missouri’s program, which opened last February at the Women’s Eastern Reception, Diagnostic and Correctional Center, is the ninth nursery program currently operating inside of a prison in the country. The program was adopted into state law in 2022.

Each year, thousands of pregnant offenders are admitted to local jails and state prisons — most for nonviolent crimes. In 2023, the latest year with data available, about 2% of women who were admitted to state prisons were pregnant, according to the federal Bureau of Justice Statistics.

The number of incarcerated women has climbed sharply over the past several decades, making them one of the fastest-growing segments of the prison population. Some experts say the trend has forced states to confront a basic reality: Most correctional facilities were never designed to accommodate new mothers.

“Routine aspects of prison operations just really don’t consider the distinct needs of women, and particularly not of pregnant women,” said Alycia Welch, the associate director of the Prison and Jail Innovation Lab at the University of Texas at Austin. Welch researches carceral conditions and oversight with a focus on women’s experiences.

Federal reports and research have found that pregnant inmates face systemic barriers to timely care — from guards controlling access to medical treatment to logistical delays and medical fees. Shackling during pregnancy and childbirth persists despite restrictions in at least 42 states.

Prison nursery programs benefit relatively few women, and some criminal justice advocates say they reinforce the notion that incarceration — rather than community-based drug treatment or diversion — should remain the default response for pregnant women in the criminal legal system.

Some research suggests that prison nurseries can strengthen early bonding, improve maternal mental health and support the transition from incarceration back into the community after new mothers have time to parent their infants in a structured, supportive environment.

“This community just lifts us up,” Briggs said.

Inside Missouri’s nursery program

The room Kaley McDowell shares with her infant daughter, Kimber, is arranged for two mothers and two babies — twin beds on each wall, a pair of cribs nearby and space left open for feeding, rocking and play.

McDowell’s rocking chair sits in the corner, draped with a warm, butter yellow blanket. She settled into the rocker with Kimber in her arms just as a soft, classical melody drifted from one of the crib-soother toys. Kimber curled tightly against her chest; her cheek pressed into her mother’s shirt.

“She thinks she’s gonna eat now,” McDowell joked, shifting her baby upright on her thighs as the two rocked slowly back and forth. She then set Kimber down so the child could try standing.

Kimber steadied herself, then reached down toward her tiny toes as if surprised to find them there.

Kaley McDowell helps her daughter Kimber stand while sitting in a rocking chair in their room.
Kaley McDowell helps her daughter Kimber stand while sitting in a rocking chair in their room — their favorite spot in the nursery unit. Each mom-and-baby room can accommodate up to two mothers, with a total capacity of 14 mom and baby pairs. (Photo by Amanda Watford/Stateline)

McDowell, 34, is a girl mom through and through. All four of her daughters — ages 13, 9, 2 and now-7-month-old Kimber — have “K” names, a small bit of continuity she’s proud of.

Inside the nursery unit, she’s the experienced mom, the one other women seek out for advice.

McDowell isn’t set for release until August, which means Kimber will leave the nursery around 15 months old. In the meantime, McDowell is taking classes to get her GED diploma and hopes to earn her license as a certified nurse assistant.

Missouri’s prison nursery program allows eligible women to live with their newborns for up to 18 months. Women must have no more than 18 months remaining on their sentence at the time of delivery, and those who have committed violent sexual offenses or crimes against children cannot participate.

Prison officials also review disciplinary history, physical and mental health, and engagement in programming before approving someone for one of the unit’s seven bedrooms, which collectively can house up to 14 babies at a time.

Kaley McDowell reads a quote on a photo board she decorated with inspirational collages, sonogram photos and other crafts. The nursery unit is adorned with motivational quotes and reminders throughout the space.
Kaley McDowell reads a quote on a photo board she decorated with inspirational collages, sonogram photos and other crafts. The nursery unit is adorned with motivational quotes and reminders throughout the space. (Photo by Amanda Watford/Stateline)

About two dozen infants are expected to cycle through the nursery each year, and staff anticipate that number will climb — a sign of growing demand for the program.

“I have watched moms transform their lives,” said Kim Perkins, the nursery’s program manager.

Across the day, the nursery fills with the kinds of small, steady interactions that shape early childhood: Mothers reading baby books, caregivers rocking fussy infants, babies sprawled across play mats surrounded by stuffed animals. Correctional officers and nursery staff also often help, whether by holding a wiggly baby or fetching supplies.

“They like to come and steal the babies when they can,” McDowell said. “They’re like our in-house grandmas.”

The unit’s officers also are trained to expect round-the-clock movement, and the team includes male officers, so infants grow accustomed to hearing different voices.

Stuffed animals and a small gorilla figurine sit on a top shelf above the area where moms store their diaper bags.
Stuffed animals and a small gorilla figurine sit on a top shelf above the area where moms store their diaper bags. (Photo by Amanda Watford/Stateline)

“It’s going to be a good thing for these women,” said Lisa Unger, one of the unit’s correctional officers. While she was initially apprehensive about the program, she said she has watched women genuinely change over time with the support they receive.

When mothers cook group meals — something that happens at least once a week — the unit feels briefly like a crowded family kitchen, with women passing plates, joking and handing off infants so someone else can finish stirring a pot.

Movement across the unit is tightly restricted, though. Babies are not allowed upstairs to the sleeping and living quarters of caregivers — incarcerated women trained for the role — and mothers go there only to “shop” in the storage room stocked with donated clothing. When the weather is nice and staffing allows, the mothers can take their babies outside to the play area. The babies do not enter other parts of the prison.

Turning point

For much of her life, Kathy Briggs did not imagine a future that included her. She was first incarcerated at 15, and has now been in and out of incarceration three times.

Addiction shaped nearly every corner of her adulthood — where she slept and whom she trusted. Some nights were spent in drug houses, others on the street. She lost two pregnancies.

At her lowest point, Briggs tattooed “DNR” — which stands for “do not resuscitate” — above her left eye.

When Briggs learned she was expecting again — this time while in county jail awaiting adjudication — she doubted her ability to stay sober, to find housing, to understand motherhood at all. When she learned she was carrying twins, her panic deepened and she considered placing them up for adoption.

Who would take them? Who would trust her with them?

The turning point came with a sentence delivered calmly from the bench. Facing drug possession and firearm-related charges, Briggs expected another familiar outcome and that she’d be released shortly. Instead, the judge told her she would go to prison — and have her babies there.

Briggs protested — babies did not belong in prison. But the judge insisted. More importantly, he told her he believed in her. It was the first time, she said, anyone in a position of authority had made her feel like she could overcome her past.

She arrived at the prison nursery unit seven months pregnant. When her daughters were born, she nicknamed them “Little Lyric” and “Mighty Melody,” inspired by the music that always made her feel free.

Parents as Teachers instructor Jill Whitaker reads a children’s book to moms and caregivers participating in a parenting class. Participants also complete worksheets and crafts designed to reinforce new ideas on motherhood and child development.
Parents as Teachers instructor Jill Whitaker reads a children’s book to moms and caregivers participating in a parenting class. Participants also complete worksheets and crafts designed to reinforce new ideas on motherhood and child development. (Photo by Amanda Watford/Stateline)

The infants’ play space is awash in color: Rugs patterned with swirling motifs and florals; shelves crammed with books, dolls and stacking toys; rocking chairs with tufted pillows. A baby swing clicks rhythmically in one corner. Near a window overlooking an outdoor play area, a potted plant soaks up the morning sun.

Inside the nursery, Briggs’ daughters, whom she calls her “best friends,” thrive. Their father also is incarcerated, and the nursery staff are working to make sure he can receive regular updates and photos of the girls.

“Some of us didn’t grow up with good families or a lot of love,” Briggs said. “Here, they’re teaching us how to grow with our babies, and that is such a beautiful thing.”

Some of the program’s caregivers say the strength of the unit comes from the fact that no one is raising a baby in isolation — and that some caregivers bring their own lived experience as mothers to guide the others.

One morning, caregiver Tara Carroll sat on the floor, sorting a pile of donated baby clothes while several women gathered around her — some seated at a nearby table, others standing and talking among themselves.

Tara Carroll, a nursery caregiver, sorts through and catalogs donated baby clothes.
Tara Carroll, a nursery caregiver, sorts through and catalogs donated baby clothes. (Photo by Amanda Watford/Stateline)

She organized the outfits by size, slipping the clothes onto tiny colorful hangers. As she logged each item, a few of the women began matching tops and bottoms, holding them up for one another to weigh in.

“This one will fit her, and it’s got cute little pants and a snowflake,” Carroll told one mother.

“That’s cuuuuuute,” another mom chimed in.

Carroll, 34, has been incarcerated for several years on property-related charges, and she remembers what it was like before the nursery existed.

In 2022, she delivered her now-3-year-old daughter, Dillon Rayee, at a nearby hospital and spent 48 hours with her before her husband took their newborn home.

“It was heart-wrenching, and I promised my daughter that I would do everything that I could to come home to her,” Carroll said. She hopes to use her experience in the prison to become a doula.

Until the nursery opened, her birth experience was the norm: a day or two with a newborn, then the baby went into foster care or with family and the mother returned to her cell. For Carroll, helping the women in the unit now — guiding them through feedings, showing them how to swaddle, offering advice during long nights — feels like a way of honoring her promise to her daughter.

Policies across the states

Across the country, fewer than a dozen states operate nursery programs that allow incarcerated mothers to live with their newborns.

New York operates the nation’s oldest prison nursery, which opened in the early 1900s at the Bedford Hills Correctional Facility. The program allows up to 25 incarcerated mothers to live with their infants — typically until age 1 — under a system governed by state law and administered by a nonprofit provider, Hour Children.

Newer programs — in Illinois, Indiana, Missouri, Nebraska, South Dakota, Ohio, Washington state and West Virginia — vary widely in size, eligibility and funding. Many rely heavily on nonprofit partners or donations to cover essentials such as diapers, cribs and parenting classes.

Nebraska’s program, which launched in 1994, allows mothers to participate if their parole eligibility date or release date falls within 18 months of their child’s birth.

Rosita Vizcarra, 29, said the program has been a “blessing,” giving her the chance to bond with her now-9-month-old son, Liam, while also learning how to be a better parent to her two older daughters.

“He’s crawling and starting to stand,” Vizcarra wrote in a message to Stateline through the facility’s messaging platform. “He’s such a happy baby.”

Miranda Messenger, 37, told Stateline in a message that the program has given her what she and her now 4-month-old son, Kyle, need to succeed and stay connected to her support system while separated from her three older children.

“It’s gonna help Miranda tenfold,” said Shannon Fune, Kyle’s father, who has been able to visit the pair a few times. “I was a little bit jealous or disappointed that I wasn’t gonna be there.”

A 2018 study of Nebraska’s program found participation was associated with a 28% reduction in recidivism within three years of the initial offense and a 39% reduction in returns to prison custody within 20 years over the 20-year period of the study. The author, Joseph R. Carlson, a former professor at the University of Nebraska, also estimated that the program saved the state more than $6 million between 1994 and 2012.

A handful of states — Kansas, North Dakota, Virginia and Wisconsin — are considering or expanding nursery programs. Idaho and Wyoming explored nursery plans in recent years, but abandoned them due to space, budget and staffing issues, according to state corrections officials.

Many other states offer other programs they say benefit incarcerated mothers, such as doula programs during pregnancy or during labor and delivery, extended visitation for young children or mother-child facilities based in communities rather than a prison.

Although interest in programs for pregnant and postpartum women in the criminal legal system has grown, experts across the country say there is still not enough research to know how well these programs work — and even basic data on the number and experiences or outcomes of incarcerated pregnant people remains limited.

“It’s, for me, really unfortunate that we are doing this without evidence to inform the policies we’re putting in place,” said Rebecca Shlafer, a child psychologist and associate professor of pediatrics at the University of Minnesota. Shlafer also evaluated the implementation of Minnesota’s 2021 Healthy Start Act, which allows pregnant and postpartum women to participate in community-based alternatives.

‘A real patchwork’

It’s hard to know exactly how many pregnant people enter jails and prisons each year. The federal government does not require correctional systems to track pregnancy data, and reporting varies widely by state.

By the end of 2023, 305 pregnant women were housed in state prisons, according to the latest federal data, which was released by the Bureau of Justice Statistics in April. At least 75 women lived in prison nurseries or residential programs with their infants in 2023.

Some of us didn't grow up with good families or a lot of love.

– Kathy Briggs, an incarcerated mother in Missouri

A 2019 study of incarcerated pregnant women — drawing from both state and federal facilities — estimated roughly 58,000 admissions to prisons and jails between 2016 and 2017. The study, conducted by the Advocacy and Research on Reproductive Wellness of Incarcerated People group and published in the peer-reviewed American Journal of Public Health, is considered the first national investigation into pregnancy frequency and outcomes in prisons.

There are no federal standards for prison nursery programs, and each state sets its own rules — who qualifies, how long mothers can stay, what staffing and safety protocols look like and what reentry support is offered.

Studies of long-running programs in Nebraska and New York found that mothers who participated were less likely to return to prison than similar women who weren’t admitted. But those results, some experts say, may be shaped by the programs’ strict eligibility rules: Nurseries typically accept people with lower-level offenses and short sentences.

A study published in April in the peer-reviewed Women & Criminal Justice journal found that the existence of prison nursery programs caused stress and anxiety for those who weren’t eligible after giving birth, leaving them feeling like unfit mothers, and diverted resources from other ways to help incarcerated moms maintain bonds with their babies.

“We can think outside the prison walls for how to keep moms and babies together in ways that still maintain safety and accountability,” said Dr. Carolyn Sufrin, a medical anthropologist and an obstetrician-gynecologist at Johns Hopkins University. Sufrin also leads the Advocacy and Research on Reproductive Wellness of Incarcerated People group.

Critics of prison nurseries argue that the correctional environment is fundamentally ill-suited to meet the health, developmental and emotional needs of pregnant or postpartum women and their infants.

Prisons are usually not staffed with maternal health experts or pediatricians, and medical care is often inconsistent. The environment itself limits babies’ movement and ability to form relationships with other family members. The children can’t go outdoors every day.

Financial stability also is a major concern. Some of the existing prison nursery programs nationwide primarily depend on donations or nonprofit support instead of consistent state funding. Critics argue that this makes nurseries a fragile, resource-heavy solution that helps only a small number of women while reinforcing the broader system of incarceration rather than providing a reliable, scalable alternative.

“It’s a real patchwork out there, and every state is different, but again, just not ideal to have women and babies in these settings,” said Erin McClain, a research associate and the assistant director of the University of North Carolina Collaborative for Maternal and Infant Health, a research center focusing on high-risk pregnancies and infants.

Kathy Briggs holds her twin daughters, Melody, center, and Lyric, using front and hip baby carriers.
Kathy Briggs holds her twin daughters, Melody, center, and Lyric, using front and hip baby carriers. (Photo by Amanda Watford/Stateline)

A path forward

Briggs is set to leave Missouri’s Women’s Eastern Reception, Diagnostic and Correctional Center for a halfway house, again with her babies, later this month. She has thought extensively about what she’ll one day tell her daughters about their first few months of life — and about how far she has come from the days when her “DNR” tattoo reflected a very different outlook.

“I want to live life, and I want to show them that they can live a good life,” Briggs said. “I want to be the light that makes them feel warm.”

Inside the program, she learned how to care for her daughters and, just as critically, how to care for herself, she said. For someone who had grown up without much love or guidance, the nursery became a place where both were taught, deliberately and daily.

She hopes to return someday to help others navigate the early months of parenthood behind bars.

“More mothers in this situation deserve an opportunity to learn to be a better mother.”

Stateline reporter Amanda Watford can be reached at ahernandez@stateline.org.

This story was originally produced by Stateline, which is part of States Newsroom, a nonprofit news network which includes Wisconsin Examiner, and is supported by grants and a coalition of donors as a 501c(3) public charity.

Minnesota prosecution of ICE officer faces new political obstacles under Trump

Local police officers stand guard as Renee Good's car is towed away after ICE officers shot and killed a woman through her car window Wednesday, Jan. 7, 2026 near Portland Avenue and 34th Street. (Photo by Nicole Neri/Minnesota Reformer)

Local police officers stand guard as Renee Good's car is towed away after ICE officers shot and killed a woman through her car window Wednesday, Jan. 7, 2026 near Portland Avenue and 34th Street. (Photo by Nicole Neri/Minnesota Reformer)

The Trump administration made its opinion known almost immediately after an ICE agent shot and killed a woman in Minneapolis on Wednesday: The officer acted heroically in defending himself from Renee Nicole Good, who was intent on running him over with her Honda Pilot in an act of “domestic terrorism.

“The officer, fearing for his life and other officers around him and the safety of the public, fired defensive shots. He used his training to save his own life and that of his colleagues,” Homeland Security Secretary Kristi Noem said in a news conference in Minneapolis.

A jury might very well disagree after seeing footage of the incident, like Minneapolis Mayor Jacob Frey who called ICE’s claim of self-defense “bullsh*t.”

But the Trump administration seems intent on blocking local prosecutors from even bringing charges against the ICE officer, who the Star Tribune identified as Jonathan Ross.

The U.S. Attorney’s Office took the unusual step soon after the shooting of ousting the state Bureau of Criminal Apprehension from the investigation into the killing.

The BCA typically investigates police shootings in the state, and was on the scene in south Minneapolis on Wednesday collecting evidence as part of a joint investigation with the FBI.

Then the U.S. Attorney’s Office “reversed course” and decided the investigation would be led solely by the FBI, said Drew Evans, BCA superintendent, in a statement.

“Without complete access to the evidence, witnesses and information collected, we cannot meet the investigative standards that Minnesota law and the public demands,” Evans said. “As a result, the BCA has reluctantly withdrawn from the investigation.”

Gov. Tim Walz during a Thursday press conference expressed doubt about the results of any investigation conducted by the federal government because Minnesota officials have been purposefully excluded.

“Now that Minnesota has been taken out of the investigation, it feels very, very difficult that we will get a fair outcome,” Walz said. “People in positions of power have already passed judgment … and told you things that are verifiably false.”

If federal investigators don’t share their findings with local prosecutors, they’ll struggle to put together a case to bring charges, said former Acting U.S. Attorney for Minnesota Anders Folk, who brought federal charges against former Minneapolis police officer Derek Chauvin for killing George Floyd in 2020.

“I don’t know how any prosecutor could make a charging decision without facts,” Folk said. “The local authorities are going to have to figure out a way to do their own investigation if they want to be able to evaluate whether a criminal charge can be brought.”

Hennepin County Attorney Mary Moriarty, who has jurisdiction in Minneapolis, said in a statement on Thursday that her office is searching for a way for a state level investigation to continue.

“If the FBI is the sole investigative agency, the state will not receive the investigative findings, and our community may never learn about its contents,” Moriarty said in a statement.

The FBI and the U.S. Attorney’s Office did not respond to requests for comment.

A spokesperson for U.S. Attorney General Pam Bondi, who will make charging decisions based on the FBI investigation, pointed the Reformer to a post on X when asked if she has commented on the case and if she believes the use of force was justified.

“Obstructing, impeding, or attacking federal law enforcement is a federal crime. So is damaging federal property. If you cross that red line, you will be arrested and prosecuted. Do not test our resolve,” the post says.

Who might do a local investigation is unclear. Folk, who is now running for Hennepin County attorney, said he’s not aware of any cases of officers shooting someone in Minnesota in which the BCA was not involved.

“They are the law enforcement organization that we as Minnesotans look to do this kind of investigative work,” Folk said.

If the Hennepin County Attorney’s Office is able to complete a criminal investigation and file charges, they face another difficult task: convincing a federal judge that the ICE officer was not acting reasonably in carrying out his lawful federal duties.

If state charges are filed, the officer will likely ask to move his case to federal court to assert immunity under what’s known as the Supremacy Clause, which protects federal officials from state criminal prosecution if they are reasonably carrying out their duties. Attorneys with the Department of Justice may then assist with his defense.

Whether the officer’s actions are deemed reasonable could hinge on a range of facts from his training to his duties to his subjective beliefs and the U.S. Supreme Court has provided only minimal guidance on how to answer that question, according to Bryna Godar, a staff attorney with the State Democracy Research Initiative at the University of Wisconsin Law School.

Still, she emphasized local prosecutors can and have brought charges against federal officials.

“The baseline understanding here is that states can prosecute federal officials when they violate state criminal laws,” Godar said.

If state prosecutors convince a federal judge the officer’s actions were not reasonable, they could continue bringing the case in federal court on state crimes. That’s significant because a conviction for a state crime cannot not be pardoned by the president.

Godar points in a recent article to cases going back to antebellum, when free states charged U.S. marshals for capturing enslaved people under the Fugitive Slave Act. During the Prohibition Era, local prosecutors charged federal officers for using excessive force in shutting down distilleries.

More recently, local prosecutors in Idaho brought a charge of involuntary manslaughter against an FBI sniper who shot and killed an unarmed woman during the siege on Ruby Ridge in 1992. A divided federal appeals court ruled that the case could proceed because of disputed facts over whether the agent acted “reasonably.”

“Where we see those state prosecutions going ahead is where the use of force is deemed unreasonable or excessive or unlawful,” Godar said.

But that case may offer a cautionary tale for Minnesota: The case wasn’t allowed to proceed until 2001, nearly a decade later. Then the case was dropped by the newly elected prosecutor.

Good’s killing was the ninth shooting by an immigration officer in just the past four months and at least the second killing, with all of them involving firing at people in vehicles, according to a New York Times report. On Thursday, federal agents shot two more people in Portland, Ore.

In each of the recent ICE shootings, the government has claimed the officer was acting in self-defense.

A 2024 investigation by The Trace and Business Insider found in 23 fatal shootings by ICE officers from 2015 to 2021, no officers were indicted.

Minnesota prosecutors have won convictions in recent years against officers for killing people in the line of duty — Chauvin, Kim Potter and Mohamed Noor — but they are rare and juries are generally reluctant to convict.

Yet even if a conviction seems unlikely, filing charges allows local prosecutors to register a strong protest against ICE’s aggressive enforcement actions in the state and communicate that officers may not operate with impunity. Not charging would be an admission that federal agents are immune from local accountability as the Trump administration pushes for mass deportation.

Folk said a transparent investigation with clear standards is also important for the public’s faith in the justice system.

“Minnesota has seen firsthand how important it is to do these high-profile investigations the right way,” Folk said. “We deserve a good, thorough investigation, free of any kind of influence.”

This story was originally produced by Minnesota Reformer, which is part of States Newsroom, a nonprofit news network which includes Wisconsin Examiner, and is supported by grants and a coalition of donors as a 501c(3) public charity.

Man dies after ‘physical disturbance’ at Oshkosh prison 

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

The Wisconsin Examiner’s Criminal Justice Reporting Project shines a light on incarceration, law enforcement and criminal justice issues with support from the Public Welfare Foundation.

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

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

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

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

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

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Federal agents shoot two people in Portland, police say

Portland police officers stand behind police tape in front of an apartment building in east Portland. (Photo by Alex Baumhardt/Oregon Capital Chronicle)

Portland police officers stand behind police tape in front of an apartment building in east Portland. (Photo by Alex Baumhardt/Oregon Capital Chronicle)

Federal agents reportedly shot and injured two people near a medical clinic in east Portland on Thursday afternoon, according to the Portland Police Bureau.

The Department of Homeland Security acknowledged the shooting on social media, though it referred to a U.S. Border Protection agent firing “a defensive shot.” Police had few immediate details to share about the incident, which occurred the day after an Immigration and Customs Enforcement officer shot and killed a woman in Minneapolis. 

Like Minneapolis, Oregon’s largest city has been the subject of an intense immigration crackdown by federal agents in recent months. While a federal judge stymied President Donald Trump’s efforts to mobilize the Oregon National Guard and deploy guardsmen from other states to Portland, federal officials revealed in court in December that they’ve brought ICE agents from around the country to the metro as part of a major operation.

The Homeland Security Department claimed that agents were conducting a targeted stop against a Venezuelan national affiliated with the transnational Tren de Aragua criminal group, and that the driver attempted to run over agents when they identified themselves. The agency made similar claims about the Minneapolis shooting, though bystander videos from multiple angles showed that the officer fired into Renee Nicole Good’s car after he was clear of the car’s path. 

No such videos were immediately available of the Portland incident, which occurred near a medical campus on Southeast Main Street. 

“We are still in the early stages of this incident,” Portland Police Chief Bob Day said in a statement. “We understand the heightened emotion and tension many are feeling in the wake of the shooting in Minneapolis, but I am asking the community to remain calm as we work to learn more.”

Multnomah County Sheriff Nicole Morrisey O’Donnell said in a statement that the FBI is handling an investigation into the shooting. Attorney General Dan Rayfield announced Thursday evening that his office will investigate whether any federal officers acted outside the scope of their authority, in keeping with a November warning he and district attorneys of the state’s three largest counties gave the federal government that the state will investigate and prosecute federal agents who engage in excessive force.

“We have been clear about our concerns with the excessive use of force by federal agents in Portland, and today’s incident only heightens the need for transparency and accountability,” Rayfield said. “Oregonians deserve clear answers when people are injured in their neighborhoods.”

Shooting reported mid-afternoon

Police received reports of a shooting on the 10200 block of Southeast Main Street at 2:18 p.m. Six minutes later, they received a call for help from a man at Northeast 146th Avenue and East Burnside, a 10-minute drive away. 

The shooting occurred near an Adventist Health building with several offices and medical clinics, the health organization confirmed in an email. The clinics closed for the rest of the day, and Portland Police were seen escorting people out in the evening. 

Police found a man and woman with apparent gunshot wounds. Emergency responders transported both people to the hospital and their condition is unknown, according to police. 

State Rep. Ricki Ruiz, D-Gresham, represents a neighboring state House district and spoke to the Capital Chronicle near an apartment complex where the shooting victims called for help. He said the two were hospitalized at Oregon Health & Science University and he was unsure of their condition.

A woman he spoke to said she spotted U.S. Border Patrol agents roaming the area earlier this morning, Ruiz said.

Lilian Rubi Herrera, who spoke to the Capital Chronicle in Spanish outside the apartment building, receives donations from her followers on social media to buy groceries for immigrants who are fearful of leaving their homes. She was in the neighborhood distributing food when she heard about the shooting and went to the scene. 

Herrera said her social media followers are extremely sad because of the shooting in Minneapolis.

“Out of all the years I’ve lived here, I never thought I would witness this type of treatment from the federal government.” she said. “They treat us worse than dogs, and that’s not fair. We must use our voices and seek help for our community.” 

A Capital Chronicle reporter saw men wearing FBI gear walking around the apartment complex behind police tape. 

State, local leaders condemn shooting, urge caution

Within hours of the shooting, about 150 people had gathered outside Portland City Hall, chanting “abolish ICE.” Some held candles and anti-ICE signs as they waited to hear from city councilors.

Portland City Councilor Angelita Morillo, speaking to the crowd, called upon Congress and local officials to resist ICE operations and strip funding from the agency.

“The reality is that anyone who chooses to stand in solidarity with our community is putting themselves directly in harm’s way, because that’s what it means to sacrifice and to love your neighbor,” she said. “And what I see here is we have a group of people that is prepared to do anything and everything to take care of our immigrant community.”

Councilor Candace Avalos said the recent shooting victims were her constituents in her city councils’s district, arguing that “this is what the Trump administration’s deportation agenda looks like.” She called for the audience to keep organizing until ICE agents leave the city.

“We keep each other safe when ICE shows up in our neighborhoods, it’s not politicians who stop them,” she said. “It’s neighborhood whistles, with their phones out, standing shoulder and shoulder, forcing them out of our communities.”

Portland Mayor Keith Wilson called on ICE to immediately pause its operations in Portland and urged residents to remain calm.

“We cannot sit by while constitutional protections erode and bloodshed mounts. Portland is not a ‘training ground’ for militarized agents, and the ‘full force’ threatened by the administration has deadly consequences,” Wilson said. “As mayor, I call on ICE to end all operations in Portland until a full investigation can be completed.”

U.S. Rep. Maxine Dexter, a Democrat who represents Portland, also urged her constituents to stay calm and said local law enforcement must be able to conduct a full investigation. 

“ICE has done nothing but inject terror, chaos, and cruelty into our communities,” Dexter said. “Trump’s immigration machine is using violence to control our communities—straight out of the authoritarian playbook. ICE must immediately end all active operations in Portland.”

Sen. Ron Wyden, D-Oregon, added that he was monitoring reports, and that “Trump’s deployment of federal agents in my hometown is clearly inflaming violence — and must end.”

Reporter Mia Maldonado contributed to this report.

  • 10:40 pmUpdated with information about Attorney General Dan Rayfield opening investigation

This story was originally produced by Oregon Capital Chronicle, which is part of States Newsroom, a nonprofit news network which includes Wisconsin Examiner, and is supported by grants and a coalition of donors as a 501c(3) public charity.

Oneida Nation LLC takes action to terminate contracts with ICE

ICE Police at Immigration Detention Center. Oneida tribal leaders in Wisconsin announced they would end a contract to build ICE facilities with a the Oneida Engineering Science Construction Group and apologized saying they were previously unaware of the agreement. | Getty Images

Oneida Engineering Science Construction Group (OESC), a Limited Liability Company (LLC) of the Oneida Nation, is taking action to terminate two contracts it has with U.S. Immigration and Customs Enforcement (ICE) to provide engineering services to at least 34 ICE facilities.

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 action comes after tribal leaders only recently became aware of the contracts that OESC has through a subsidiary company: Oneida Environmental (OE) that is working in a joint venture with Stantec JV, called Oneida-Stantec JV, LLC.

In a Jan. 2 Oneida Live online meeting, Tribal Chairman Tehassi Hill said he had just learned of the ICE contracts on Monday morning, Dec. 29 through social media posts.

“I want to make sure that I clearly state that the Oneida Business Committee (OBC, the agency that runs the tribe when the tribal governing board is not in session) was not aware of this joint venture or the signing of the contract,” said Hill. “I also stand strong in my words and conviction that the business venture does not align with the nation’s values, our culture and who we are as Haudenosaunee People, and it is something the committee would have never entertained had it been made aware of this.”

Jeff House, chief executive officer (CEO) of OESC, took full responsibility for the contracts, adding  that his motives were to provide a service to ensure the ICE facilities were habitable for residents and also as a business venture to sustain the operation of the LLC’s 500 employees.

“I deeply apologize,” House said. “The decision did come to me and I green-lighted the proposals to go forward, and I know it was a huge mistake.”

House said when he made the decision he wanted  to ensure the facilities would be “up to code, making sure they meet human standards, making sure that it’s properly engineered.” And, he added, “while I don’t approve and am appalled by the ICE activities, these people are being detained and put in a facility somewhere, and what had gone through my mind was, ‘Who’s taking care of them? Who’s looking out for their best interest?’ As much as I have disdain for the ICE activities going on, that’s where my mind went, and I was flabbergasted that I didn’t reach out further and get more information.”

House said he was aware of the recent controversy involving the Prairie Band Potawatomi Nation in Kansas to terminate a subsidiary contract with ICE for designing large-scale migrant detention centers, and he applauded the Potawatomi Chairman for noting how Indian people had been treated by the federal government by being placed on reservations and drew parallels to ICE activities.

House said he hadn’t considered the history of tribes and detention when he pursued the ICE contracts, but was more focused on ensuring the ICE facilities would be humane facilities.

According to the Federal Procurement Data System for Oneida-Stantec JV LLC, the recent ICE contract signed on Dec. 26 is for $3.777 million, and another contract signed on Sept. 19 is for $2.601 million.

House said the immediate goal is to begin the process of terminating the Dec. 26 contract, but he noted that the Sept. 19 contract, initiated under the administration of former President Joe Biden, would be more complicated to terminate because work had already begun under that contract.

House emphasized the LLC  would sustain any loss or liability as it pursued the terminations.

To avoid potential liability to the tribe, Chairman Hill noted that the tribe doesn’t directly operate OESC or participate in day-to-day operations to maintain a “corporate veil.”

In a press release, the tribe explained the “corporate veil” is “a legal concept that recognizes a company as a separate legal entity distinct from its shareholders, and it protects shareholders from personal liability for the company’s debts and obligations (meaning the company itself is responsible for its own liabilities).”

However, the OBC does appoint members to the corporate board of OESC, and there are regular reports from the LLC to the OBC.

“It is important to reiterate that the Oneida Business Committee does not approve, negotiate or manage individual contracts of its subsidiaries,” said Hill, “and only provides high-level oversight.”

Hill read a recently passed OBC resolution that directs business decisions to reflect the Oneida Nation values and specifically states that “any employee or representative of Oneida Nation and its tribal corporations to disengage with all grant agreements and contracts that involve Immigration and Customs Enforcement.”

In the future, House said, he will keep the OBC informed of any gray areas of concern.

In 2025, House said, OESC processed $177 million in revenue and made $12 million in profit, most of which was reinvested in the LLC, with a small amount given to the tribe’s general fund. He estimated the valuation of the LLC as somewhere between $80-100 million.

House said one of his primary concerns in securing contracts, most of which are for engineering services, is keeping the LLC’s 500 employees on the job.

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State corrections committee reviews prison study, hygiene bills for incarcerated people

DOC Secretary Jared Hoy (Photo by Isiah Holmes/Wisconsin Examiner)

DOC Secretary Jared Hoy (Isiah Holmes/Wisconsin Examiner)

Jared Hoy, Secretary of the Department of Corrections (DOC), appeared before the Assembly Committee on Corrections Wednesday morning to discuss a third-party study of DOC facilities, policies and practices. “The report clearly shows our agency and our staff are working hard getting a lot right, but as expected we also learned of several areas we need to make improvements on,” said Hoy, calling the report conducted by Falcon Correctional and Community Services Inc. “a critical and necessary step forward” after he succeeded former Secretary Kevin Carr in 2024. 

Hoy said that the Falcon Report focused on behavioral health, correctional practices, health care, employee wellness, leadership development, agency culture, recruitment of staff and problems in the restrictive housing unit, otherwise known as solitary confinement. The review lasted nearly a year, and highlighted a number of positive changes within DOC that Hoy listed, including: 

  • Developing an objective custody classification system in 2023;
  • Restructuring the Bureau of Health Services in 2024,
  • Expanding the earned release program,
  • Transitioning the Waupun Correctional Institution to having all single cells,
  • Reforming restrictive housing in 2024 by enhancing training and increasing security rounds, 
  • Implementing new systems to track the number and frequency of security rounds, 
  • Retraining medication distribution and documentation, 
  • Performing security audits,
  • Requiring supervisory meetings at Waupun at the beginning of each shift,
  • Implementing a new restrictive housing policy. 

It wasn’t an entirely rosy picture, however. “As noted in the report, our agency is at a period of transition,” said Hoy. “We are not alone in navigating this unique point in time following the operational disruptions of the pandemic and the related staffing shortages that followed.” 

Hoy urged people to view the report in that context as he went into the areas of improvement it suggested. High vacancy rates for staff at different institutions remains an issue, although the DOC has been able to fill more security positions due to pay raises approved by the state Legislature. This has created a “new and unique concern,” Hoy said, in that many staff are new and do not have much correctional experience. Additionally, many staff members were hired during the COVID-19 pandemic, and thus have skewed perceptions of what normal DOC procedures look like. The highly restrictive, atypical protocols intended to stifle the spread of COVID-19 became the formative experience of this new generation of DOC guards and staff. 

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.

Mental health needs among DOC residents was another area of concern. Hoy noted that “44% of male persons in our care and 91% of female persons in our care have a mental health condition.” As a result of the study, DOC is working towards updating its mental health classification system, creating specific mental health units, better monitoring and collecting mental health data, and improving conditions within the restrictive housing unit, otherwise known as solitary confinement, and increasing programming and recreation. 

“So while the results of this study are both informative and valuable, they represent only the starting point,” said Hoy. “The true measure of our agency’s success will be determined by how thoughtfully and effectively we act upon the recommendations that follow.” DOC is currently planning another contract with Falcon to develop a framework to review the report’s key findings, and implement its recommendations. Although many of the changes will need to cover the entire DOC, Hoy said the state agency will also look at specific institutions to “reimagine” their functions, and begin implementing changes at five “pilot sites” before expanding to other facilities. 

Hoy took questions from corrections committee members. Public comment in response to the secretary’s presentation was not allowed. Lawmakers pointed out that the DOC remains overcrowded, with over 23,000 people spread across various prisons. Some highlighted the need for more uniformity among DOC policies across facilities, as well as a need for increased and centralized data analysis. 

Hoy acknowledged that there are ongoing problems with placing people in appropriate facilities, such as people who should be in minimum or medium-security prisons being placed in maximum security institutions, or people with severe mental health needs not being cared for adequately. He also noted that because DOC is generally a paramilitary organization, staff are often “craving” direction and vision from their leadership. Hoy said that there is more work to be done to change the culture among DOC staff, emphasizing that “we need to treat everybody with dignity and respect, to treat people as human beings, and see that person no matter whether they have a cap and gown and they’re graduating and ready to walk out the door, or if they’re sitting at rock bottom in restrictive housing, that they are still a human being.”

Hygiene and feminine product access in prison

The Corrections Committee also heard testimony on three bills which were open to public comment. One Republican bill (AB 297) would provide pay bonuses to DOC probation and parole officers based on their ability to increase employment rates among their clients under supervision. Rep. Benjamin Franklin (R – De Pere), the bill’s author and a member of the corrections committee, said the bill would help reduce the recidivism rate. Franklin was questioned by fellow lawmakers about whether the bill would adversely affect people who have small children at home, or who need to prioritize substance abuse treatment and mental health care over finding immediate employment. 

There were also questions about how probation and parole officers might abuse the incentive structure such as by creating revolving doors where clients get and lose jobs, only to be hired somewhere else, earning another bonus for their probation agent. 

The bill was backed by Cicero Action, a policy advocacy group whose board of directors is chaired by Joe Lonsdale, a billionaire co-founder of the data and surveillance company Palentir. Lonsdale has called for the use of public hangings to demonstrate “masculine leadership.”

Members of the public who attended the hearing, including members of the criminal justice reform advocacy groups Dream.org, Ladies of SCI, Ex-Incarcerated People Organizing, and others testified that people on probation and parole already have lives dictated by the whims of their agents. One woman gave an example of a formerly incarcerated loved one who had to take time out of their day for a three hour bus ride to check in with a probation agent for just a few minutes. Others shared firsthand experiences of being placed in unfulfilling jobs for which they were ill suited by their probation agents, or being discouraged from applying for certain kinds of work. 

Rep. Shelia Stubbs (Left), Sen. LaTonya Johnson (Center), and Rep. Robyn Vining (Right). (Photo by Isiah Holmes/Wisconsin Examiner)
Rep. Shelia Stubbs (Left), Sen. LaTonya Johnson (Center), and Rep. Robyn Vining (Right). (Photo by Isiah Holmes/Wisconsin Examiner)

Two Democratic bills (AB 736 and AB 741) focused on increasing hygiene products across DOC facilities and expanding access to menstrual products for incarcerated women. Reps. Shelia Stubbs (D-Madison), Robyn Vining (D-Wauwatosa) and Sen. LaTonya Johnson (D-Milwaukee) presented the bills to the committee. 

Stubbs said that “good hygiene is both a matter of health and dignity, especially for those incarcerated.” AB 741 would require the DOC to provide culturally sensitive products ranging from shampoos to shaving cream, bar soap, natural conditioners, and other products through the commissary at no more than 125% of the price at the highest-grossing retail chain in Wisconsin, or no more than 100% of the sales price, depending on the product. Incarcerated people would also be given a $25 monthly stipend to help purchase hygiene products. The bill would also require sheriffs overseeing jails to provide a stipend and products to people held within jails. 

During testimony, some formerly incarcerated people  shared experiences of witnessing fellow incarcerated people fight because of bad hygiene. Family members of incarcerated people said that the costs to purchase commissary items, make phone calls and other expenses amount to unsustainable drains on their household budgets. 

Jefferson County Sheriff Travis Maze shows Corrections Committee members a box of mensuration supplies which are provided to women in his jail. (Photo by Isiah Holmes/Wisconsin Examiner)
Jefferson County Sheriff Travis Maze shows Corrections Committee members a box of mensuration supplies that are provided to women in his jail. (Photo by Isiah Holmes/Wisconsin Examiner)

AB 736 would expand access to safe and appropriate menstrual products to incarcerated women. Although some prisons and jails take it upon themselves to provide such products to their residents, not all of them do so consistently nor do they provide a range of appropriate products. In some cases, women can bleed through their clothing in prisons and jails, creating embarrassing and awkward situations in which correctional staff may or may not be sympathetic to their needs. 

“In this way, menstruation becomes a monthly cycle of humiliation solely borne by women simply because they are women,” said Johnson. “And that’s not fair.” Johnson called providing menstrual products to incarcerated women “a minimum standard of care in more than two dozen states,” adding that the federal prison system guarantees women access to tampons and pads in correctional facilities. “States that have implemented these policies report minimal cost and improved conditions including fewer medical complications, fewer grievances, and safer, more sanitized facility environments.”

Lawmakers, as well as members of the public, pushed the committee to consider providing menstruation cups as well as more common products like tampons, and to evaluate whether products are safe or if they come with a risk of exposing incarcerated women to toxins. Many in the committee pointed out that if public bathrooms — including those in the Capitol — provide women with menstrual products for free, then why can’t jails and prisons? 

“For far too long meaningful conversations about menstruation have been avoided due to stigma, and it is my hope that as leaders in the state of Wisconsin, we can change that,” Vining said in a statement. “We need to talk about this issue now because women are one of the fastest growing populations in the U.S. And over the last 25 years, the number of women in Wisconsin’s prisons and jails has quadrupled. Our state jails and prisons, and their policies and programs, were simply not designed to safely and humanely incarcerate women.”

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Eau Claire County Sheriff reports ICE agents were in Eau Claire on Monday

Eau Claire County Government Center, which was visited by ICE agents Monday, Jan. 5. | Photo by Frank Zufall/Wisconsin Examiner

Eau Claire County Sheriff Dave Riewestahl confirmed that on Monday, Jan. 5, federal U.S. Immigration and Customs Enforcement (ICE) agents were sighted within the city of Eau Claire at the Eau Claire County Courthouse, but he noted the sheriff’s office had no contact or coordination with the federal agents and he was not aware of other activity by ICE agents in the county.

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.

Riewestahl said the ICE agents were identified when they arrived at the courthouse and parked a vehicle in the parking lot.

The federal agents “entered on the ground floor and stood in the vestibule,” Riewestahl said. “Some were making phone calls, others were just on their phones and/or talking amongst themselves.”

He added that a “few went further into the courthouse,” probably to use the restrooms.

Concerning whether the ICE agents had contacted his office requesting help to detain people, Riewestahl said, “They have not, nor have we assisted with anything related to ICE.”

Riewestahl shared that the office’s policy manual for field services (patrol) and security services (jail) regarding immigration status directs patrol officers not to detain anyone accused of a “civil violation of federal immigration laws or a related civil warrant,” and the jail is only allowed to hold individuals who have “been charged with a federal crime,” or has been issued “a warrant, affidavit of probable cause or removal order.”

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Bill to establish child grooming as a felony in Wisconsin receives public hearing

“The strong penalties in AB 677 serve as a stern warning and deterrent to bad actors," Rep. Amanda Nedweski said. (Photo by Baylor Spears/Wisconsin Examiner)

A bill that would establish child grooming as a felony crime in Wisconsin received a public hearing Tuesday.

Rep. Amanda Nedweski (R-Pleasant Prairie) and Sen. Jesse James (R-Thorp) introduced the bill late last year after a report from the Capital Times found that there were over 200 investigations into teacher licenses stemming from allegations of sexual misconduct or grooming from 2018 to 2023. 

Nedweski spoke about the case of Christian Enwright, a former Kenosha teacher who pleaded guilty last year to over a dozen misdemeanor counts of disorderly conduct after he had an inappropriate relationship with a 14-year-old student, during the Assembly Criminal Justice and Public Safety Committee hearing. 

“Unfortunately, the Christian Enwright story is all too common. For too long, these cases have been swept under the rug and child victims were put through a lifetime trauma, often knowing that the person who preyed upon them is likely out there doing it to another child,” Nedweski said. “The strong penalties in AB 677 serve as a stern warning and deterrent to bad actors. The bill ensures that adults who exploit positions of trust to manipulate and prey upon children can no longer hide behind misdemeanor charges or technical gaps in state law.” 

Under the AB 677, grooming would be defined as “a course of conduct, pattern of behavior, or series of acts with the intention to condition, seduce, solicit, lure, or entice a child for the purpose of producing distributing or possessing depictions of the child engaged in sexually explicit conduct.” 

Examples of behavior that would constitute grooming include verbal comments or conversations of a sexual nature directed at a child, inappropriate or sexualized physical contact; communication over text and social media to lure or entice a child; promising gifts, privileges, or special attention to lower a child’s inhibitions or create emotional dependence; and acts intended to isolate a child from family or peers.

While the bill was spurred in part due to cases involving teachers, the bill authors told the Assembly Criminal Justice and Public Safety Committee that the bill would not just address grooming happening in the school arena. 

“It is important to remember that grooming can happen anywhere — grooming can happen anywhere, not just in our schools. This bill is not targeted at schools, but at grooming whenever and wherever it might happen,” James said. “I believe that it will have a strong deterrence effect. Clear criminalization of grooming behavior sends a strong message that predatory conduct will not be tolerated in Wisconsin.” 

A person convicted of a grooming charge, under the bill, would be guilty of a Class G felony. The charge would increase to a Class F felony if the person is in a position of trust or authority, and to a Class E felony if the child has a disability and to a Class D felony if the violation involves two or more children. A convicted person would need to register as a sex offender.

During the hearing, Rep. Jodi Emerson (D-Eau Claire) said she thinks the bill is important, but expressed some concerns about whether it could result in a “chilling effect” that would discourage people from taking on mentorship roles or interacting with children. She said she wanted to ensure that lawmakers got the definition of grooming correct.  

“I think that this is a bill that if we get it right, we are going to protect so many kids and if we get it wrong, we are going to put a lot of people at risk,” Emerson said. 

Nedweski said legislators should remember that the bill would be related to a pattern of behavior, not a one-time occurrence, that there would need to be the intention to “entice” a child and it would be up to a prosecutor to decide whether a person’s behavior fits the crime. 

“That’s why we work so hard to get the definition as right as we can,” Nedweski said, adding that she and her colleagues  have worked with law enforcement and prosecutors to develop the bill and looked at what other states have done. “Nothing is ever going to be 100% perfect, but I think we’re pretty darn close.” 

Rich Judge, DPI assistant state superintendent for the division of government and public affairs, registered in favor of the bill on behalf of the agency, though he did not provide testimony. DPI Superintendent Jill Underly has previously said defining grooming is one of the top steps the state can take to work to address the issue.

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Assembly committee considers bills on homelessness and crime

Milwaukee's King Park surrounded by yellow tape

Milwaukee's King Park surrounded by yellow tape after Sam Sharpe, a resident of a temporary encampment there, was shot by Ohio police officers during the 2024 Republican National Convention. (Henry Redman | Wisconsin Examiner)

The Wisconsin Assembly Committee on Criminal Justice and Public Safety on Tuesday held a public hearing on a pair of bills that would require homeless people on the state’s sex offender registry to wear ankle monitors and increase the penalty for selling drugs close to homeless shelters. 

Under the first bill, authored by Rep. Dave Maxey (R-New Berlin), people required to sign up for the sex offender registry and unable to provide a permanent address must be placed under GPS monitoring. An estimated 16% of Wisconsin’s homeless population is on the sex offender registry, according to Maxey, who said he wanted to make sure this population was not a blind spot for Department of Corrections monitoring of people on the list. 

“This bill is a clear and common-sense public safety measure that applies one uniform standard so every registrant is monitored at the same level, regardless of housing status,” Maxey said. “This is a straightforward way to protect every member of our society.”

A number of Democrats on the committee had concerns about putting the proposal into practice. 

Rep. Jodi Emerson (D-Eau Claire) wondered if the cost of the monitoring would end up being paid for by the state. 

“Most times, the GPS monitoring is paid for by the person who needs to wear it eventually,” Emerson said. “And if they don’t have the resources to afford a home, I don’t know if they’re going to have the resources to pay the state back for this. And is this something that we’re just going to end up incurring extra costs on? I’m trying to balance the cost versus safety factor.”

Rep. Sequanna Taylor (D-Milwaukee) noted that the ankle monitors need to be regularly charged, which might pose a challenge for people without a home. 

“When we talk about the GPS, I know even the people that are not in this situation, who may be on it, there are sometimes tweaks or glitches with them, and also the everyday charging, if we’re talking about someone who’s homeless, is not staying anywhere, I guess I’m just trying to see, how can we encompass or ensure that it will be charged, because once it’s not able to be charged and it’s off, are they meant to go report somewhere or is that a process we haven’t thought about yet?”

Another bill heard by the committee Tuesday, authored by Rep. Bob Donovan (R-Greenfield), would add homeless shelters to the list of places including schools, government buildings and public parks that are considered drug-free zones. Convictions for selling drugs within these zones carry harsher penalties. 

“Drug-related crimes pose a severe threat to community safety, particularly in areas where at-risk populations are located, current law wisely imposes enhanced penalties for distributing illegal drugs within 1,000 feet of sensitive locations like schools and parks, adding up to five years to the maximum sentence,” Donovan said. “These Drug Free Zones deter illegal activity and safeguard those who are most vulnerable. However, homeless shelters are not included in these protections. Many, many homeless individuals face profound challenges, including addiction and mental health issues. Extending these zones is about punishing malicious drug dealers who prey upon the homeless while providing basic security for them as they attempt to reenter society.”

But advocates for addiction treatment and criminal justice reform questioned the wisdom of the proposal. 

Dr. Charles Schauberger, an Onalaska resident and president of the Wisconsin Society of Addiction Medicine, said making homeless shelters a drug-free zone could increase police presence around a shelter, which might push homeless drug users away from the area and into more dangerous situations. 

“This legislation is not only ineffective in helping homeless people, but potentially worsens the situation,” Schauberger said. “Increasing criminal penalties for substance-related offenses near shelters may lead to increased law enforcement presence around these facilities for people who use substances they may carry, or may even carry a small amount for personal use, which creates a great deal of fear, fear of harassment, fear of incarceration, fear of losing the only safe place they have yet to go.”

He added that when people are afraid to use shelters, “they don’t disappear. They move further into unsafe spaces. They sleep outside. They use substances alone. They disengage from services. They increase risk of overdose. Medical emergencies, deaths make it much harder for clinicians like me to reach them.”

Amanda Merkwae, advocacy director of the ACLU of Wisconsin, said that while the proposal has an “admirable goal” it comes with unintended consequences. She said that in the state’s larger, denser cities, so much of the land is covered by various drug-free zones that lots of drug-related activity is punished there more harshly than in rural parts of the state. 

“In densely populated urban areas, that radius around each of these integrated locations overlaps to the point where sometimes an entire city can become functionally a drug-free zone,” she said, noting that the city of Milwaukee contains 156 public schools, 101 private schools, 12 multi-unit public housing facilities, four public swimming pools, dozens of youth and community centers, hundreds of child care facilities, six correctional facilities and more than 130 public parks. 

“So studies have shown that these zones don’t necessarily track where drug activity is most prevalent, but rather where certain populations are concentrated,” she said. “So we create this kind of two-tiered justice system based on geography rather than the nature of the crime. So residents in cities can face greater exposure to enhanced maximum penalties than those in rural or suburban areas for the exact same conduct.”

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Pentagon will try to penalize Arizona Sen. Mark Kelly for illegal orders video

Arizona Democratic Sen. Mark Kelly speaks with reporters in the Mansfield Room of the U.S. Capitol building in Washington, D.C., on Monday, Dec. 1, 2025. (Photo by Jennifer Shutt/States Newsroom)

Arizona Democratic Sen. Mark Kelly speaks with reporters in the Mansfield Room of the U.S. Capitol building in Washington, D.C., on Monday, Dec. 1, 2025. (Photo by Jennifer Shutt/States Newsroom)

WASHINGTON — The Defense Department will attempt to downgrade Arizona Democratic Sen. Mark Kelly’s retirement rank and pay, seeking to punish him for making a video along with other Democrats in Congress, who told members of the military they didn’t need to follow illegal orders. 

Defense Secretary Pete Hegseth originally threatened to recall Kelly from military retirement and court-martial him for his participation in the video, but announced Monday that the department would instead try to downgrade his rank of captain as well as his retirement pay. 

“Captain Kelly has been provided notice of the basis for this action and has thirty days to submit a response,” Hegseth wrote in a social media post. “The retirement grade determination process directed by Secretary Hegseth will be completed within forty five days.”

Hegseth added that Kelly’s “status as a sitting United States Senator does not exempt him from accountability, and further violations could result in further action.”

Kelly wrote in a social media post that he planned to challenge Hegseth’s attempt to alter his retirement rank and pay, arguing it’s an attempt to punish him for challenging the Trump administration. 

“My rank and retirement are things that I earned through my service and sacrifice for this country. I got shot at. I missed holidays and birthdays. I commanded a space shuttle mission while my wife Gabby recovered from a gunshot wound to the head– all while proudly wearing the American flag on my shoulder,” Kelly wrote. “Generations of servicemembers have made these same patriotic sacrifices for this country, earning the respect, appreciation, and rank they deserve.”

Kelly added that Hegseth’s goal with the process is to “send the message to every single retired servicemember that if they say something he or Donald Trump doesn’t like, they will come after them the same way. It’s outrageous and it is wrong. There is nothing more un-American than that.”

Constitutional protection

Members of Congress are generally protected under the speech and debate clause of the U.S. Constitution, which states that unless a lawmaker is involved in treason, felony and breach of the peace, they are “privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.”

The Defense Department letter of censure to Kelly alleged that his participation in the video undermined the military chain of command, counseled disobedience, created confusion about duty, brought discredit upon the Armed Forces and included conduct unbecoming of an officer. 

Hegseth wrote in that letter that if Kelly continues “to engage in conduct prejudicial to good order and discipline, you may subject yourself to criminal prosecution or further administrative action.”

Allegations of misconduct

The Department of Defense posted in late November that officials were looking into “serious allegations of misconduct” against Kelly for appearing in the video. 

It didn’t detail how Kelly might have violated the Uniform Code of Military Justice but stated that “a thorough review of these allegations has been initiated to determine further actions, which may include recall to active duty for court-martial proceedings or administrative measures.” 

Hegseth referred the issue to Navy Secretary John Phelan for any “review, consideration, and disposition” he deemed appropriate. Hegseth then asked for a briefing on the outcome of the review “by no later than December 10.”

Kelly said during a press conference in early December the military’s investigation and a separate one by the FBI were designed to intimidate the six lawmakers in the video from speaking out against Trump. 

The lawmakers in the video, who have backgrounds in the military or intelligence agencies, told members of those communities they “can” and “must refuse illegal orders.”

“No one has to carry out orders that violate the law or our Constitution. We know this is hard and that it’s a difficult time to be a public servant,” they said. “But whether you’re serving in the CIA, in the Army, or Navy, or the Air Force, your vigilance is critical.”

The other Democrats in the video — Michigan Sen. Elissa Slotkin, Colorado Rep. Jason Crow, Pennsylvania Reps. Chris Deluzio and Chrissy Houlahan, and New Hampshire Rep. Maggie Goodlander — are not subject to the military justice system. 

Trump railed against the video a couple of days after it posted, saying the statements represented “SEDITIOUS BEHAVIOR, punishable by DEATH!”

Milwaukee Judge Dugan resigns after felony conviction

Milwaukee County Circuit Judge Hannah Dugan leaves the Milwaukee Federal Courthouse on May 15, 2025. Judge Dugan appeared in federal court to answer charges that she helped Eduardo Flores-Ruiz, an undocumented immigrant, elude federal arrest while he was making an appearance in her courtroom on April 18. (Photo by Scott Olson/Getty Images)

Milwaukee County Judge Hannah Dugan is resigning after she was convicted last month of a felony for helping a man avoid immigration enforcement agents in the county courthouse. 

Dugan submitted her letter of resignation to Gov. Tony Evers on Saturday, writing that serving as a judge has been “the honor of my life.” 

“Behind the bench, I have presided over thousands and thousands of cases — with a commitment to treat all persons with dignity and respect, to act justly, deliberatively, and consistently, and to maintain a courtroom with the decorum and safety the public deserves,” Dugan wrote.

Dugan was convicted last month of felony obstruction of justice following a four-day federal trial. The split jury also found she was not guilty of a related misdemeanor. 

The case against her stemmed from an incident at the courthouse April 18 in which she directed an immigrant appearing before her who was in the U.S. without legal authorization through a side door out of her courtroom while federal agents waited in the hallway outside to arrest him. Agents later apprehended the man outside the building. 

Since her April arrest, Dugan’s case has drawn national political attention as an illustration of the Trump administration’s efforts to increase immigration enforcement in ways that many critics say are heavy handed.  

Following the verdict, Wisconsin Republicans demanded that Dugan resign immediately, citing state law that forbids anyone who has been convicted of a felony from serving as a judge. She has been suspended from duty since her arrest. 

Dugan has not yet been sentenced and her legal team has signaled they’ll make a broad and lengthy appeal effort. But Dugan wrote in her letter that the people of Milwaukee County need a permanent judge on the bench. 

“I am the subject of unprecedented federal legal proceedings, which are far from concluded but which present immense and complex challenges that threaten the independence of our judiciary,” Dugan wrote. “I am pursuing this fight for myself and for our independent judiciary. However, the Wisconsin citizens that I cherish deserve to start the year with a judge on the bench in Milwaukee County Branch 31 rather than have the fate of that Court rest in a partisan fight in the state Legislature.”

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Bill aims to increase state support for wrongly convicted Wisconsinites

Wrongly convicted people in Wisconsin can wait months to have their cases reviewed and receive compensation that does not meet their needs, advocates say. A bipartisan bill in the state Legislature aims to address those problems. | Photo by Caspar Benson/Getty Images

On Dec. 3, a committee of Wisconsin lawmakers heard from Gabriel Lugo about his time in prison before his conviction was overturned. 

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.

Lugo testified through a statement read by attorney Rex Anderegg in a hearing of the Assembly Committee on State Affairs. He said he experienced constant lockdowns that severely restricted his movement and some correctional officers treating him as less than human. 

Lugo, 36, was convicted of first-degree reckless homicide in 2009 and spent the majority of his incarceration in Waupun Correctional Institution, the state’s oldest prison, which has received scrutiny for prison deaths and living conditions. After Lugo’s conviction was overturned, he was released from jail in June 2023.

According to Christopher Lau of the Wisconsin Innocence Project, the project has helped exonerate more than 30 people. Clients leave prison with medical ailments and emotional trauma, without familial support, employment, savings, and often, with nowhere to call home, his testimony stated. Many struggle to re-enter society. 

Exonerees often have to wait months to get on the agenda for the claims board’s meetings, Lau stated. If they qualify, the law doesn’t provide enough to ensure stable housing, he said, “to say nothing of the costs of social services like counseling, vocational assistance and access to health insurance.” 

The Wisconsin Claims Board can award up to $25,000 in compensation, at a rate not greater than $5,000 per year for the imprisonment, and has also awarded attorney fees. It can recommend that the state Legislature issue additional compensation. 

In February 2016, the Assembly unanimously approved a bill that aimed to increase state support for wrongly convicted people, including enabling the claims board to issue higher payouts. It did not become law. 

AB 583, a bill currently in the Legislature, also aims to provide more aid more quickly to wrongly convicted people. Under the bill, a wrongly convicted person would receive compensation at a yearly rate of $50,000, prorated daily, for the imprisonment; the total would not exceed $1 million. The claims board would adjust the rate yearly to account for the cost of living, and it would be able to award compensation in an annuity payable over time. 

The bill addresses when people who received compensation for wrongful imprisonment in the past can petition for more under the new law, potentially allowing some to receive more compensation. 

The bill lays out when wrongly convicted people could have health care coverage under plans offered by the Group Insurance Board to state employees. 

Under the bill, if a person is released from imprisonment on the basis of a claim of innocence, they could petition for a court order directing the Department of Corrections to create a transition-to-release plan. They could also petition for a financial assistance award of up to 133% of the federal poverty level for up to 14 months, or while compensation proceedings are pending, whichever is shorter. 

State legislators who introduced the bill included Republican and Democratic lawmakers. Sen. Van Wanggaard (R-Racine), chair of the Senate Committee on Judiciary and Public Safety, submitted testimony in support of the bill. 

The bill bars some people from filing a petition with the claims board for compensation for wrongful imprisonment, such as a person who is convicted of a violent crime after being released. 

Records-sealing language

Also under the bill, a person released from imprisonment on the basis of a claim of innocence could petition the court for the sealing of all records related to the case. For Lugo, it took about two years to get a response from job applications because his case was still visible online, his statement said. 

A similar provision in the bill that the Assembly passed in 2016 drew pushback from the Wisconsin Freedom of Information Council, which argued that it would “dramatically compromise the ability of media and the public to examine what went wrong in cases in which things are known to have gone terribly wrong.”

On Dec. 22, the Wisconsin Examiner reached out to the office of Rep. Jessie Rodriguez (R-Oak Creek), one of the lawmakers who introduced the bill, about the provision and the council’s concern in 2016. 

“Thank you for bringing this information to our attention as we were not aware of this when we introduced the bill this session,” Rodriguez said in an emailed comment. “The organization has not reached out to us with any concerns at this time.”

Lawsuits

Wrongly convicted people may also attempt to obtain a monetary award through lawsuits. The bill addresses the possibility of a person receiving a settlement, judgement or award for damages in a federal or state action related to their wrongful imprisonment. 

Under one of these parts of the bill, if the person obtains a settlement before the claims board awards them compensation, the claims board would subtract the amount from the board’s compensation. 

Changing the process

Under current law, the claims board is responsible for finding whether the evidence of the person’s innocence is “clear and convincing.” 

The claims board members come from the Department of Justice, the Department of Administration, the Office of the Governor, the Wisconsin Senate and the Wisconsin Assembly. The Senate and Assembly members are Sen. Eric Wimberger (R-Oconto) and Rep. Alex Dallman (R-Markesan).

Under the bill, when the claims board receives a petition for compensation for an innocent convict, it would be referred to the Division of Hearings and Appeals in the Department of Administration. The division would find whether the evidence is clear and convincing that the petitioner was innocent of the crime they were imprisoned for. 

If the evidence is clear and convincing for innocence, the division would transmit its findings to the claims board, which would decide what amount of compensation would be equitable. 

Individual bills

In a decision dated Jan. 30 of this year, the claims board awarded $25,000 to Gabriel Lugo, plus approximately $77,000 in attorney fees, and recommended that the Legislature award him an additional $750,000.

According to Rodriguez, the Legislature has only passed individual appropriation bills awarding additional compensation three times. 

Rodriguez’s testimony stated that it’s estimated that around 72 people have been exonerated in Wisconsin since 1990, and that seven received recommendations for compensation above the cap. She stated in a press release that “the Legislature should not have to play judge and jury again” when there is already a process at the claims board. 

“Without these reforms, exonerees would continue to need individual appropriation bills to receive an adequate amount of compensation,”  Rodriguez stated in a press release. “These bills have rarely been acted upon, and even more rarely are signed into law.”

The board has also recommended that the Legislature issue additional compensation for Robert and David Bintz, who were released from prison in the fall of last year.

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