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

When a prison built in the 1800s is still housing people in 2025 with the same aging infrastructure, we have to be honest, the system is broken. Wisconsin’s prisons have been in crisis for years, and for the first time in a long time, we’re seeing a small but important step toward change. 

Gov. Tony Evers recently received bipartisan approval to overhaul Wisconsin’s aging prison system and close the outdated Green Bay and Waupun prisons. The overhaul strategy includes a $15 million project investment and outlines a four-year process to reduce the number of beds, modernize facilities, and shift the focus toward rehabilitation and safety. That’s progress, but 2029 is too far away, and Evers’ plan lacks the kind of decarceration measures needed to actually reduce the prison population and make Wisconsin safer. 

The reality inside our prisons doesn’t have four years to wait. People are dying. Staff are exhausted. Families are breaking under the weight of a system that punishes more than it prepares people to come home. Every delay costs lives and wastes taxpayer dollars that could be used to help people rebuild instead of being locked away. 

I know this firsthand because I lived it. I spent part of my incarceration inside Green Bay Correctional Facility, one of the oldest and most overcrowded prisons in Wisconsin. The facility was built in 1898 with a design capacity of about 17,000 people statewide, yet Wisconsin’s prison population has hovered above 22,000 for years. That means thousands of people crammed into cells meant for far fewer. Walking those halls, you can feel the age of the place, the air thick with humidity, the bitter cold in winter, and the lack of ventilation that makes it hard to breathe. The walls are cracking, the infrastructure is failing, and the environment itself strips people of their dignity. 

Those conditions don’t make anyone safer. They don’t prepare people for reentry. They create desperation, both for both the incarcerated and the staff working inside. The best way to ensure a safer Wisconsin is to get the people who are ready to reenter society out of our prisons and into reentry. Overcrowded and understaffed prisons overtax our correctional officers and make prisons unsafe for officers and incarcerated people. In addition, understaffing makes it harder to ensure that everyone gets the programming that they need. The Federal First Step Act and CARES Act Home Confinement have both proved that bringing the right people back early can result in lower recidivism, better public safety and safer and more effective prisons. 

I was one of the many people affected by Wisconsin’s Truth in Sentencing law, which eliminated parole and early release. That law has kept countless people behind bars longer than necessary, removing the hope and incentive that parole once provided.

If Wisconsin wants to lead on justice reform, this can’t just be a construction project. Real reform means reducing the number of people behind bars, ending excessive revocations, expanding reentry programs, and investing in housing, treatment, and mental health care. It means giving people a path forward, not just warehousing. 

According to the Prison Policy Initiative, Wisconsin imprisons about 663 people per 100,000 residents, far more than Minnesota (173) or Illinois (341). Despite years of promises to reform, the state’s prison population has remained between 21,000 and 23,000 people for nearly two decades. 

Nearly 40% of new admissions each year come from revocations, not new crimes, meaning thousands are sent back to prison for breaking supervision rules like missing curfew, losing housing, or failing a drug test. That’s roughly 4,000 to 5,000 people every year, based on Department of Corrections data. I lead a statewide Smart Justice campaign focused on ending these excessive revocations, because it’s one of the biggest drivers of mass incarceration in Wisconsin. 

Add to that the worst racial disparity in the country. Black residents are imprisoned at 11 times the rate of white residents, according to the Sentencing Project, and it’s clear that our problem isn’t just old buildings. It’s old thinking. Reducing prison beds without changing these policies is like draining a bathtub while leaving the faucet running. Until we reform supervision, expand early release and invest in reentry and community support, the system will keep refilling itself. 

Closing prisons built in the 1800s is a step in the right direction, but it has to come with urgency and intention. We can’t keep reacting; we have to start transforming. The same energy that went into passing this plan must go into implementing it quickly and with input from the people most affected by it, those who have lived behind those walls, their families and the communities most affected by incarceration. 

As we head into a new election season, this issue must be front and center for every candidate running for governor. Wisconsin deserves leaders who will move us forward, not just talk about reform, but act on it. The next administration should be judged on whether it has the courage to close outdated prisons, expand second chances, and build a system rooted in rehabilitation, dignity, and justice. 

Gov. Evers was right when he said, “We’ve got to get this damned thing done.” But getting it done means more than moving money; it means moving with purpose. Justice reform isn’t about buildings; it’s about people. 

Wisconsin’s motto is Forward. It’s time for our justice system and our next governor to finally live up to that.

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Surveillance cameras monitor traffic on a clear day | Getty Images Creative

The Greenfield Police Department has been engulfed in controversy since its chief was charged with felony misconduct in public office earlier this month. Chief Jay Johnson is accused of having a pole camera, owned and operated by the police department, installed at his Racine County home in late 2024. A 15-page criminal complaint states that Johnson put up the camera for personal use while he was in the process of divorcing his wife. 

The complaint also states that Johnson’s alleged personal use of the camera  violated the wishes and advice of Greenfield’s mayor, city attorney and members of the police department. In July, special agents from the Wisconsin Department of Justice (DOJ) Division of Criminal Investigation (DCI) attended a meeting held at Greenfield City Hall to discuss a months-long investigation with city officials. 

According to the complaint, the special agents “were advised that during an internal investigation of Chief Johnson, which was conducted earlier in 2025, investigators uncovered actions they deemed as possibly criminal in nature. Outside agencies were later contacted to investigate potentially criminal violations committed by Chief Johnson.” 

Interviews with Greenfield’s human resources director, mayor, city attorney and police department staff turned up statements  that Johnson wanted to use a tax-payer funded, police department-owned pole camera at his home in Wind Lake because of  “safety concerns stemming from his divorce,” according to the complaint. Mayor Michael Neitzke said Johnson claimed to have been attempting to get a retraining order against his wife “in part because she was dating a felon,” the complaint states. Johnson claimed to have experienced harassment including a white rose being left in his driveway. The chief’s restraining order was denied, the complaint states, after which he asked the mayor about installing a pole camera. “Mayor Neitzke advised agents that he did not understand the type of camera Chief Johnson was talking about and believed it was equivalent to a trail camera or Verizon-type camera,” the complaint states. 

The mayor gave Johnson the go-ahead to install the camera, but later began to reconsider the decision. Neitzke contacted city attorney Christopher Geary, who said Johnson shouldn’t install the camera “citing legal issues with its use for personal reasons.” Geary then contacted Johnson stating that “his divorce is not related to his job,” the criminal complaint states. Johnson’s reaction was reputedly bombastic, “‘I think it’s f-ing ludicrous,’ was the exact quote,” Geary wrote in an email to the mayor. 

Johnson tried to argue that what he wanted was no different from the security former Gov. Scott Walker received during the Act 10 protests, and that a prior Greenfield police chief also had home security. “I tried to explain the difference is that the threats in those situations stemmed from the person’s public employment and/or public policy positions, whereas this is, as I understand it, an entirely personal situation,” Geary wrote in the same email, which is featured in the criminal complaint. “He didn’t appreciate the distinction.” 

The mayor said he thought that was where the issue ended, and that Johnson hadn’t installed the camera. In December 2024, however, Greenfield Police Department  Captain Chuck Fletcher was asked by Johnson about installing the pole cameras, according to the complaint. Fletcher told the DCI special agents that he had known Johnson his entire career and “considers him a close friend.” Fletcher stated that he also knew Johnson’s wife, and didn’t consider her to be an angry or violent person. Johnson allegedly told Fletcher that he wanted to keep the camera installation “low key” and discrete. Fletcher then assigned Detective Scott Simons to handle the installation, and told investigators that he did not know that the city attorney had advised against it. 

The complaint states that Fletcher communicated the chief’s desire to be “low key” and quick about things to Simons. The detective said he was asked to “change the password for logging onto the camera, as all pole cameras have a general username and password,” according to the complaint. “The camera that was to be installed at the Defendant’s residence would have a unique username and password.” Although Greenfield’s pole cameras are owned and monitored by the police department, they are installed by We Energies technicians. A camera was taken down “from a closed drug investigation,” according to the complaint. Simons told another detective that it was “being installed in another county for another investigation.” The camera was eventually installed across the street from the chief’s home. 

Some time later, Greenfield Police Association president and detective Aaron Busche “found out by accident” about the chief’s personal camera. Busche keeps track of the department’s four pole cameras, which are listed on a whiteboard by number and location. Busche realized that the camera at Johnson’s home had no documented location. “Detective Busche was told by Detective Scott Simons that the camera was loaned to an outside agency for their investigation,” the complaint states. “Detective Busche was not told what agency the camera was loaned to.”

 

Criminal Complaint_1 - Johnson, Jay A_ 2025CF005150_ Johnson, Jay A._28099053_1

 

In the spring of 2025, Busche heard that there was video feed from the mystery camera, but then realized he couldn’t log in because the password had been changed. Busche then used a “backdoor process” to access the camera feed, and realized it was the chief’s home. During a meeting with acting chief Eric Lindstrom, Simons was asked to take the camera down. 

Johnson is accused of violating Greenfield PD’s standards of conduct by using department equipment for personal gain, and omitting or even falsifying information given to staff who carried out the camera’s installation. The criminal complaint also accuses Johnson of threatening behavior towards law enforcement. In late August, it states, a person attempting to disguise their voice called the police department saying, “Hello you f-ing pigs, revenge is sweet!” The dispatcher and Busche both recognized the voice as Johnson’s. 

Acting Chief Lindstrom had also filed a complaint against Johnson with the Oak Creek Police Department, accusing Johnson of threats and harassment over Facebook, LinkedIn, and Instagram. One email copy says: “He’s on board, hold on tight!!!! Idiot and the ice princess will pay dearly. JJ DOJ is the man! Boom. God is good.” Another message says: “KL is on board. Friday meet with us. Ughhh. So unnecessary but he’s all in for me rn. HR and MN GOING DOWN!!!! EL is dirty so stay tuned. TY owe you!!!!” The criminal complaint states that “EL” is a reference to Eric Lindstrom who, like Busche, has also served on the Milwaukee-area team which investigates civilian deaths by police. 

The controversy raises questions about oversight of police surveillance technology, accountability for officers, and how problematic police officers climb the ranks. Community members in Milwaukee County have pushed for Community Control Over Police Surveillance (CCOPS) local ordinances, which would provide more oversight and control of police surveillance tools.

Fox6 reported that a string of disciplinary issues going back to 2013 followed Chief Johnson. The news outlet obtained documents which described Johnson, who was a captain at the time, as having issues with “failing to own decisions and initiatives by administrative staff” or “engaging in inappropriate conversations with officers.” Johnson had been accused of sharing management-level discussions or information related to subordinates, and planning a “booze cruise” and other organized parties. 

A 2015 memo stated that “he can’t be allowed to supervise,” and in 2017 he signed a settlement to become Greenfield’s emergency management coordinator with the fire department, before becoming chief. Asked by Fox6 how Johnson became chief, Mayor Neitske redirected blame to the city’s Police and Fire Commission.

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Lawmakers and community organizers gather outside the Milwaukee County Courthouse to announce a package of bills related to conditions inside prisons and jails. (Photo by Isiah Holmes/Wisconsin Examiner)

On Monday, a group of state and local lawmakers expected to see firsthand the conditions within the Milwaukee Secure Detention Facility (MSDF), a state-run facility imprisoning people for things like probation and parole violations. Lawmakers said the Department of Corrections (DOC) approved the tour, only to back out. It wasn’t the first time that elected officials have reported being denied tours of prisons and jails around the state, many of which continue to produce troubling accounts of the conditions inside their walls. 

“Let me be clear, the conditions in Wisconsin’s correctional facilities are not simply unfortunate,” said Rep. Darrin Madison (D-Milwaukee), standing with other elected officials and community organizers on the steps of the Milwaukee County Courthouse on Monday. “They are unacceptable…We are not going to normalize inhumanity.” 

Madison said that in some incarceration facilities, people may be locked in their cells for 20-23 hours a day for months. “They are denied sunlight,” said Madison. “They’re denied movement. They’re denied programming. They’re denied medical care. They’re denied basic human contact. There are facilities where people can’t even get consistent access to quality hygiene products. Where food is so poor, it does not meet the nutritional needs of grown adults…Where communication with family, the very thing that reduces recidivism, is treated like a privilege instead of a right.” 

Inhumane conditions in Wisconsin’s  jails and prisons, Madison said, is “state-sanctioned violence, and it’s being done in our name and disguised as justice.” Rather than creating spaces where rehabilitation can occur, Madison said, the Legislature has favored “choices related to punishment over rehabilitation, control over care, silence over accountability.” He stressed that “when you run a system on punishment and silence, abuse becomes the operating procedure.” 

That’s why Madison, alongside other elected officials and organizers from Ex-Incarcerated People Organizing (EXPO) and the Milwaukee Alliance Against Racist and Political Repression, gathered outside the courthouse in Milwaukee to announce a package of bills aimed at improving conditions in prisons and jails. The bills would accomplish a number of things including:

• Guaranteeing 180 free minutes of telephone access, 60 minutes of free video calling, and 100 free messages per week to incarcerated people. In-person visits would also not be replaced with video or phone calls, 
• Increase wages to incarcerated people to at least $2.33 per hour. In  Wisconsin most incarcerated people are paid anywhere from nothing to 40 cents per hour, 
• Guaranteeing at least four bathing periods for people incarcerated in  state and county facilities, 
• Providing culturally sensitive products and a $25 a month stipend to help pay for them, female hygiene supplies, and other grooming and hygiene products, 
• Guaranteeing up to two in-person visits a week, and allowing incarcerated people to have up to 25 registered visitors who may embrace them for up to 20 seconds before and after visits, 
• Requiring that all state and county correctional facilities provide recreational activities, as well as organized and structured programming,
• Ensuring that people placed in solitary confinement are given a book, pen or pencil, paper, envelopes, hygiene products, a personal address book, and other supplies within two hours of being placed in restrictive housing, requiring structured programming while in solitary confinement, guaranteeing access to case managers, and providing three 25-minute video visitation periods per week, 
• Ensuring that housing units are kept at 68-76 degrees Fahrenheit, 
• Granting incarcerated people the ability to see the outdoors at least three hours daily, and the ability to be outside and up to three hours a week, 
• Creating a public dashboard with status on solitary confinement, prison lockdowns, and complaints, 
• Ensuring that lawmakers are able to access prisons and jails for oversight purposes, 
• Allowing counties to oversee control of a jail if lawmakers vote to do so, 
• And requiring jails and prisons to provide written documents to incarcerated people detailing their rights, and ensuring the document can be viewed and accessed throughout any correctional facility. 

Justin Bielinski, a Milwaukee County supervisor and chair of the Judiciary, Law Enforcement, and General Services Committee, quoted the adage that with great power comes great responsibility and added, “our carceral system is the ultimate power, depriving people of their freedom.” Bielinski said she  fears that “we’re not holding up our end of the bargain and our responsibility to keep people safe and free from harm.” 

Meanwhile, Milwaukee County is running out of space in the jail and Community Reintegration Center (CRC). “So it’s more important than ever that the conditions inside these facilities are the best that we can make them so that when people come out, they are not worse, that they are at least the same, if not better.” Bielinksi said. She added, “The Sheriff’s Office has been resistant to every attempt that we’ve made to offer change, offer oversight within the jail.” Rep. Ryan Clancy (D-Milwaukee), who was also in attendance on Monday, said he has also battled the Milwaukee County Sheriff’s Office to visit the jail and improve conditions there.

Although the county board can pass resolutions, they are not binding and do not usurp the authority the sheriff has over the jail. “We cannot force change inside of that facility,” said Bielinski. “And so we do need state legislation to help us out with that…We know these things are going to cost money, but we cannot let money be the excuse for treating people in a way that is less than human. And if we can’t find the money, then we shouldn’t be locking this many people up.” 

Bielinksi recalled the string of deaths inside the Milwaukee County Jail from 2021 to 2022, which led to a third-party audit of the jail. Yet in that audit, Bielinksi said, the county didn’t address the specific circumstances that led to the deaths. Among the people who died were 21-year-old Brieon Green and 20-year-old Cilivea Thyrion, whose deaths were both ruled suicides despite  their families’ insistence that jail staff were at the very least negligent in their care. Green and Thyrion’s loved ones joined local activists in calling for reform to the jail and sheriff’s office. 

December will mark three years since Thyrion died. Kayla Patterson, a member of the Milwaukee Alliance Against Racist and Political Repression, highlighted the deaths and riots at the jail in recent years. “And we will continue to see that until the sheriff and her office are held accountable,” said Patterson. “This legislative pack should represent one of the first steps in standing with the people of Milwaukee for jail oversight that works with them, and not against them. For real transparency input into how our loved ones are kept while in custody. In the Alliance there’s a slogan we use: ‘In your custody, in your care.’ These are not just inmates, but community members that deserve dignity 24-7 during their time in the jail.” 

Conditions within state prisons have also been under the microscope. Last year, the warden of Waupun Correctional and eight other staff members were charged with crimes related to the treatment and neglect of people within the prison, which may have contributed to a string of four deaths from 2023 to 2024. 

The deaths included Dean Hoffmann, ruled suicide by hanging, Tyshun Lemons who overdosed on a substance containing fentanyl, Cameron Williams who complained of breathing issues and was found unresponsive in his bed, and Donald Maier, who died while in solitary confinement of dehydration and malnutrition. Water to his cell had been shut off, and correctional officers allegedly knew that Maier’s mental condition was worsening, that he had not eaten for days, and had begun drinking sewage water. In 2025, Waupun warden Randall Hepp was convicted of a misdemeanor in Maier’s death, and fined $500. Hepp pleaded no contest. 

The DOC didn’t respond to a request for comment, and the story will be updated with any reply from them. 

Sen. Chris Larson (D-Milwaukee) said at the press conference, “We invest, as a state, millions of dollars in folks who are in our care. And they should be coming out on a trajectory of success to make sure that they are finding a job, finding a community, and the only time they think about their time incarcerated is in the rear view mirror, in the past tense. Unfortunately, the way that we have this set up is a broken ‘tough on crime’ idea that once you touch the criminal justice system it is cruel to you, it diminishes you, and it never lets you go.” 

Androne Lane has experienced the struggles Larson described. He came home in 2018 after spending time in several prisons including Waupun, Green Bay, Red Granite and  Fox Lake. “I think it was important for me to come out and speak today because being a returning citizen, this bill or this movement that these guys are pushing to me is like a basic, like our own constitution for returning citizens,” Lane told the Wisconsin Examiner. “We’re not asking for a lot, we’re asking for dignity. We’re asking for humanity.” 

The priorities outlined in the bill package cover things that would help incarcerated people heal and become whole, Lane said. When people return home from prison, Lane continued, “How do you get a community to accept them coming back in there? And what does that look like for encouraging the community or an individual coming back to recover something that wasn’t replaced?” 

Lane and other advocates say there needs to be a “community care plan” for people returning home from incarceration. When Lane returned home, he told the  Examiner, it took a while for him to accept that he needed mental health therapy. “I think one of the hardest things for individuals is to ask for help, not knowing what help you need,” he said. “When I came home there was a lot of things that was on the surface that I had to deal with. But there was a lot of things inside that I didn’t know I was dealing with.” On the surface, Lane was unemployed and deeply stressed, but on the inside he was struggling with the trauma of being molested as a child, and he didn’t know how he’d be accepted in the community. “What does mental health look like for us? What does wellness look like …and what is this ‘whole’ that everybody is working for?” 

Rep. Margaret Arney (D-Wauwatosa), said the bills embody important work for Wisconsin to take on. “I hate living in a state where we lock up so many people and have so little regard for how those people live their lives,” Arney told the Examiner. “It’s a heartbreaking, enraging type of situation…When I look around and say, ‘What’s as bad as slavery was?’ And I think of the conditions of incarceration in the state of Wisconsin. That us as the United States, we’re addicted to locking people up, and in Wisconsin we do it even more so and even worse than in other states. And even though it costs a tremendous amount of resources, there’s so little willingness to engage in what those resources are here for, what we’re doing. Why does it cost so much to treat people so badly? Why do we, everyday, just put up with the fact that we’re somewhere on the order of 5,000 people over capacity?” 

Although “conditions of confinement” sounds like a “sterile” term to Arney, she said,  it’s not. “It’s human beings that are being treated at torture-level conditions, and I just can’t stand that.” 

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A bipartisan bill in the Wisconsin legislature would impose mandatory minimum sentences on people convicted of human trafficking. Advocates worry the penalty could be applied to victims.Close up shot of fingerprint paper | Getty Images

A bill that would require judges to sentence people convicted of human trafficking to at least 10 years in prison, or at least 15 years for trafficking a child, is advancing through the Wisconsin Legislature.  

Human trafficking involves the use of force, fraud or coercion for labor, services or commercial sex acts. Trafficking of a child includes knowingly attempting to recruit a child for commercial sex acts. The bill would also increase the maximum prison time a person can receive for trafficking. 

Sen. Van Wanggaard (R-Racine) wrote that the bill “will continue to put a dent in human trafficking in Wisconsin.” Rep. Jerry O’Connor (R-Fond Du Lac) listed five cases in which, he wrote, a person convicted of sex trafficking received between six and eight years in prison. It appeared that the cases took place in states other than Wisconsin. 

“AB 265 ensures that these soft-on-trafficking policies never happen in Wisconsin,” O’Connor wrote. He argued that the bill’s mandatory minimums ensure adequate punishment and prevent offenders from doing further harm. 

The criminal justice advocacy group Ex-Incarcerated People Organizing (EXPO) and the president of the Wisconsin Justice Initiative oppose the mandatory minimums, arguing that there is a lack of evidence they will be effective at reducing trafficking. EXPO argues in an email to the Wisconsin Examiner that mandatory minimums risk unintended harmful consequences and resources are better spent on areas such as prevention and victim services.  

The LOTUS Legal Clinic in Milwaukee, which works with survivors of human trafficking, expressed concern in a written comment submitted on the Senate version of the bill in September. Executive Director Erika Petty wrote that many of LOTUS’s clients might support the mandatory minimum in principle, but expressed concern about unintended consequences for trafficking victims. 

“Traffickers commonly shield themselves from criminal accountability by forcing their victims — often at a very young age — to post ads, recruit new trafficking victims, and facilitate encounters,” Petty wrote in her comment, which was brought up in the Senate Committee on Judiciary and Public Safety. “Thus, the victims themselves become vulnerable to criminal prosecution for human trafficking.”

The bill’s mandatory minimums would apply if a person is convicted of human or child trafficking in adult court, Amber Otis, senior staff attorney with the Wisconsin Legislative Council, wrote in a message to lawmakers on the committee.

Petty argued that under the bill, a victim forced to participate in trafficking of others would fall under the mandatory minimum, just like their trafficker. She provided language for lawmakers to consider; if added to the bill, it would create exceptions to the mandatory minimums that would give judges the ability to hand down lighter sentences or probation to people who offer evidence that their offense is the direct result of a violation of the trafficking statutes.

A 2017 Northwestern University Law Review article made a suggestion in the same vein as Petty’s, proposing that Congress create a “safety valve” for “lead prostitutes,” or “bottoms,” who are both victims and perpetrators of trafficking, to allow them to receive a sentence lighter than a mandatory minimum if certain criteria were met. An article in Anti-Trafficking Review describes a case where a woman named Keosha Jones was both perpetrator and victim of sex trafficking.

Petty wrote that LOTUS attorneys currently had multiple cases involving convicted survivors. The clinic doesn’t handle criminal defense, but LOTUS can work with survivors on their rights as crime victims and see if they can alleviate a survivor’s criminal record, Petty told the Examiner in an interview. A survivor may have a criminal record as a result of trafficking that creates barriers to gainful employment and safe housing. 

While the bill was introduced by Republicans, the Assembly Committee on Criminal Justice and Public Safety approved it unanimously, and Minority Caucus Chair Lisa Subeck (D-Madison) and Rep. Shelia Stubbs (D-Madison) have been added as coauthors. It has since passed the Assembly. 

The Senate Committee on Judiciary and Public Safety approved the Senate bill along party lines, with the committee’s three Democrats voting against. 

People convicted of benefiting from human trafficking or receiving compensation from the earnings of debt bondage, the prostitution of others or a commercial sex act would also receive a mandatory minimum sentence of 10 years, or 15 years for benefiting from child trafficking. 

The bill would also increase the amount of prison time a judge could hand down for trafficking and give prosecutors a longer window to charge someone with human trafficking. 

Victims have a defense in court, but concerns remain

The Examiner reached out to Sen. Wanggaard in September about LOTUS’s comment and suggested amendment. Wanggaard aide Scott Kelly said that “we do not believe an amendment is necessary.” 

If a trafficking victim commits a crime as a “direct result” of a violation of human trafficking law, the victim can use an affirmative defense in court. Kelly referenced the affirmative defense and the 2022 Wisconsin Supreme Court ruling in State v. Kizer, which involved a woman who killed a man prosecutors admitted had sexually abused her. 

The court held that an offense is committed as a direct result of a violation of the human trafficking statutes if there is “a logical, causal connection” between the offense and the trafficking. Other events or considerations must not have played a significant role in causing the offense. 

If a victim is charged and convicted of trafficking, that would mean the victim did not successfully assert the defense, Otis wrote. This could occur if the prosecutor proved beyond a reasonable doubt that the defendant did not meet the elements of the defense. 

Even with the affirmative defense, Assistant State Public Defender Katie York of the Wisconsin State Public Defenders Office told the Examiner that she thinks the bill puts trafficking survivors at risk. 

York opposes the human trafficking mandatory minimum in general, and said it takes away the opportunity for prosecutors, defense attorneys and judges to evaluate each case based on individual circumstances. York said she thinks judges are well equipped to make decisions and she doesn’t believe that this area of the law needs more specific parameters. 

York said how well the defense can be used to protect a trafficking victim is “largely untested at this point.” 

Also, if there is a situation where a jury doesn’t think the defendant meets the “direct result” standard for the affirmative defense, the trafficking still might have been a contributing factor to the defendant’s involvement in the offense, York said. A judge could take that into account. 

“So they could be found guilty of trafficking, even if they tried the affirmative defense,” York said. “But, if the judge is looking at the full picture when they’re sentencing someone, which is what judges do, they would want to take into consideration how that person got involved in the trafficking.”

If a person got involved in trafficking because they were originally trafficked themselves, that would be an important factor for the sentencing judge, York said. 

A person might have some culpability, without having as much culpability as whoever drew them in or forced them into human trafficking, said Sarah Schmeiser, president of the Wisconsin Association of Criminal Defense Lawyers. 

Schmeiser said prosecutors use mandatory minimums to force plea deals, as someone charged with a crime that carries a mandatory minimum sentence has an incentive to plead guilty to a lower charge with a lower penalty instead of risking the mandatory minimum sentence at trial. 

York thinks traffickers could use the mandatory minimum as a tool to further coerce their victims.

“So if… they say, ‘Hey, I need you to post this on Backpage,’ or ‘I need you to talk to this girl for me,’ or whatever it is to bring them into the trafficking, they’re putting that person at risk of criminal liability,” York said. “And then the trafficker can say, ‘And, now you better be careful and listen to what I have to say, because otherwise, you’re going to get in trouble with law enforcement and you’re going to go to prison for 10 years,’ or whatever the mandatory minimum is.”

Increased penalties 

Under the bill, someone convicted of committing or benefitting from human trafficking would be guilty of a Class C felony, which carries up to 25 years in prison. Receiving compensation from the earnings of debt bondage, a prostitute or a commercial sex act would become a Class E felony, which carries up to 10 years in prison. The mandatory minimum of 10 years in prison would apply to all human trafficking offenses.

Committing or benefitting from child trafficking would become a Class B felony, which carries up to 40 years in prison. Child trafficking offenses would carry the 15-year mandatory minimum. 

More time to prosecute

The bill would also increase the statute of limitations for human trafficking from six years to 10 years, allowing more time for prosecution. During an Assembly hearing, Investigator Luke Johnson of the Racine County Sheriff’s Office said many human trafficking victims struggle to leave their traffickers. 

“It is very easy for victims to be trapped in a life for many years before having a chance to get out or feeling comfortable enough to disclose to law enforcement or anyone else,” Johnson said. 

Of the human trafficking charges filed under the state law between 2018 and 2023, so far 14 charges have led to convictions, according to Wisconsin Court System data. For trafficking of a child, so far, 32 charges have led to convictions. This does not represent the number of people convicted, as a person can be charged more than once in a case. Charges of benefiting from human or child trafficking were less frequent. 

The National Human Trafficking Hotline reports it has identified 1,117 cases of human trafficking in Wisconsin since 2007, with 2,212 victims identified in those cases. There were 445 allegations of child sex trafficking across Wisconsin in 2021.

“It is imperative to note that in this underworld of crime, there are far more cases that are not reported to law enforcement,” Rep. Jerry O’Connor wrote in a comment on the bill. 

Burden of proof 

Senators discussed LOTUS’s comment during a hearing of the Senate Committee on Judiciary and Public Safety in September, with Sen. Dora Drake (D-Milwaukee) raising concern about charging and criminalizing victims. 

Committee chair and Sen. Van Wanggaard said he thinks investigators understand that a person might be coerced to participate in human trafficking. 

Otis’s email to the Senate committee noted that the district attorney has discretion over whether and how to charge someone with trafficking depending on the situation. 

It’s difficult to prove whether someone is a victim of human trafficking, York said. She added that the victim may not identify as a victim of trafficking, and may view their trafficker as a boyfriend or someone they relied on. 

“It’s a challenge to kind of go back and unpack years worth of trauma and history to say, ‘OK, this is what originally happened, and this is how we got to where we are,” York said. 

At times, a plea deal may work out better for the individual than using the affirmative defense, York said, due to the mental toll the defendant would experience from going in front of a jury and speaking about what happened to them. A mandatory minimum limits the ability to negotiate for the client, she said. 

Erika Petty of LOTUS suggested there could be a situation where someone is not ready to identify as a victim of trafficking at the trial stage, but the situation changes by the time of sentencing. 

Petty referenced a law that allows a person convicted of prostitution to submit a motion for a court to overturn their conviction if certain criteria are met, including that the person was a victim of trafficking for the purposes of a commercial sex act. Human trafficking convictions aren’t covered. 

Potentially, a survivor could appeal a decision, Petty said, but “those are all very specific, and have to align with timing and whatever underlying issue wanted to be appealed.”

Whose expertise informed the bill? 

Shortly before the Assembly voted on the bill, Rep. Robert Wittke (R-Caledonia) said the bill came to lawmakers from Investigator Luke Johnson. Johnson’s comments state that from 2023 to earlier this year, he had an opportunity to serve on a task force specifically targeting human trafficking and internet crimes against children. 

“I urge any of you that have any trepidation with this bill to sit down with those in the front line that actually do this work and actually see this firsthand,” Wittke said. 

During the hearing in the Senate in September, Drake asked Wanggaard and Wittke if they had reached out to any groups or partners that work with victims of human trafficking outside of law enforcement for input. 

Wanggaard said he didn’t know of any group recently that they talked with specifically about this draft, but said that “we have [done so] for most of the content in this draft.” He said he thinks law enforcement was probably the most vocal “because they’re seeing the same people out there, continuing to reoffend.”

Wittke said he didn’t go to any other groups and that “this came specifically from sitting down with Inspector Johnson.” 

Sen. LaTonya Johnson (D-Milwaukee) expressed concern about “only talking to one entity, and that is law enforcement, and we know that not all of our law enforcement officers have the tools necessary to decipher who those victims are.” 

The bill received support from the Wisconsin Sheriffs and Deputy Sheriffs Association and other law enforcement groups, as well as the nonprofit United Migrant Opportunity Services (UMOS). UMOS’s Latina Resource Center operates the Wisconsin Regional Anti-Human Trafficking Program, which helps victims of labor and sex trafficking. UMOS did not respond to requests for comment. 

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A bipartisan bill in the Wisconsin Legislature would launch a pilot project to provide health care and substance abuse recovery services to incarcerated people before and after release.(Photo by Caspar Benson/Getty Images)

This story has been updated to reflect the fact that the proposed bill would cover general health care needs in addition to substance use disorders

“When people don’t receive support, they tend to go back to what they knew,” Tom Denk, who was released from state prison in 2022, told the Wisconsin Examiner.

In an email, Denk said that he has experienced incarceration for a substance use issue and has had many friends who have had similar experiences. 

“One of my best friends was in prison with me,” Denk said. “It was his tenth time in prison — all for substance use issues. However, after he was released, this last time, he died from an overdose.”

Denk said he would like to see wrap-around services extended to include all prisoners. However, he supports a bipartisan effort in the Wisconsin Legislature to request a specific type of waiver of federal Medicaid law for a state demonstration project to provide eligible incarcerated people with up to 90 days of prerelease health care coverage. 

The coverage would include case management services, medication-assisted treatment for all types of substance use disorders and a 30-day supply of all prescription medications, which are the minimum benefits a state is expected to propose in its application. . There are 19 other states that have approved waivers, while nine, including D.C., are pending. 

In 2023, the Biden administration put out guidance encouraging states to test strategies to support the re-entry of incarcerated people into communities, according to the health policy research organization KFF.

While Medicaid is prohibited from paying for non-inpatient services provided during incarceration, states can apply for a partial waiver of that policy.

A bill in the Wisconsin Legislature, AB 604, would require the Wisconsin Department of Health Services to request the waiver from the federal government. Incarcerated people who would receive coverage must be otherwise eligible for coverage under the Medical Assistance program. It will receive a hearing Tuesday afternoon in the Assembly Committee on Mental Health and Substance Abuse Prevention. Its senate counterpart, SB 598, has been referred to the Committee on Health.  

In a press release, Sen. Sarah Keyeski (D-Lodi) said the bill would offer a way to reduce state and local health care costs for individuals with substance use disorders who are already eligible for Medicaid and are incarcerated in state prisons or county jails. 

The 2023 guidance states that the goal is not to allow prison authorities to transfer costs of providing needed prisoner health care to the Medicaid program. States have to reinvest federal matching funds received for carceral health care services currently funded with state or local dollars, according to a KFF publication last year.

Reinvested money must go toward activities that increase access or improve the quality of health care services for people who are incarcerated or were recently released, or for health-related social services that may help divert people released from incarceration from involvement in the criminal justice system, according to KFF.

Keyeski said the bill would also enhance access to care after release. 

“If we can initiate treatment for more individuals struggling with substance use disorders while they are incarcerated, we can both improve health outcomes once they are released back into their communities and lower rates of recidivism,” Keyeski said. 

Denk said that upon release, he had to search for a new provider, which “got more and more difficult to do.” He said that “case management would help with this issue — and reduce stressors that cause people to use substances.”

Support from lawmakers of both parties, activists 

Sen. Jesse James (R-Thorp) and Rep. Clint Moses (R-Menomonie) are among the bipartisan group of lawmakers who introduced or cosponsored AB 604.

James is the chair of the Senate Committee on Mental Health, Substance Abuse Prevention, and Children and Families, while Moses is chair of the Assembly Committee on Health, Aging and Long-Term Care. Sen. Howard Marklein, co-chair of the Joint Committee on Finance, is another cosponsor. 

“This bill is about saving lives and giving people coming out of the criminal justice system the best chance of recovery and reintegration into their communities,” James said in an emailed statement. 

The statement cited a North Carolina study of opioid overdose death rates between 2000 and 2015, which concluded that people released from prison are highly vulnerable to opioids and need urgent prevention measures. 

“When treatment begins pre-release and is maintained throughout reentry, we will see meaningful improvement in health outcomes,” James said.

Moses said in a statement that the bill will help give incarcerated individuals a positive start in a transitional phase in their lives, and would also reduce costs for local governments. 

The criminal justice reform advocacy groups EX-Incarcarated People Organizing (EXPO) and WISDOM expressed support for the legislation in statements to the Examiner. 

“For too long, people leaving incarceration have faced dangerous gaps in healthcare coverage — especially those living with substance use disorders,” EXPO stated. 

The legislation “recognizes what we see every day in our work,” according to the organization, “that people returning home are far more likely to succeed when their health and basic needs are supported from the start.”

In an email to the Examiner, Mark Rice of WISDOM said that many formerly and currently incarcerated people are struggling with poverty, mental illness and addiction. He said that “far too many people” detained in prisons and jails are needlessly dying and suffering due to health issues that could be fixed through increased access to care during and after incarceration. 

“The system must be fundamentally transformed so that health is prioritized over punishment,” Rice said. 

Under the bill, the Department of Health Services would submit the request for a waiver by Jan. 1, 2027. 

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Credit: Richard Theis/EyeEm/Getty

In Wisconsin, the last time there was a commutation — a reduction of a criminal sentence by the governor’s authority to grant clemency — it was during Republican Tommy Thompson’s administration (1987-2001). Thompson issued seven commutations in addition to 202 pardons.

Subsequently, with the exception of  former  Republican Gov. Scott Walker, who served from 2011 to 2019, governors have offered hundreds of pardons.

Gov. Tony Evers set a record for the number of pardons he’s offered during his seven years in office at 1,640.

However, like his fellow Democratic Gov. James Doyle, who issued 326 pardons, Evers has not issued any commutations.

Members of WISDOM, a non-profit faith-based organization that works to end mass incarceration, say Evers told them in 2023  that he would begin issuing commutations.

However, Evers has never made an official statement on his position concerning commutations. He did not respond to a request for a comment on the matter from the Wisconsin Examiner.

Evers ran for office promising to reduce Wisconsin’s prison population. After a dip during the COVID-19 pandemic, the prison population is experiencing an upswing. There were 23,495 people in prison in Wisconsin as of Sept. 26, compared with 23,292 when Evers took office on Jan. 7, 2019. Nearly every prison in the state reports a population exceeding the facility’s official capacity.

Criminal justice advocacy groups like WISDOM and Ex-incarcerated People Organizing (EXPO) of Wisconsin have noted that one way Evers could address the prison population is by offering commutations, especially for those who have served long sentences and have proven to be low risks to return to society.

In 2023, Beverly Walker of WISDOM led a team that included legal scholars to study how commutations were conducted in neighboring states and prepared a proposal for how Wisconsin could begin implementing commutations again.

“We wanted to offer [Evers’] legal team something that could be advanced and not be a hindrance that they could move forward with and be implemented,” said Walker.

Walker said the proposal had two components:

1.     The commutation would make the resident eligible for parole, with a parole board considering the application and making a recommendation.
2.     The governor could issue a direct commutation resulting in a shortened sentence, including possible release from prison.

“We said if you are uncomfortable releasing people from prison, we ask that you just make them eligible for parole,” said Walker.  “Allow them to go before the parole board, and the parole board make the decision on their eligibility based on what they see.”

“A lot of these people will never see the light of day without a commutation,” she said. “But a lot of these people have done college, gotten degrees, have been doing amazing work inside prison, and some have even been allowed to work outside of the fence and are just doing great, exhibiting great behaviour. They have transformative stories, and they have proved that they have put in the work.”

Walker’s team is asking Evers to consider commuting the sentences of people serving long-term sentences in prison whom the group identified for their good behavior and good prospects for release. In anticipation of release, Walker’s team also researched the availability of work opportunities, housing and even resources such as food pantries.

Commutation candidates

In response to a request from the  Examiner for  information on the candidates, Walker said her team decided not to release their names for fear of damaging their chances. WISDOM’s Sherry Reames, a retired University of Wisconsin-Madison English professor and volunteer on the commutations committee, offered a general description of all the present candidates for commutation. 

According to Reames, most of the candidates were convicted of a serious crime, mostly first-degree intentional homicide (either alone as party to a crime) in the 1990s when they were young men, between 20 and 22.

Most the candidates were sentenced to decades in prison and will not be eligible for parole until the 2040s.

“Historically a life sentence in Wisconsin had allowed for the possibility of parole after about 15 years, a length of time which the Sentencing Project and other authorities have determined is about long enough to punish most crimes, especially by young offenders,” said Reames, “but it was the ‘tough on crime’ 1990s when our commutation candidates were convicted.”

Walker also said the candidates have used their years in prison to change their lives.

“Some of them initially had a hard time adjusting to the prison rules, but they have matured into model citizens, who lead and train other workers and earn positive reviews from staff,” said Reames. “Some have been continuously employed by Badger State Industries (now BSE) for a decade or more at a time, while others have rotated through the whole gamut of prison jobs (kitchen, laundry, custodial, library, clerk, maintenance, tier tender, etc., etc.). What they all have in common, however, are their obvious work ethic and self-discipline.”

Reames also said some candidates have obtained their high school degrees in prison and then certification as electricians, barbers, carpenters, bakers or building-service managers. 

Some have also earned college credits from four-year universities, she said.

“Several have completed Trinity International University’s whole four-year degree program in Biblical studies with a minor in psychology, laying the foundation for careers as pastors and counselors,” said Reames, “and others have completed the necessary training to assist younger prisoners as certified peer mentors and tutors.”

Some also participated in Restorative Justice and Victim Impact programs.

Post announcement

When Evers announced this summer that he wasn’t going to run for another term, advocates expressed renewed interest in pressing him for commutations before he leaves office.

Walker told the Wisconsin Examiner that her group is engaged in an ongoing dialogue with the governor’s legal staff. In September, while acknowledging gratitude for all the pardons Evers has issued, Walker also expressed frustration over the lack of action on commutations.

“I am challenging him (Evers) to uphold these things that he has said,” said Walker. “He made these campaign promises that he was going to reduce the prison population, that he was going to do all these things as it pertains to people incarcerated and that included commutations, and it has been over two years and I don’t want to be disappointed, and at what point will I be able to be proud of this man that I elected?”

At the end of October, however, Walker was more upbeat about the possibility of a commutation: “It does look promising,” she said.

Marianne Oleson, operations director for EXPO, said her advocacy group also sees a window of opportunity in Evers’ last year in office and has also discussed commutations with the governor’s office and with legislators and their aides.

“Whenever we have the opportunity, we put out eblast constantly; we put out social media, “ said Oleson.

“We have individuals who are currently incarcerated, who have been incarcerated for decades, who have zero infractions (disciplinary reports generated within prisons) that have gone over and beyond, done everything that has been asked of them to do,” she added. “ … they’re caught in this loop because of Truth in Sentencing. If they’re not going to be paroled, give them a commutation. And then there’s individuals who have life sentences that were really, quite frankly, only due to being party to a crime where these individuals were very young at the time, and their situations deserve at least to be considered and looked at.”

Truth in Sentencing is a tough-on-crime policy from the 1990s that, in  Wisconsin, requires a mandatory period of prison time be served before release, with no discretion given to a parole board that in previous years had the authority to review the status of prisoners and could authorize early release.

The reality today for those sentenced after Dec. 31, 1999, when Truth in Sentencing  took effect, is that the possibility of early release has become very remote. 

A commutation by the governor would be one legal way to shorten the confinement and extended supervision for both those sentenced before and after Truth in Sentencing was implemented.

However, in Wisconsin, there is currently no process for applying for a commutation.

There is a process to apply for a pardon through the Governor’s Pardon Advisory Board, but it requires that the sentence of confinement and extended supervision have been fulfilled, followed by a five-year period of a clear record. If one meets the condition for a pardon in Wisconsin, there is no need for a commutation because the sentence has been fully served.

“When I have approached the governor’s office to even discuss commutations, I’m automatically referred to the pardon application,” said Oleson. “You are comparing apples to oranges. A pardon eliminates the conviction, a blank slate; a commutation maintains the conviction, maintains the accountability, but says you’ve served enough time. You no longer should be serving decades or years longer. You have proven you have served enough time. You still hold the conviction, but you are not chained to the DOC.”

Other voices for commutation

The ACLU of Wisconsin is encouraging Evers to exercise his authority to offer commutations in Wisconsin.

“For decades, commutations have been vastly underutilized at the state level,” said David Gwidt, deputy communication director. “Commuting sentences has gone from a relatively routine practice historically to an exceedingly rare one since the rise of mass incarceration, as governors on both sides of the aisle are reluctant to commute sentences out of fear they will be labeled as ‘soft on crime’ for doing so. But that’s starting to change in other states.”

Governors in New Jersey, Oregon, California, Alabama, and Oklahoma, have all used their commutation authority in recent years, Gwidt added.  “Commutation is a tool that can help decarcerate our overpopulated prisons, rectify unjust, wrongful or excessively long sentences, and offer incarcerated people a pathway to redemption,” he said. “We hope Gov. Evers uses his remaining time in office as an opportunity to grant commutation and clemency to those who earn a chance at freedom.” 

Speaking as a member of a panel discussion on solitary confinement and conditions inside Wisconsin prisons,  on Sunday, Oct. 12 in Madison, state Sen. Kelda Roys (D-Madison), a  candidate for governor, said commutations should be used for those who have been incarcerated for decades and are no longer a threat to society.

“Just in general, I think the clemency powers have been very underutilized in Wisconsin,” she said. “We have people who have been incarcerated for decades and decades. People age out of crime… and now you have people, some of whom have terminal and chronic illnesses. They are in their 60s, their 70s, their 80s, and they could easily and very safely live back with their loved ones after many decades of incarceration. And yet they are being denied this and then state taxpayers are being asked to essentially fund their incarceration and their health care.”

National discussion

In a July 13, 2025 op-ed in the New York Times, “Governors, Use Your Clemency Power,” CUNY law professor Steven Zeidman wrote:  

“President Trump is making shameless use of his constitutional clemency power, rewarding insurrectionists, cronies, campaign contributors and sundry others. But this is not the only problem. Mr. Trump’s acts of commission are paralleled by American governors’ acts of omission. Even though they control the bulk of the country’s prison population and typically have the power to grant clemency, many governors have consistently failed to exercise the power of forgiveness, to all of our detriment.”

Zeidman notes that of the two million people currently in confinement in the United States, most are in state prisons, under the authority of governors.

Zeidman, who has pursued over 100 commutations in New York and won 21, talked to the Wisconsin Examiner about the reluctance he sees in governors to exercise their constitutional authority.

Addressing the perception of being soft on crime, Zeidman said it might be easier for Republicans who have established a tough-on-crime posture to offer commutation. That might be why the last commutation in Wisconsin was under Thompson, a tough-on-crime Republican.

According to a  2023 report, “Executive Clemency Power in Wisconsin” by Jillian Slaight for the Legislative Reference Bureau, Thompson commuted the sentence of seven people serving parole, stating, “further supervision would serve no useful purpose.”

The same report found that Gov. Patrick Lucey, a Democrat who served from 1971 to 1977  issued 177 commutations, including one to a man who had failed to provide child support. Lucey stated that sending the man back to prison prevented him from working and providing support.

Democratic Gov. Gaylord Nelson, who served from 1959 to 1963, issued 27 commutations for people he considered “rehabilitated.”

Cautionary tales vs. data

Zeidman and others who advocate for commutations argue that those eligible for commutation should undergo rigorous screening, including having members of the victims’ families and the district attorney participate in the commutation process.

“There should be a real careful vetting process,” he says, adding, “I would say to Wisconsin, have a very careful vetting process, go over it with a fine-tooth comb, and at the end of the day, it’s not going to be none (who are eligible for commutation) and it’s not going to be thousands either.”

Zeidman and the advocates say reincarceration rates are low for those who have served long sentences.

The Wisconsin DOC’s data on reincarceration shows a notable decrease for those who have served five years or more in prison.

A study prepared for the New York City Council in 2023 called “Justice on Aging” also noted older residents in prison tend not to return: “Nationwide, 43.3 percent of all released individuals recidivate within three years, while only seven percent of those aged 50-64 and four percent over 65 return to prison for new convictions—the lowest rates among all incarcerated age demographics.”

 “It’s a fact, people age out of crime,” Zeidman says. 

Another argument for restoring the possibility of early release is that rewarding good behaviour with commutations motivates more good behavior in prison. 

“Give people an incentive to improve themselves and get on with their lives,” says Tom Denk, an advocate for WISDOM who has served time in prison. 

“It does seem that too many governors are thinking about clemency and commutation in particular as a political act instead of an act of mercy or grace,” says Jennifer Soble, executive director of the Illinois Prison Project, who represents clients in Illinois who have a case for early release.  “And so they are shying away from commutations on the statistically very unlikely event that a commutation could end up harming them politically, and that’s a real tragedy, because we are talking about real human beings who are living their lives in prison, many of whom are doing so under the extraordinarily unjust circumstances.”

Soble says many in Illinois prisons received long sentences, even life sentences, under older laws, but if processed today, their sentences would not be as extreme.

As an example of how laws have changed in Illinois, she says, formerly, any death resulting during a pursuit of a crime by law enforcement, such as the police chasing a suspect and firing a weapon, killing an innocent person, could result in murder charges to the suspect being pursued, even if the suspect had not directly participated in the death.

“And the only way for those folks to get out is through clemency and there’s no other path,” she says, “and so although I understand political caution, especially in these very challenging times, that caution cannot come at the expense of a person’s entire life.”

Zeidman also notes there is movement across the country to take a second look at sentences. In Wisconsin, a bill that stalled in 2024 would review the life sentences without parole for those who were convicted while they were under 18 years of age but were prosecuted as adults.

“The prison system is intentionally sort of secreted away,” says Soble.  “Incarcerated people are not visible on purpose. And so your average person walking down the street is not thinking about, you know, is there or is there not a reasonably plausible way for an incarcerated person who shouldn’t be in prison to come home?”

Before he left office, President Joe Biden issued one of the largest commutations of all time for 2,500 people in the federal Bureau of Prisons system who had committed non-violent crimes.

“The recidivism rate of that group has been extraordinarily low,” says Soble of the 2,500 Biden commuted. “That effort saved taxpayer dollars. It made good sense. It was a good policy decision. It was also a just and humane decision, but governors at the state level have been just pretty unwilling to follow suit, even in cases that feel very, very obvious.”

Criminal Justice Fellow  Andrew Kennard contributed to this report.

Correction: This report has been updated to reflect that most, not all of the candidates WISDOM is advancing were convicted as young men and won’t be eligible for parole until 2040.

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The Waupun Correctional Institution, the oldest prison in Wisconsin built in the 1850s, sits in the middle of a residential neighborhood (Photo | Wisconsin Examiner)

The State of Wisconsin Building Commission on Tuesday approved releasing $15 million to prepare preliminary plans and a design report for major changes to Wisconsin’s prison system requested by Gov. Tony Evers. Wisconsin prisons have long been criticized for aging facilities, overcrowding and deaths. 

Republican lawmakers on the commission complained that Evers has not incorporated their ideas in his plan, but the commission ultimately voted unanimously to release the money to pay for the first step in the process of realizing it. 

At a press conference before the Building Commission meeting, Rep. Rob Swearingen (R-Rhinelander) said Republican lawmakers’ goal is “to ensure we have the information needed” for informed decisions about facility upgrades, prison capacity and responsibly closing the Green Bay Correctional Institution. 

Money for the planning will come from the state budget, which included the $15 million released by the commission Tuesday.

Under the project, the Wisconsin Department of Corrections would be able to close the Green Bay Correctional Institution, the department’s request to the commission states. Upgrades would be made to infrastructure at five other facilities, including the troubled Waupun Correctional Institution. 

The aging Waupun and Green Bay prisons have generated a public outcry over living conditions, as well as the deaths of several people incarcerated at Waupun and criminal charges filed last year against Waupun staff. 

Republicans criticize Evers’ approach

“Currently, [the Department of Corrections] is in a world of hurt,” Senate President Mary Felzkowski (R-Tomahawk) said at the Republicans’ press conference. She cited overcrowding at men’s and women’s facilities, facility infrastructure problems and the death of Lincoln Hills youth counselor Corey Proulx last year. 

Felzskowski referenced the prison proposal Evers put out in February and said he never reached out to the Legislature. 

“The Republicans in this building have plans, proposals that we’ve been working on for a long time, that we could’ve worked with the governor in a bipartisan fashion,” Felzskowski said.

Sen. André Jacque (R-New Franken) said that “what we have before us is, unfortunately, not a serious proposal.”

“…We look at a scenario where the governor says, ‘My way or the highway,’ when we know he’s not going to be in the governor’s mansion come 2027,” Jacque said, saying “it’s unfortunately a plan doomed to failure unless some additional steps are taken.”

Jacque attempted to add projects to the original motion: expansion of Taycheedah Correctional Institution, expansion of medium and minimum security beds at Jackson Correctional Institution and closure of Green Bay Correctional Institution by Dec. 31, 2029. But his motion failed with four members in favor and four opposed.

“Let’s just get something goddamn done here, please,” Evers said during the commission meeting. “…We got to fix the system, and we have an opportunity now.” In a statement, Felzkowski said she is cautiously optimistic following the building commission meeting and looks forward to “having productive conversations to move Wisconsin’s corrections system in the right direction.” 

What’s in the plan?

Under the project, the Waupun prison would become a medium security prison, and it would have upgraded housing units and  enhanced vocational programming. Gov. Tony Evers said he wants to revamp the prison into a “state-of-the-art ‘vocational village.’” 

The troubled Lincoln Hills School, which has remained open as a juvenile facility long after a deadline for closure has passed, would be converted to a 500-bed men’s medium security facility. 

Medium-security Stanley Correctional Institution, which is northeast of Eau Claire, would switch to maximum security, while John C. Burke Correctional Center in Waupun would become a women’s facility. Sanger B. Powers Correctional Center in northeast Wisconsin would receive housing expansion and kitchen replacement that would increase its capacity. 

The request to the commission included an anticipated budget and schedule, which put the total cost at $325 million and final completion in January 2031.  By releasing the planning money that had been included in the state budget, the eight-member commission, chaired by the governor and comprised of legislators from both parties, took the first step in the process. But Republicans and Evers continue to disagree on next steps. Evers promised Tuesday to include legislators in discussions throughout the process.

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Demonstrators protest outside the immigration processing and detention facility this month in Broadview, Ill. President Donald Trump wants to deploy Texas National Guard members to the Chicago area but has been blocked by federal courts. (Photo by Scott Olson/Getty Images)

As President Donald Trump prepares to send National Guard troops — from either Oregon, California or possibly Texas — into Portland, Oregon, entrepreneur Sarah Shaoul watches with deep concern.

A three-decade resident of the Portland area, Shaoul leads a coalition of roughly 100 local small businesses, including many dependent on foot traffic. Armed troops could spook customers and, she fears, trigger a crisis where none exists.

“I don’t want this to be a political conversation but, I mean, the fact you bring people from other states who maybe have different politics — I think it shows an administration that’s trying to pit people against other people,” Shaoul said.

Trump’s campaign to send the National Guard into Democratic-leaning cities he describes as crime-ridden has so far reached Los Angeles; Washington, D.C.; Memphis, Tennessee; Chicago and Portland. He has federalized — taken command of — hundreds of active-duty guard members to staff the deployments.

But in the two most recent attempted deployments to Portland and the Chicago area, the Trump administration has turned to out-of-state National Guard troops, the part-time soldiers who often respond to natural disasters.

National guards are usually under the control of state governors, with state funds paying for their work. But sometimes the troops can be called into federal service at federal expense and placed under the president’s control.

In addition to federalizing some members of the Oregon and Illinois National Guard within those states, the president sent 200 Texas National Guard troops to the Chicago area and plans to send California National Guard members to Portland. A Pentagon memo has also raised the possibility of sending some Texas troops to Portland.

Presidents who have federalized National Guard forces in the past, even against a governor’s will, have done so in response to a crisis in the troops’ home state. That happened to enforce school desegregation in Arkansas in 1957 and Alabama in 1963.

But the decision to send one state’s National Guard troops into a different state without the receiving governor’s consent is both extraordinary and unprecedented, experts on national security law told Stateline.

The cross-border deployments evoke concerns stretching back to the country’s infancy, when the Federalist Papers in 1787-1788 grappled with the possibility that states could take military action against one another. While the recent cross-state deployments have all included troops under Trump’s command, Texas Republican Gov. Greg Abbott has been an enthusiastic supporter of Trump ordering his state’s National Guard to Chicago.

The troop movements raise questions of state sovereignty and how far the president can go in using the militia of one state to exercise power in another. At stake is Trump’s ability to effectively repurpose military forces for domestic use in line with an August executive order that called for the creation of a National Guard “quick reaction force” that could rapidly deploy nationwide.

“It’s really like …  a little bit like invading another country,” said Claire Finkelstein, a professor of law and philosophy at the University of Pennsylvania who studies military ethics and national security law.

The Trump administration has asked the U.S. Supreme Court to allow it to proceed with the Chicago-area deployment, which is currently blocked in federal court. On Monday, the 9th U.S. Circuit Court of Appeals allowed the deployment in Portland to move forward, overruling a district court judge, but additional appeals are expected.

The deployments come as Trump has repeatedly threatened to invoke the Insurrection Act to expand his ability to use the military for law enforcement. Presidents are generally prohibited from deploying the military domestically, but the Insurrection Act, which dates back to 1792, could be used to bypass restrictions and potentially allow National Guard members to make immigration-related arrests.

For now, Trump has federalized National Guard members under a federal law known as Title 10, which allows the president to take command of National Guard members in response to invasion, rebellions against the United States and whenever the president is unable to execute federal laws with “regular forces.”

He has characterized illegal immigration as an invasion and sought to station National Guard members outside of U.S. Immigration and Customs Enforcement, or ICE, facilities and other federal property.

While Chicago and Portland fight Trump’s moves in court, other cities are bracing for the arrival of troops in anticipation that the deployments will continue to expand. Washington state went so far as to enact a new law earlier this year intended to prevent out-of-state National Guard members from deploying in Washington. The new state law doesn’t pertain to federalized troops, however, only to those that might be sent by another governor.

“I’m incredibly concerned but not necessarily surprised by the president’s method of operation, that there seems to be a theme of fear, intimidation, bullying without a clear plan,” Seattle Mayor Bruce Harrell said in an interview with Stateline.

Harrell, who is running for reelection to the nonpartisan office in November, said Seattle officials are monitoring what’s happening in other cities. Any deployment of guard members — whether they were from Washington or elsewhere — would be concerning, he said.

“At the end of the day, they would be following orders with some level of military precision, so my concern isn’t so much out-of-state or in-state. I just oppose any kind of deployment.”

Courtroom fights

Whether the out-of-state status of National Guard members matters legally is up for debate. Experts in national security law are split over whether sending federalized troops across state lines poses constitutional and legal problems, even as they broadly agree the move is provocative.

Joseph Nunn, a counsel in the left-leaning Brennan Center’s Liberty and National Security Program, doubts the cross-state deployment of federalized troops is itself a legal issue.

Still, he criticized the decision to send in out-of-state National Guard and, speaking about Chicago, called the underlying deployment unlawful and unjustified. In ordering troops to Illinois, Nunn said, Trump was abusing his presidential power, regardless of the servicemembers’ home state.

“It is unnecessarily inflammatory,” Nunn said of that choice. “It is, I think, insulting to say we’re going to send the National Guard from one state into another.”

Democrats, especially in cities and states targeted by Trump, condemn the deployments as an abuse of presidential power, regardless of where the troops are from. Republicans have largely supported or stayed silent about Trump’s moves, though Oklahoma Gov. Kevin Stitt, who chairs the National Governors Association, has criticized the sending of Texas troops to Illinois.

Abbott wrote on social media in early October that he had “fully authorized” Trump to call up 400 Texas National Guard members. Abbott’s office didn’t respond to Stateline’s questions.

“You can either fully enforce protection for federal employees or get out of the way and let Texas Guard do it,” Abbott wrote on X.

In the Chicago area and in Portland, the Trump administration wants the National Guard outside ICE facilities where small protests have taken place in recent weeks. Dozens of people have been arrested in Portland since June, but there’s been no sign of widespread violence. A Stateline analysis of U.S. Census Bureau and federal crime data found that Trump’s National Guard deployments have not, with a single exception, targeted the nation’s most violent cities.

For weeks federal courts have kept National Guard troops off the streets of Portland and the Chicago area as legal challenges play out, but that could be changing. The Trump administration on Friday asked the U.S. Supreme Court to allow it to deploy National Guard troops in the Chicago area. If the court sides with the administration, the decision could clear the way for additional deployments elsewhere.

In the Friday filing to the Supreme Court, U.S. Solicitor General D. John Sauer wrote: “This case presents what has become a disturbing and recurring pattern: Federal officers are attempting to enforce federal immigration law in an urban area containing significant numbers of illegal aliens. The federal agents’ efforts are met with prolonged, coordinated, violent resistance that threatens their lives and safety and systematically interferes with their ability to enforce federal law.”

The U.S. Department of Defense didn’t directly answer questions from Stateline about whether further cross-state deployments are planned, saying only that it doesn’t speculate on future operations.

U.S. District Court Judge Karin Immergut wrote in an order blocking deployment of the National Guard in Portland that a handful of documented episodes of protesters clashing with federal law enforcement during September were “inexcusable,” but added that “they are nowhere near the type of incidents that cannot be handled by regular law enforcement forces.”

But on Monday, a divided three-judge panel of the 9th U.S. Circuit Court of Appeals ruled that Trump had “lawfully exercised his statutory authority” to deploy Oregon National Guard servicemembers to Portland. Lawyers for Oregon and Portland are seeking a review by the full appeals court, a move that would put the case in front of 11 appellate judges.

Shaoul, the Portland business leader, said the presence of troops would itself risk creating “drama” at the expense of taxpayers.

“Tell me how that’s helping anybody to go in and intimidate a bunch of people who are dressed up in friggin’ costumes, playing music,” Shaoul said. “I mean, if nothing else illustrates what a joke this is, that should tell you right there.”

10th Amendment concerns

Top Republicans have long telegraphed their desire to use the National Guard to aid immigration enforcement.

In December, before Trump took office, 26 GOP governors — at the time, every Republican governor except Vermont’s Phil Scott — signed a statement promising to provide their national guards to help.

Since Trump’s inauguration, at least 11 Republican governors have ordered National Guard members to help ICE, typically by providing logistical support. At least four states — Florida, Louisiana, Texas and West Virginia — have entered into federal agreements that allow ICE to delegate some immigration enforcement duties, potentially including arrests, to National Guard members.

Trump’s decision to federalize National Guard members goes further, placing troops under the president’s command. The cross-state deployments represent the next step in testing his authority to command guard members.

Finkelstein, the national security law professor, said sending one state’s National Guard into another state raises serious legal issues under the 10th Amendment. The amendment reserves for the states or the people powers not specifically granted to the federal government — the idea at the core of federalism.

A president and governor may reasonably disagree about whether federalization is necessary to help their state, Finkelstein said, but “even that fig leaf” isn’t available when troops are sent to another state. California gets nothing out of the deployment of its National Guard to Oregon, she said. And unless it’s California’s governor — rather than the president — making the choice to deploy guard members elsewhere, it’s a “very real problem” that undermines state autonomy, she said.

Washington state Rep. Jim Walsh, who chairs the Washington State Republican Party, has been monitoring the attempted deployment in Portland, as well as the possibility of a deployment to Seattle. He said Trump has broad discretion under federal law to federalize National Guard members.

Still, Walsh said federalizing the National Guard gives him pause and is something that a hypothetical president — “leave this one out of the equation” — might overuse. But he argued state and local leadership in cities where the National Guard has been deployed have brought the situation on themselves by allowing a breakdown in law and order.

Asked about cross-state deployments, Walsh largely dismissed any legal concerns.

“I guess they would know the area better,” Walsh said of troops deployed in their home state. “But this is kind of a specious argument. … The president, whoever he or she is, can federalize National Guard units.”

Walsh said he doesn’t see a situation at the moment that would necessitate a Guard deployment within Washington state.

But Seattle isn’t taking any chances.

Harrell, the Seattle mayor, signed two executive orders in October, one that pushes back on the practice of federal agents making immigration arrests while wearing masks, and another that seeks to maintain control over local law enforcement resources if the National Guard is deployed in the city.

“I’m critically concerned about what can occur as a reaction,” Harrell said. “That’s exactly what Trump’s goal is, to raise tension and create chaos and to use blue cities as scapegoats.”

Editor’s note: This story has been updated to correct the year, 1957, that President Dwight D. Eisenhower federalized National Guard troops to enforce desegregation in Arkansas. Stateline reporter Jonathan Shorman can be reached at jshorman@stateline.org.

Women gather outside a Goodwill store inside the Elmwood Correctional Facility in 2024 in Milpitas, Calif. A Council on Criminal Justice report warns that criminal justice policies are failing to address the unique needs of women, from arrest to incarceration. (Photo by Justin Sullivan/Getty Images)

A new report from the nonpartisan think tank Council on Criminal Justice warns that policies and practices across the nation’s criminal justice systems are failing to address the distinct factors that drive women into the system — and in doing so, are harming families and undermining public safety.

The report, which was released early this month, calls on states and local communities to reconsider how they respond to women at the earliest stages of criminal justice involvement — from arrest and pretrial detention to charging and sentencing — and to focus more on prevention, treatment and family stability.

“Women are no less responsible for their actions than men, and should be held accountable,” said Stephanie Akhter, the director of the council’s Women’s Justice Commission.

“If we really want to stop crime and put people on a path to success, then we need to take an individualized approach and craft responses that are fair and in service of those goals,” Akhter told Stateline.

The report outlined four major policy recommendations: prioritizing alternatives to arrest, basing pretrial detention decisions on public safety and flight risk, considering women’s unique circumstances during charging and sentencing, and prohibiting sexual contact between law enforcement officers and people in custody.

The authors also urged state and local leaders to invest in research and data collection to better understand women’s experiences in the justice system and the factors that may contribute to criminal behavior, including domestic violence, economic instability, substance use and mental illness.

“We need to know more about what’s bringing them into the system,” Akhter said. 

The report comes as new federal data shows the female prison population is growing faster than the male population. The female state prison population increased about 5% nationwide between 2022 and 2023, according to the federal Bureau of Justice Statistics. Most states saw gains of fewer than 100 women, with Texas being the only state where the number of incarcerated women rose by more than 500. 

Roughly 58% of women incarcerated in state prisons were parents of minor children in 2016, compared with 46% of men, according to a 2021 Bureau of Justice Statistics research brief.

The latest national FBI data shows a similar trend in arrests: Women accounted for 27% of all adult arrests in 2024, nearly double their 14% share in 1980, according to the council’s report. The share of violent offense arrests among women also has steadily risen, from 11% in 1986 to 21% in 2024. 

A separate report from the council’s Women’s Justice Commission examined how communities respond to women in crisis. The authors found that some crisis intervention systems are not designed to meet women’s specific needs, and that more research is needed to understand women’s experiences and long-term outcomes.

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

David Bintz, who was wrongly incarcerated, stands outside Mountains of Hope, the nonprofit where he finally found temporary housing after trying local shelters. | Photo courtesy Jarrett Adams Law

David and Robert Bintz’s release last fall drew attention to a Wisconsin law about compensation for people wrongly convicted of crimes. Wisconsin law allows less compensation for wrongly convicted people than many other states, unless the state passes a bill awarding additional money to a specific wrongly convicted person. 

In decisions released last week, the Wisconsin Claims Board decided the Bintz brothers, now 69 and 70, will each be awarded $25,000 and attorney fees. The board recommended an additional $1 million for each brother to the Wisconsin Legislature. Two of the board’s five members dissented from the majority’s decision on David Bintz’s compensation. 

“We are thankful for the board’s recommendation and pray that [legislators] vote to approve the recommendation in expedited fashion,” Jarrett Adams, an attorney advocating for the brothers, told the Wisconsin Examiner in an email. 

Over two decades after their convictions in a 1987 murder case, the brothers were released from prison. In April, the Examiner reported on challenges the brothers have experienced, as well as gaps in support for people who reenter society after being wrongly convicted of crimes in Wisconsin. The compensation claims that the brothers submitted included mention of medical expenses, housing needs, additional neurological testing and day-to-day needs.

“Increasing the annual cap and adding a robust layer of services would be beneficial to exonerees who are trying to reestablish themselves in their communities,” Rachel Burg, co-director of the Wisconsin Innocence Project, told the Examiner over email in March. 

The board’s decisions state that both brothers sought the maximum compensation under the statute — $25,000 — and attorney fees, as well as recommendations that the Legislature award $2 million for each brother. 

Under Wisconsin’s law, the board decides whether the evidence of the petitioner’s innocence of the crime for which they were imprisoned is “clear and convincing.” If they find the petitioner was innocent and that they did not contribute to bring about their conviction and imprisonment by action or inaction, the board decides how much money the petitioner should receive. 

A three-member majority of the board found David met the requirement about not contributing to his conviction and imprisonment. 

“Nonwithstanding any contradictory statements, David maintained his innocence and was willing to go to trial to defend his innocence,” the decision states. 

The Examiner has reported on how in his request for compensation, David Bintz argued that he was interrogated for several hours and coerced into a confession, and on Brown County District Attorney David Lasee’s disagreement with that argument. Bintz’s request also said he was intellectually disabled.

Over a quarter of 375 DNA exonerations between 1989 and 2020 were cases that involved false confessions, according to the Innocence Project. 

State Sen. Eric Wimberger (R-Oconto) and state Rep. Alex Dallman (R-Markesan) disagreed with the other three board members regarding David Bintz. Both legislators are part of the finance committees in the Assembly and the Senate, respectively, and on the Legislature’s Joint Finance Committee. 

According to Fox 11 News, Wimberger said that “it had everything to do with the fact that David Bintz’s conviction was really his own fault and not anything the state did wrong” in reference to a conversation David had with a cellmate. David Bintz’s cellmate Gary Swendby said David talked about committing the crime in his sleep and also admitted his involvement while he was serving time for a different crime. 

“I think on the Robert Bintz side of things, there’s a lot of sympathy and perhaps there should’ve been a better investigation done,” Wimberger said.

A research project took up the question of how much money states pay exonerees per each year lost, specifically for exonerees who were paid. For Wisconsin, they found an average of $4,947 per year lost. The research was by the National Registry of Exonerations and Professor Jeffrey Gutman of the George Washington University Law School.  

Gutman analyzed wrongful convictions compensation in Wisconsin in the 2022 publication “Compensation Under the Microscope: Wisconsin,” which was updated in July 2023. 

Gutman wrote about Wisconsin exonerees wrongly convicted in state courts and  recorded by the National Registry of Exonerations, going back to 1989. Of the exonerees awarded compensation, he wrote that only one appeared to have been provided additional compensation from the Legislature following a claims board recommendation. 

In 2014, then-Gov. Scott Walker awarded an additional $90,000 to Robert Lee Stinson, after the claims board had awarded $25,000. Stinson had requested reimbursement for 23 years in prison at the rate of $5,000 per year.

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Images depicting Dodge County deputies transporting ICE detainees to Broadview, Illinois. (Photo courtesy of Unraveled)

The Dodge County Sheriff’s Office in Wisconsin has been sending deputies into Illinois to transport migrants to and from the Immigration and Customs Enforcement detention facility in suburban Chicago at the center of the Trump administration’s clash with Illinois officials and activists. 

For more than two decades, the Dodge County Sheriff’s Office has had a contract with the U.S. Marshal’s Service to hold federal detainees in the county jail. As part of that contract, which budget documents show provided the county with more than $6 million last year, the sheriff’s office regularly holds migrant detainees for ICE and transports federal detainees of all sorts. 

“We house federal inmates/detainees as part of our agreement with the U.S. Marshal Service.  We also transport to and from various facilities as part of our agreement. The federal government reimburses us for transportation. ICE is a rider on the agreement,” Sheriff Dale Schmidt told the Wisconsin Examiner in an email. “It is a simple, non-political arrangement we have had for 20+ years under all previous administrations during this contract (Including President Obama and President Biden).” 

But critics say that this year the arrangement has become more political because of President Donald Trump’s increased immigration enforcement and ICE’s escalation of tactics in both its efforts to capture people without legal documentation, and its confrontations with protesters.

“For two decades or more, the Dodge County Sheriff’s Office has obtained a steady stream of revenue from ICE for transporting and jailing persons in immigration detention,” Tim Muth, senior staff attorney at the American Civil Liberties Union (ACLU) of Wisconsin said in an emailed statement. “That practice continues. We regret that the sheriff declines to terminate his contract with ICE, a rogue federal agency that is increasingly violating the rights of persons it seizes from our communities, racially profiling and separating families, and landing some of them in the jail which the sheriff operates.”

Advocates and attorneys for immigrants say that ICE has been frequently moving detainees between detention centers as part of a “shell game” in an effort to keep them hidden from their lawyers and family. 

“I don’t even know where to begin,” said immigration attorney Marc Christopher, describing unprecedented difficulties he’s experienced attempting to locate and represent clients under the second Trump administration. Under previous administrations, Christopher said, clients were relatively easy to locate and communicate with, and the attorney felt he had a good relationship with staff at facilities like the Dodge County Jail. 

Now in nearly 70% of cases, Christopher told the Wisconsin Examiner, clients are “being shipped off to different facilities in many different locations…I’ve had clients sent to Indiana, Louisiana, Texas, Ohio, all different locations.” 

In one case, coordinating a telephone conference with a client who’d been detained in a private out-of-state facility required a three day set-up process for a video call with poor audio quality that lasted just 20 minutes, Christopher said. 

Another change he’s seen is that detainees in Wisconsin who are taken to Dodge County are given court dates in Chicago. 

“I had it where I’ve traveled to Dodge County after checking to see if my client’s there, only to drive all the way there to find out that that morning they were moved to a different facility,” said Christopher. 

The Broadview ICE detention center in a suburb of Chicago has drawn regular protests for months. The presence of Dodge County Sheriff’s deputies at the Broadview facility were first reported by the independent media outlet Unraveled.

The federal response to those protests has frequently escalated into violence and those escalations have been used as justification for Trump’s attempt to deploy troops from the Texas National Guard to the Chicago area. 

Illinois state laws restrict ICE cooperation with local law enforcement and prevent the long term detention of migrants in Illinois. Because of that prohibition, ICE has moved detainees from Illinois to facilities in nearby Indiana and Wisconsin. 

Schmidt did not respond to questions from the Wisconsin Examiner about how frequently his deputies have driven detainees in and out of Broadview under Trump, but the department’s 2024 annual report shows sheriff’s office personnel made 302 trips at the request of ICE last year. 

Dodge County is reimbursed for its trips to Illinois. The journey from Juneau to Broadview is a five-hour round trip. State Sen. Melissa Ratcliff (D-Cottage Grove), whose district covers part of Dodge County, says expending county resources to help ICE doesn’t keep the community safe and amounts to participating in the administration’s “cruelty.” 

“Local law enforcement does not have to take on federal immigration enforcement duties. When they do, it risks discouraging victims and witnesses from coming forward — making all of us less safe,” Ratcliff said in a statement. “Our local resources should not be diverted from protecting our local communities. Further, there are serious concerns about inhumane conditions at ICE detention centers. There are also troubling political shell games being played in which detainees are transferred from facility to facility — sometimes across state lines — making it difficult for attorneys and families to locate them or ensure they receive due process. That is not justice; that is cruelty disguised as policy and it’s unconstitutional. Wisconsin’s strength lies in our welcoming communities and our commitment to fairness, dignity, and safety for all. I urge our local leaders to prioritize community trust, transparency, and compassion in every action they take.”

“You used to be able to call Dodge, set something up for the next day, spend two-three hours talking,” Christopher said.  “Now I have to fight and find out where they are, try to schedule a time to speak with them. And the family is sitting on pins and needles. They have no idea where their loved one is. They have no idea what’s going on. I’m spending all my time not trying to analyze their case, but simply to find out where they are and try to arrange a time to chat with them. It’s horrible.””

Under the current administration, critics say, transporting ICE detainees is direct participation in an effort to deny due process and avoid transparency. 

“I think there’s a concerning pattern of more local law enforcement being brought in to play an immigration enforcement role as part of the machinery of mass deportations,” said Christine Neumann-Ortiz, executive director of Voces de la Frontera. Local departments are paid to transport immigrants for ICE, “as in Dodge most recently, in Brown County as well and Sauk,” she said, and also receive significant federal money for sharing information on immigrants in their custody through 287g agreements.

Neumann-Ortiz pointed to the 287g agreement sought by the Palmyra Police Department, which is still pending. The 287g program involves local law enforcement agreeing to aid ICE in arresting undocumented migrants or holding them in jail until ICE can pick them up.

“There’s real concern about it,” said Neumann-Ortiz. “They’re really trading off public safety and building trust in a diverse community to take this money. That is particularly alarming when you see what’s happening with ICE, and Customs, and Border Patrol and how they’re operating…They are operating as a militarized operation with masks, with guns, and they are profiling people and physically assaulting people violently, and really trampling over people’s due process rights.” 

“Under that threat which is terrorizing communities,” she added, “why in the world would local law enforcement want to partner with that?”

This article has been edited to correct the name of attorney Marc Christopher. 

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The Journey to Justice Bus at Madison Christian Community Church on Sunday, Oct. 12. | Photo by Frank Zufall/Wisconsin Examiner

Solitary confinement, the practice of putting someone in isolation in a small cell, is not a topic you expect to hear discussed at church on Sunday.

But on Oct. 12, at the Madison Christian Community, was a stop of the 18-city, nationwide Journey to Justice Bus Tour, that included two panel discussions focused on the topic, one with four state legislators, including two candidates for governor.

Visiting the Journey to Justice bus, standing in a bathroom-sized solitary jail cell replica and hearing the real-life stories of those who had spent part of their lives confined in such spaces, visitors gained a visceral appreciation of the United Nations declaration that punishing people with more than 15 consecutive days in solitary is a form of  torture.

In the Hollywood presentation, the practice is reserved for hardened criminals, a safeguard against violence that’s necessary to keep good order and discipline.

But the reality is that small procedural violations, medical conditions, mental health crises sometimes even pregnancy are reasons people inside our prisons end up isolated for multiple days at a time.

Those who have experienced solitary confinement, otherwise known as restrictive housing or segregation, say it is traumatizing and even years after they’ve been released from prison, they are still reliving dark memories.

The Solitary and Conditions of Confinement Legislation panel at the church included four Democratic state legislators, including gubernatorial hopefuls  Sen. Kelda Roys and Rep. Francesca Hong, both of Madison. Roys, an attorney, has served on the Judiciary Public Safety Committee and worked on the Innocence Project when she was a law student at the University of Wisconsin-Madison.

Milwaukee area Reps. Darrin Madison and Ryan Clancy also participated. Madison is a former organizer for Youth Justice Milwaukee and a member of the Correction Committee. Clancy sits on the Corrections Committee and has served on the Judiciary and Law Enforcement Committee.

Jen Ann Bauer, who spent five and a half years in prison and is currently serving the remainder of her sentence on community supervision said she was put in solitary confinement at least four times, with the longest lasting 90 days.

“When people hear you’re in solitary confinement, they think discipline, and it is so much more to the detriment of human beings,” she said. “It is isolating. It is defeating. It is control and it is torture. We are often placed in solitary confinement for protection or safety measures, minor and major rule violations, or simply for struggling with trauma and mental health. And let’s be honest, most incarcerated people are already trauma survivors. So I ask, how is isolating a wounded person somehow equal to safety? Solitary doesn’t lock a body in a cell. It locks a person inside their own mind. Time stops and pain does not.”

In solitary, Bauer said, she paced the floor just to remind herself that she still existed.

“Women survive through connection, through relationships, and so when you take away human contact, you take away the very thing that keeps us alive,” she said. “No one is built to handle 23 hours a day in a cell. That’s not discipline, that’s psychological torture.”

She added  that in solitary there is no interaction with outside family members, weakening relationships with children.

Observing  people who spent time in solitary,  she said, she saw that they changed for the worse.

“People with dreams come out of solitary unable to make eye contact, unable to trust and unable to believe in themselves or the world around them,” she said. “Solitary doesn’t confine a body. It suffocates the heart. It doesn’t correct behavior. It destroys identity. Solitary confinement causes psychological and emotional distress, more harm, more trauma. Solitary confinement is not a tool. It is a wound, and it is a wound the system continues to inflict on people and then blame them for bleeding.”

Ventae Parrow agreed with Bauer that solitary confinement  had no redeeming  impact on him in prison other than causing him to reflect on what he wanted for his life. He questioned who had the authority to determine whether one should be in solitary, and noted that many who experienced it came out angrier.

“And now you got angry humans coming out back to the community with the vengeance in their heart and their mind versus rehabilitation,” he said.

Tom Denk, an advocate with several WISDOM affiliates and a member of the Mental Health Action Partnership, moderated the panel. Denk, who had also spent time in solitary confinement, noted there is a high rate of mental illness among incarcerated residents, 45%, and the experience of being isolated exacerbates their conditions.

“The use of solitary confinement or restrictive housing is a correctional practice with significant ethical implications,” said Denk. “Prolonged isolation has been associated with severe psychological distress, including anxiety, depression and increased risk of self-harm. It also worsens existing mental health conditions and contributes to higher rates of recidivism.”

But Denk said solitary is often chosen as a method to address psychosis instead of treatment.

Talib Akbar, vice president of the non-profit advocacy group WISDOM, the organizer of the event, said any rule violation in prison could result in being sent to solitary. He said even being a couple of feet outside a cell door could result in being sent to solitary.

The Wisconsin Examiner recently heard from a former resident of Oshkosh Correctional Institution who said he was put in segregation after calling the nearby fire department to report concerns over the prison’s fire safety protocols. He claims that when the fire department called the prison’s facility manager, the manager became upset that the resident didn’t follow the chain of command, and the resident was placed in segregation.  

The panel also addressed the types of medical treatments residents receive in solitary.

Megan Hoffman Kolb whose father, Dean Hoffmann, died in solitary confinement at Waupun Correctional Institution in 2023,  said her father, who suffered from mental illness for 30 years, didn’t consistently get the right medication for the first 80 days in Waupun and never received a psych intake exam, which he was supposed to have received.

She said when her father recorded a credible threat from his cellmate, the prison’s response was to place him in solitary.

“In solitary, he was locked alone in a concrete cell, 24 hours a day, no books, no paper, no phone calls home, no medication,” she said. “The lights were left on constantly. Silence was deafening, broken only by the sounds of people crying out down the hallway. He told staff he was suicidal, hearing voices and couldn’t sleep. A correctional officer responded, ‘What do you want me to do about it?’”

She added, “Solitary confinement is not just isolation. It’s sensory deprivation. It’s a slow unraveling of a person’s mind in a small space. Days blur together, hope disappears for someone already struggling with mental illness, unbearable, and it’s not just emotional, it’s biological. Prolonged solitary confinement literally changes the brain.”

After nine days in solitary, Kolb said, her father took his own life by hanging himself from the cell door. She had viewed the video of his body being removed.

She said the cost of solitary is the trauma the family has experienced, along with the lawsuits, investigation and broken communities, and at the end of the day, taxpayers are being asked to pay for all of it.

“We are pouring millions into a system that tortures instead of treats,” she said, “and families like mine are left paying the ultimate price.”

Regarding the cost of operating solitary, Akbar noted that prisons have to assign more correctional officers (COs) for supervision there because they are considered more dangerous areas, which also raises the cost.

Rep. Clancy said he is against solitary and the ultimate goal should be to ban it outright, but a more attainable goal is proposed legislation that would restrict solitary to 10 days and require 15 hours a week of programming while in solitary to ensure there are visits by people.

“When you talk to people at the DOC and they say, ‘Well, we looked at your legislation, it is onerous. There’s no way we’re going to be able to do that.’ We’re like,‘Great, then don’t put people in solitary.’”

He added, “Please understand that the goal here is to end solitary, but it’s also to bring to people’s minds the real harm from it.”

Rep. Madison said he grew up with a friend who went to prison and was put in solitary, and when his friend got out he still struggled with isolation. One time, the friend wasn’t able to contact Madison and then attempted suicide but didn’t die.

“I was reminded that it is our correctional system that creates the conditions where folks, even when they are released into the community, feel locked up,” he said.

“We simply incarcerate too many people,” said Roys.  She added the goal should be to ensure public safety, not incarcerate people who don’t pose a threat. 

“If we actually want public safety, then we need to change the way we are thinking about that time when people are incarcerated, and it really should be that time that they are building their skills so that they are going to see that they can thrive, and that is why we need to be fostering relationships,” she said.

She also said there needs to be reform of the Truth-in-Sentencing law that is leading to longer prison stays without parole, resulting in more people in prison, and also reforming community supervision to change  a “gotcha” attitude — finding technical violations of those on extended supervision that would send them back to prison, instead of  focusing on helping people succeed in the community.

“If our parole officers, probation officers (POs) viewed their role as facilitating success, and they judged themselves not by how many people would get reincarcerated, but by how many people succeed and never have to be reincarcerated, that’s transformational, and you don’t necessarily need statutes to do that. You absolutely do need a strong will and strong leadership from the top director who says what we are doing.”

Hong said more could be done through executive orders and the governor’s clemency power to grant pardons. She also said she would like to invest more to hire social and mental health workers.

“The more helpers that we have in an institution, the fewer enforcers we need in that same institution,” Clancy said. 

“We have to stop saying that our jails and prisons are understaffed,” he added. “They are not understaffed. They are overpopulated.”

Clancy also said the DOC should pay mental health staff as much, or more, as it does  guards, to help hire and retain staff.

Women in solitary

During a panel discussion on women in solitary, Juli Bliefnick said that after she was assaulted inside  a prison while eating lunch, she was placed in solitary for six days, and during that time she had her monthly period, but male guards didn’t allow her to shower or have clean clothes. She had a similar experience in a county jail.

“That’s some of the most dehumanizing experiences of my whole life,” she said.

In another jail, Bliefnick witnessed a friend who was eight months pregnant put in a cell and stripped naked to look for drugs as the friend screamed.

“You can even move from that environment for decades, and you can still dream about it,” she said.  “You can still think about it like til this day, like I can hear jingling keys, and I’ll still get like, you know, like a fear of like a guard coming to, you know, harass me about something or another, and it’s a terrifying thing because I’m not there anymore. You know, your brain tricks you into thinking that you are. You carry it with you no matter how long you’ve been removed from it.”

Jessica Jacobs, who has not been incarcerated for eight years, still said she is traumatized by her time in solitary.

“Various times I’ve been incarcerated, being stuck in a room like that kind of did something different to me that maybe other people might not understand,” said Jacobs, “but so I had post traumatic stress disorder already, and then the amount of treatment that I had to suffer and go through while I was incarcerated has made it worse. And so I find myself today, sometimes where I get overwhelmed or stimulated, I know my nervous system is out of whack, where I feel like I have to close myself up into my room, and that’s kind of weird, you know, and I feel like I have to lock myself up, and I just don’t even try to figure out what it is. I know that it’s connected to that.”

Jacobs said she remembers being locked up with a 17-year-old girl who had been sex-trafficked by her father, and the girl was missing her babies and was distraught and wanted mental health services, but Jacobs cautioned against it, knowing that seeking those services often meant being sent to solitary or being restricted to a chair.

“And the next thing I know, they hauled her off and stuffed her in solitary confinement by herself,” said Jacobs. “And then came the big banging and the cries began.”

Yolanda Perkins said her mother was in prison for 17 years and spent time in solitary, and that time changed her mother permanently.

“My mother hasn’t been incarcerated in about 20 years, but she won’t go into a room by herself,” said Perkins, adding, “It affects how she grandparents her grandchildren. It affects her communication with them. It affects her communication with society. And so she still struggles.”

Bliefnick spoke about her work with the Ostara Initiative, working with doulas to end the practice of putting pregnant and postpartum women in solitary for protective custody.

“Punishing women who are in that condition is actually a common practice,” she said, “and I mean, can you think of anything worse than putting a woman who just had a baby and had it ripped away from [her getting] 24 hours in solitary confinement like that? That’s like a horrible practice to begin with. It’s like they treat them like cattle, and then to put them in solitary confinement for their protection is like the cruelest thing that you could possibly imagine.”

This story has been updated to fix the photo captions identifying Jen Ann Bauer and Megan Hoffman Kolb

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President Donald Trump speaks as Federal Bureau of Investigation Director Kash Patel, left, and U.S. Attorney General Pam Bondi look on during a press conference in the Oval Office of the White House on Oct. 15, 2025 in Washington, D.C. (Photo by Kevin Dietsch/Getty Images)

President Donald Trump and FBI Director Kash Patel claimed victory Wednesday in what they said was a months-long surge of law enforcement in major cities and pledged to continue sending federal authorities to address violent crime in U.S. cities.

The FBI arrested more than 8,700 suspects during an initiative Trump dubbed “Operation Summer Heat” from June to September. 

The exact parameters of the operation, which had not been previously made public, were unclear as Trump and Patel said during an Oval Office appearance that they would continue to prioritize aggressive enforcement, particularly in major cities led by Democrats.

“Honestly, we haven’t really gotten going yet,” Trump said. “If we didn’t have to fight all these radical left governors, we could’ve had Chicago taken care of, as an example.”

Since June, Trump has pursued a controversial and legally questionable effort to send National Guard troops to U.S. cities — Los Angeles; Washington, D.C.; Memphis and Portland, Oregon — to deal with protestors and general street crime while consistently hinting that more deployments would be coming. 

He said Wednesday that residents of Chicago largely approved of aggressive policing tactics and were “walking around with MAGA hats.” Trump won just 28% of the vote in Chicago’s Cook County in the 2024 election, compared to 70% for Democrat Kamala Harris.

“They’re not interested in National Guard, Army, Navy — bring them in, bring in the Marines,” he said. “They just want the crime to stop.” 

The crime push took Trump by surprise, he said, noting it was not a primary part of his campaign.

“I did get elected for crime, but I didn’t get elected for what we’re doing,” he said. “This is many, many steps above.”

He also identified White House Deputy Chief of Staff Stephen Miller as an architect and chief communicator of the administration’s law enforcement policies, though he made a passing implication that Miller’s far-right views were too extreme for much of the country.

“I love watching him on television,” he said. “I’d love to have him come up and explain his true feelings. Maybe not his truest feelings — that might be going a little bit too far. But Stephen, thank you for doing an incredible job. The people of this country love you.”

Political crime and Caribbean boats

Trump again broached the possibility of defying two typical norms of presidential power: calling for prosecutions to retaliate against officials who’d investigated him and defending the extrajudicial strikes on alleged drug runners in the Caribbean Sea that he said could expand to land.

Standing between Patel and Attorney General Pam Bondi, Trump said U.S. Sen. Adam Schiff, who, as a U.S. House Democrat before joining the Senate, led congressional investigations into Trump, and former prosecutor Jack Smith, who led criminal prosecutions, should be investigated.

“Deranged Jack Smith is, in my opinion, a criminal,” Trump said. 

“I hope they’re looking at Shifty Schiff,” he added, referring to the California Democrat. “I hope they’re looking at political crime, because there’s never been as much political crime against a political opponent as what I had to go through.”

Trump said the military’s attacks on vessels suspected to be bringing drugs to the United States had effectively halted drug importation from Venezuela. The operation could expand to land targets, he said.

“We are certainly looking at land now, because we’ve got the sea very well under control,” he said.

Smith and Wesson handguns are displayed during the 2015 NRA Annual Meeting and Exhibits in Nashville, Tenn. A new report found Wisconsin gun deaths have increased since 2002. (Photo by Justin Sullivan/Getty Images)

Jenevia Blanks’ young cousin was killed by gun violence, Blanks wrote in personal testimony included in a report released Tuesday that analyzes gun deaths in Wisconsin. 

“I want to keep sending a message to legislators that this violence is an epidemic, and something has to be done,” said Blanks, who volunteers with the advocacy group Moms Demand Action. “It’s not acceptable that we keep having so many lives cut short by gun violence.”

Firearms claimed the lives of 762 Wisconsinites in 2023, according to a report from the Wisconsin Anti-Violence Effort (WAVE) Educational Fund and the Violence Policy Center. This included suicides, homicides and other firearm deaths. 

The total number marks a decline from the 830 deaths reported for 2022 and the 793 deaths reported for 2021. The report also says that rates of overall suicide and firearm suicide in Wisconsin are similar to national rates, while homicide and firearm homicide rates are lower in Wisconsin than in the nation. 

However, overall rates of firearm suicides and firearm homicides have increased in Wisconsin since 2002. Since 2020, firearm deaths have reportedly outpaced motor vehicle deaths in Wisconsin. 

“One death from gun violence is too many,” Nick Matuszewski, associate executive director of the WAVE Educational Fund, said in a statement. “But 762 deaths is a disgrace and an urgent call to take the kind of actions that have been proven to save lives.” 

The 762 deaths include 502 firearm suicides and 236 firearm homicides. The report includes findings related to sex, age, race and ethnicity and rural and urban areas. 

WAVE reports that in 2023, suicides took up a larger percentage of firearms deaths in rural Wisconsin (88.5%) than in urban Wisconsin (58.2%). 

According to the report, guns were used in 54.6% of suicides and 83.1% of homicides in Wisconsin.

Black residents of Wisconsin were 40 times more likely to die by firearm homicide than white residents. The report states that an annual study by the Violence Policy Center found that Wisconsin had the fourth highest rate of Black homicide victimization in the nation in 2023. 

In 2023, 8,441 firearms were recovered in Wisconsin and traced, according to WAVE, most of which were handguns. The report found that 84.9% of firearms recovered in Wisconsin originated in the state.

The study was released the day before the Emergency Gun Violence Summit, which will take place Wednesday in Milwaukee. 

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Wisconsin Department of Correction Secretary Jared Hoy was one of the keynote speakers at the EXPO gala.

Jared Hoy, Secretary of the Wisconsin Department of Corrections, offered something the crowd gathered to celebrate Ex-Incarcerated People Organizing (EXPO)  could relate to – a confession, followed by a commitment to do better.

“I don’t think we’ve done a very good job of engaging with people who are receiving our services, friends and family,” Hoy said in a speech at the EXPO gala Oct. 11 at the Monona Terrace Community and Convention Center in Madison, explaining the reason for conducting Friends and Family Forums between DOC management and the public.

Hoy, one of two keynote speakers during the “EXPOnential” gala, expressed the aim of overcoming challenges confronted by people caught up in the carceral system, including several honorees at the event who had served time in prison, some still on community supervision, including a woman working on becoming a certified peer counselor, a former Iraq war vet and practicing lawyer from Eau Claire, and a newly appointed official for Milwaukee.

EXPO is a non-profit advocacy group in Wisconsin that works to end mass incarceration, dismantle structural discrimination and restore formerly incarcerated people to community life. It’s largely staffed by the formerly incarcerated, including its executive director, Jerome Dillard, who explained the theme of the gala.

The term exponential, he said, is  “not just a gala name, but it’s a map of mercy and it’s an algorithm of potential. An exponent takes a small number and it raises it and turns it into two, into many and sparks into a skyline. And that’s what Wisconsin EXPO is. It’s organizing with formerly incarcerated neighbors to restore rights.”

Marianne Oleson, operations director for EXPO, noted the Beth Israel Center, a conservative synagogue in Madison, was receiving the Ally Organization of the Year recognition for its “shared love” with EXPO’s goals.

“Beth Israel has opened their doors so that we can gather, learn and share our truth with the community, but their generosity extends far beyond the walls of their synagogue,” said Oleson. “They have opened their homes and they have opened their hearts to us. They share their wisdom, compassion, creativity. in so many ways that remind us what true allyship looks like. They give our state residents rides, share the incredible gifts of art, and they bring us homemade lasagna.”

Deandrea “Dee” Hardman received the Woman of the Year recognition. Hardman said before going to prison she had made many bad decisions, living on the streets, surrounded by people who took advantage of her, and burning bridges with people in her life, so that when she left the chaos of her life for prison, she actually felt free.

“Going to prison disrupted my tormented cycle,” she said. “It was the first time I felt like I had an option to choose a different life. I had every opportunity that came my way to grow and change.”

In prison she became a certified welder and participated in work release, and even though she was surrounded by others who didn’t want to change their behavior from the street, she chose differently.

She said being able to reenter society in the EXPO Safe House helped her succeed outside of prison.

“I came home and worked extremely hard, but it was not solely my hard work that got me here — It was my sisters who supported me in the home and everyone who works within the organization,” she said. “For the first time in my life, I was leaving an institution not alone, but with an entire team of people behind me who wanted to help me and have absolutely nothing but the best for me.”

Hardman noted that she had just received her certification to become a peer support specialist and her aim was to share her experience with others to overcome the trauma of addiction and imprisonment.

Man of the Year David Carlson said Expo was one of the first organizations that helped him gain a “foothold” and “get traction in rebuilding my life after re-entry.”

His wife, Alicia Carlson, said her husband was identified by  the number “558672” when he was serving time in prison, but recently he had obtained another number, “1138342,” his state bar license number to practice law in Wisconsin.

“He stepped out of a system that had silenced him and set out on a mission to make people listen, and just as important to make sure that those around him, especially those who’ve been overlooked, blocked out, written off, were seen and heard too,” she said.

Of the two numbers identifying her husband, she said, one reminded him of what it was like to be silenced and the other “gives him a platform to make sure others never are.”

Carlson described the initiatives  her husband launched since he left prison, including a peer support agency with 80 mentors operating in 30 western Wisconsin counties

Carlson, who is now the Justice Forward Wisconsin Coalition coordinator, noted he was sentenced after serving a second tour in Iraq in the military. While in the Stanley Correctional Facility, he had the opportunity to leave early under the earned release program, but he was a self-described  “hothead” who probably was going to serve his whole sentence until a mentor, a fellow resident, saw his potential.

“Instead of seeing me as a dumb, young hothead, he really took me time to mentor me,” Carlson said. “I think mentorship is a key theme in my life and my success in what I have accomplished.”

The Justice Forward Wisconsin Coalition, he said, is a network of “justice-impacted individuals mentoring each other and advocating for each other.”

He said the work needs to be led by those who have experienced incarceration.

“But if you’ve never felt what it feels like to be by yourself in solitary confinement, if you’ve never felt what it feels like to be a teenager in solitary confinement missing your mom, if you’ve never felt what it feels like to be treated and dehumanized after a visit, strip searched, told to bend over and cough — like, these types of things never go away,” he said. “I’m 10 years out, and it never goes away. I’m a lawyer, and it never goes away… I think that it’s time that individuals that have those experiences lead the way, and that’s what this coalition is about.”

Adam Procell, the new director of Community Wellness and Safety for the City of Milwaukee, a position that aims to prevent and reduce violence through community partnerships, received the Ramiah Whiteside Changemaker recognition.

Procell said on the first day of his new position he went back to the site where 35 years earlier, at age 15, when he was a gang member, he had killed 18-year-old Robert Bruce.

“Day One of my job, I went and started at the scene of my crime because I knew I was going to have to ask others to lean into uncomfortable situations,” said Procell, “So I can’t ask the community to lean into uncomfortability unless I take my two feet to be the most uncomfortable place on the face of this Earth, which is where Robert lost his life.”

Procell said there was much pressure on him to succeed and he admitted that he needed help and encouragement. He said others should also be honest about their struggles, adding that “transformation is never born in isolation – It rises from connections.” 

“It wasn’t punishment that changed me. It was the love and hope that I got when I came into this community that made a huge difference, and it changed me,” Procell said.

Hoy talks about changing the DOC culture

During his keynote speech, Hoy noted that in one of his early training sessions at the DOC, he participated in an exercise for recruits in which they were asked whether they perceived themselves as different from those they would be supervising or the same, and he perceived himself as the same.

“And that always stuck with me, because fundamentally I don’t see myself at all different than any people that are being sentenced to Wisconsin DOC,”  he said. 

Hoy said he was challenged by Procell to talk to those receiving services from the DOC to see how effective those services were.

Hoy said he told his staff that they would sit in a room with members of the community to listen.

“It’s just to hear how our policies, how our decisions, impact the lives of not only the people that we care for, provide services to, but their friends and family, and it’s probably been one of the best things that I’ve done since I started,” he said.

Hoy thought the forums would be opportunities to educate the public as well as providing feedback to the DOC.

“I think we are benefiting more by just being there and listening and understanding that the folks across the table and in those small groups are human beings just like us,” he said. “After the first forum, I sat at a table, after just about everybody left with a warden, and I won’t out him, but he was in tears and talked about how much his decisions impact not just people in our care, but their families and their systems. That is culture change.”

Hoy said recommendations are being generated to change the operation of the DOC, but what is more fundamentally important to him is the department’s culture.

“If we don’t make sure to address the culture and how we treat people, making sure that everything we do is treating people with dignity and respect, it’s not going to matter if we bring the overhead time from 35 days on average down to 20 or whatever it might be,” he said.

He noted that those working in maximum security prisons and restrictive housing settings often experience aggression by residents, including bodily fluids thrown at correctional officers.

“I get a lot of pushback when I say, not letting anybody off the hook for it, but what are the conditions that we are creating that make it OK for a human being to do that to another human being?” He said. “That’s the culture that we have to address, and it’s not everywhere. I’m not up here to completely bash DOC. I mean, I’ll tell it like it is, but there are pockets [needing change].”

Hoy also asked for understanding on the difficulty of making changes in an organization with 10,000 staff, 70,000 in community supervision and over 23,000 incarcerated.

“There’s going to be challenges; there’s going to be gaps,” he said of the DOC. But he asked for understanding for the thousands of people who  work for  DOC “who  “are trying to help change lives.”

National effort

The last keynote speaker of the evening was David Ayala, executive director of the national organization of The Formerly Incarcerated Convicted People and Families Movement, a network of over 60 organizations.

Ayala talked about the work of EXPO as part of a national movement that centers leadership by the people directly affected by the carceral system, narrative story-telling,  fighting for systemic change and creating infrastructure for reentry.

He stressed the importance of telling success stories like Carlson’s journey to obtaining his law degree.

“We need to lift up stories like that,” he said, “… there are many Davids across this country.”

Ayala encouraged EXPO to work across state lines with similar organizations.

“You’re not alone,” he told the group.  “You are part of a rich, resilient national web — a movement that believes freedom is not just a word, but a living horizon where every person returning home is met with care, dignity, and possibilities.”

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Jerome Dillard, executive director of Ex-Incarcerated People Organizing (EXPO) (left) holds book discussion with author and activist Bianca Tylek (right). (Photo by Isiah Holmes/Wisconsin Examiner)

“We’re talking about a major, major industry in our society today,” activist and writer Bianca Tylek told a group of about 20 people who packed a room at Madison’s Lake City Books Monday night. At the Q&A and book signing event, hosted by Ex-Incarcerated People Organizing (EXPO), Tylek — described as a leading expert in the prison industry — discussed her new book The Prison Industry: How It Works and Who Profits, offering her insights into what she called a $80-90 billion industry in America. 

“This is just a massive industry of folks who are using the correctional system to essentially extract either wealth or resources either from public coffers, or from low-income … communities that are directly impacted by incarceration,” said Tylek, who also founded and leads the non-profit organization Worth Rises, which works to confront and reform the prison industry. Tylek’s book delves into multiple aspects of the prison industry from food distribution to telecommunications and examines privatization, who profits and the lives of the people who are directly affected. 

The discussion was moderated by Jerome Dillard, EXPO’s executive director, who sat beside Tylek asking  questions. Dillard called Tylek “my daughter in the movement,” and spoke of his admiration for her work and her spirit in fighting for change within the prison system. 

Dillard described attending an event in Appleton last week with Tylek where he was invited to receive an award, “not knowing what we were going into,” and realizing it was a Wisconsin Correctional Association conference. 

“I just couldn’t believe all the industries that were there with tables, and tabling the event with new devices and all this,” said Dillard. “I left there really broken and heavy. These conferences opened my eyes to how big this industry is … that individuals are capitalizing on human misery.” Conference tables displayed new kinds of spit masks and shock gloves to prospective correctional customers, some of whom made joking comments about using the devices on the job. “It just blew me away, you know, that she’s bragging about punishing and torturing people in their care,” said Dillard, recalling a woman who made such remarks. 

Tylek said that there are over 1,400 manufacturers of correctional and policing equipment nationwide. “Every single state has a correctional conference,” said Tylek. “Every single state has a sheriff’s association,” as well as conferences and associations dedicated to jails, parole and other aspects of the correctional system. Tylek recalled attending the American Correctional Association conference, one of the largest in the nation, where she saw an exhibit hall “with hundreds of corporations” with their own exhibit tables. 

“And not just tables,” Tylek told the crowd. “Probably the wildest thing I saw was one company drive a full bus into the convention center, where staff from correctional institutions could step onto the bus and play with all the equipment and trinkets that they were selling. And they gave out free raffle tickets and all these things, and probably the grossest thing that I experienced was all the tickets to private events. And I made my way up to a private event for Securus.” Tylek said that the company is one of the nation’s two largest prison telecommunication companies, and was one of the largest sponsors of the conference that year. “And they had a happy hour that involved a full open bar,” said Tylek, “a full swing dance performance, everyone just having the most joyous time of all. All while on the walls there were the kiosks, the tablets, the phone devices that you could go and speak to a Securus representative while you have your cocktail. And all of this built on about 2 million people who are sitting in a cage somewhere who will never see this, who don’t get to enjoy these luxuries in any of this. It’s heartbreaking, and it’s repulsive, I think, more than anything.”

Later, Tylek elaborated more on how companies use things like gifts and luxury vacations to grow their relationships with correctional and law enforcement leaders. “At conferences, you would get these private event tickets,” she said. At one such event, she recalled, attendees were given hand-rolled cigars. “That’s just the legal stuff that looks gross,” said Tylek. There are also “questionably legal” practices, such as offering “training cruises” in the Caribbean for prison and sheriff staff in brochures distributed during contract bidding processes. 

On the dark end of the spectrum is bribery, such as the case of a Mississippi prison commissioner who was involved in a bribery and kickback scheme with private prison companies. Tylek highlighted how in Mississippi, a prison commissioner went on to work for a private prison company as a lobbyist. Similar revolving doors exist between the prison industry, especially private prisons, Homeland Security and immigration agencies, said Tylek.

Tylek described the rise of  the prison industry as a relatively new phenomenon in America. Prior to the abolition of slavery, she said, the prison population was predominantly white, and only shifted to being predominantly Black in the decades after abolition — a move  to “re-confine and re-enslave” Black people. Prison populations continued to grow into the 1970s and 80s, leading into the War on Drugs. “Really around the 1980s is when you start to see industry recognize a potential opportunity,” said Tylek. 

That’s the  era during which most of the private prison companies featured in her book began to emerge. Private prison industry representatives helped craft some of the nation’s most punitive laws such as three-strikes laws, truth in sentencing and mandatory minimums, which helped grow the prison population. “Those three pieces of model legislation were drafted by the prison industry, and specifically by private prison executives,” said Tylek. 

The consequences have been devastating for individuals and families, and also ripple out into society. “The impact of the prison industry bleeds far beyond prison walls,” Tylek said. Among those ripple effects are the cost borne by families that put money on the books for incarcerated loved ones to have food and hygiene supplies or simply to communicate, incarcerated people who work long hours for 14 cents an hour on average, missed child support payments from incarcerated parents and victims who don’t receive restitution. In addition, many small towns which once saw prisons as economic saviors now see them as burdens. 

“In the end, all of us are impacted,” said Tylek. “When we exploit people who are incarcerated, or we have a system that wants to put more people behind bars and for longer because a few stand to benefit, then socially we are all harmed by that.” 

Yet a space ripe with so many problems also invites solutions. In several states, Tylek has been involved in movements to make phone calls to incarcerated people free and in more than one of those places, that effort succeeded. “Something that everyone can understand is what’s the importance of a phone call home,” Tylek told her bookstore audience. Families of incarcerated people often face significant financial challenges, including debt, income loss and unemployment. 

In 2017, Tylek began to focus on the prison telecommunications industry. “We led the first successful campaign to make communication completely free in a jail system,” said Tylek. That was in New York, and affected the infamous Rikers Island jail. From 2019 to 2023, Tylek’s organization Worth Rises pushed for free jail calls in San Francisco, San Diego, Los Angeles, Massachusetts, free prison calls in Connecticut, California, Colorado, Minnesota. Free prison calls were enshrined in the CARES Act as a result of that work. “We’ve been able to save families $600 million to date,” Tylek said, “and generate over 3 billion additional call minutes between people who are incarcerated and their loved ones.”

Dillard recalled celebrating some of those victories with Tylek, but the fight continues. “We’re in a dozen more states trying to fight for the exact same legislation to make communication free in our prisons and jails,” said Tylek. “The outcomes that we get are life-changing. In Connecticut we saw phone volume increase by over 120% overnight. In New York just recently, first data’s coming back and we are north of 40% increases in calling.” Some of that difference is also due to inconsistent call rates across different states, with incarcerated people being charged 2.8 cents per minute in New York versus people in Connecticut who were paying 32.5 cents per minute. 

“No matter where it happens, the change is substantial,” said Tylek. “These are real people with real lives. We have talked to families whose autistic child stopped speaking when her father went to prison. And when phone calls became free and he could call home again she started speaking again, her child development changed, she started engaging more in school, and now she’s flourishing, all off a simple phone call.”

Those kinds of victories can be replicated elsewhere. A campaign was launched earlier this year to make jail calls free in Racine County, and La Crosse became the first Wisconsin county to provide free jail calls earlier this year. 

“What I love about the examples in Wisconsin is that we had nothing to do with them,” Tylek said, drawing laughter from the audience in Madison. “My biggest goal has been for this movement to take itself.” 

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Men exercise in the maximum security yard of the Lansing Correctional Facility in Lansing, Kan. The prison population in Kansas rose nearly 5% between 2022 and 2023. (Photo by John Moore/Getty Images)

The nation’s prison population grew for the second consecutive year in 2023, reversing more than a decade of steady decline.

A new prison population report from the federal Bureau of Justice Statistics, released before the federal shutdown, shows that 1,254,224 people were incarcerated in state and federal prisons on the last day of 2023 — an increase of 24,081 people from the year before, or about 2%. 

It follows a rise in 2022, which marked the first uptick since 2010, when prison populations began a gradual decline after peaking in the mid 2000s.

Even with recent increases, the prison population in 2023 was still about 20% below the 2013 level.

The latest figures show that women remain a small share of the prison population, but their numbers are growing faster than men’s. 

Between 2022 and 2023, the female prison population rose nearly 4%, from 87,800 to 91,100. The male population increased by nearly 2% during the same period. Thirty-eight states saw growth in their male prison populations, while 41 states reported increases among women.

New Mexico, Maine and South Dakota recorded the highest growth rates in their prison populations. 

Seven more populous states — Florida, Georgia, North Carolina, New York, Ohio, Texas and Wisconsin — added more than 1,000 people to their prison rolls during the same period. New Jersey, Alaska and Hawaii had the largest decreases in rates.

The growth comes as prisons are grappling with another demographic shift: a rapidly aging population. In 2023, nearly 1 in 4 prisoners were 50 or older. That trend is expected to continue, some experts say, with projections that by 2030 as much as one-third of the U.S. prison population will be over 50.

Correctional systems, many of which already face staffing shortages and overcrowding, are under growing pressure as prison populations rise. In recent years, some prisoner advocates and state legislators have pushed for measures such as “second look” laws or expanded parole eligibility that would release people deemed low risk for reoffending. Those could include older adults, people with serious medical needs and those convicted of nonviolent offenses.

The idea has gained traction as a way to lower prison operation costs and ease strain on correctional staff, but it remains controversial. Supporters say targeted decarceration can improve safety inside prisons and save taxpayer dollars, while opponents argue it could jeopardize public safety and that such releases may not significantly lower taxpayer costs. 

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

Child abuse, neglect or endangerment laws were used to charge hundreds of pregnant people with crimes in the two years after the U.S. Supreme Court overturned Roe v. Wade, underscoring the rise of fetal personhood laws, according to a new report. (Getty Images)

More than 400 people were charged with pregnancy-related crimes during the two years after the U.S. Supreme Court overturned federal abortion rights, research released Tuesday shows.

Prosecutors across the country often charged people with some form of child neglect, endangerment or abuse based on allegations of substance use during pregnancy, according to an annual report from the nonprofit Pregnancy Justice. 

Nearly three dozen cases were brought against people who miscarried or delivered stillborns, and in nine cases, pregnant people were accused of obtaining, attempting or researching abortion. 

“Prosecutors are wielding criminal laws to surveil and criminalize pregnant people, their behavior and their pregnancy outcomes,” Dana Sussman, Pregnancy Justice’s senior vice president, told States Newsroom.

Although charges against those experiencing pregnancy loss are less common, Sussman said she fears they could lead people to avoid seeking miscarriage care. 

For instance, a woman who miscarried at home was charged with abuse of a corpse in September 2023, Ohio Capital Journal reported. 

Brittany Watts was around 21 weeks pregnant when she went to the hospital but waited for hours and didn’t get help, according to the Capital Journal, and after she miscarried at home, she returned to the hospital, where staff called police. She was never indicted, and she filed a federal lawsuit in January against the city of Warren, police, hospital officials and hospital staff. 

“Rather than being able to grieve her loss, she was taken away in handcuffs. She was interrogated in her hospital bed while she was still tethered to IVs, and so she wants compensation for her own trauma, but most importantly, wants to make sure that this doesn’t happen to anyone else,” Rachel Brady, Watts’ attorney, told States Newsroom in June.

Watts’ lawsuit alleges local law enforcement and the hospital violated the Fourth and Fourteenth Amendment and the Emergency Medical Treatment and Active Labor Act (EMTALA), which requires hospitals that receive Medicare funding to provide stabilizing medical treatment regardless of a person’s ability to pay or insurance status. The defendants denied liability and the plaintiff’s claims, according to court documents filed in September. 

In this year’s report, pregnancy-related cases cropped up in 16 states, and states with strict abortion bans topped the list again: Alabama (192), Oklahoma (112) and South Carolina (62).

“If you are doing anything that exposes your pregnancy, your fetus to some real risk, perceived or assumed risk, in certain parts of the country, that is a felony,” Sussman said. 

Fetal personhood — the notion that fetuses, zygotes and embryos should have the same legal rights as human beings — comes into play when pregnant people struggling with addiction are drug tested during checkups or at labor and delivery units, Sussman said. 

“In several states, it’s become relatively common practice for people to be charged with a felony for child endangerment or neglect for simply testing positive” on toxicology tests, Sussman said. “And that carries years in prison, and of course, immediate family separation from your newborn and even from your other children in your home, in your family.” 

An investigation by The Marshall Project, Mississippi Today and three other news outlets in 2023 found that local law enforcement and prosecutors in Alabama, Mississippi, Oklahoma and South Carolina applied child abuse and neglect laws to fetuses when pursuing charges against pregnant women. 

Lawmakers in a few states have pitched legislation seeking to curb punitive approaches to addiction among expectant and new mothers. 

A bill advancing in the New York Legislature would require informed consent for drug testing and screening pregnant and postpartum patients unless it’s medically necessary. Legislation took effect in Washington state this summer that prevents the criminalization of pregnancy loss, and requires officials at jails, prisons and immigrant detention centers to report miscarriages and stillbirths to the state annually. Massachusetts legislators passed a law in December that prevents medical professionals from automatically referring substance-exposed newborns to the state Department of Children and Families. 

Prosecutors obtained information about pregnancy-related crimes from health care facilities in 264 out of 412 cases, even in incidents that did not allege substance use, according to the Pregnancy Justice report.

“If people are worrying about losing their children because of family separation through the child welfare system or by going to jail, they are not going to get the care that they need,” Sussman said. “Pregnancy is seen as a moment and a window of opportunity for people to get care. People are motivated, uniquely motivated, and we really squander that opportunity when we turn health care into a place of reporting.” 

An incarcerated person sits inside a housing block at California’s San Quentin State Prison. People 55 and older make up about 19% of the state’s prison population. (Photo by Justin Sullivan/Getty Images)

America’s prison population is growing older at a pace that some experts say is unsustainable. As of 2022, the latest year with available data, people 55 and over made up nearly 1 in 6 prisoners — a fourfold increase since 2000 — and their numbers are projected to keep rising.

A new report from the American Civil Liberties Union and the Prison and Jail Innovation Lab at the University of Texas at Austin warns that this trend is straining correctional systems that were not designed to care for older adults.

If current trends continue, the authors estimate that by 2030 as much as one-third of the U.S. prison population will be over 50.

“It puts it into perspective how bad that this has gotten,” said Alyssa Gordon, the report’s lead author. Gordon is an attorney and legal fellow with the ACLU National Prison Project. “People don’t realize that prisons are woefully equipped to handle this crisis.”

The findings are based on data from public records requests to all 50 state corrections departments, publicly available state prison population datasets and the U.S. Bureau of Justice Statistics. Some data, however, were not available for every state, limiting the authors’ ability to make extended state-by-state comparisons.

The report’s findings come as states face competing pressures: a nationwide crackdown on crime and public safety, tightening corrections budgets and severe overcrowding and staffing shortages.

The aging prison population is largely a product of the “tough-on-crime” era of the 1980s and 1990s, when lawmakers at both the state and federal level enacted a wave of punitive policies under the banner of public safety, according to the report. These policies, including mandatory minimums, “three strikes” laws and “truth-in-sentencing” statutes, led to significantly longer sentences and fewer opportunities for early release. Experts say many of those policies remain in place today.

The report also highlights the growing price tag of incarcerating an aging population. Corrections spending data shows an upward trend in medical costs across some states, according to the report.

Prisons often lack accommodations for older adults, including accessible showers and beds, dementia care and hospice services, putting them at greater risk of injury or premature death, according to the report.

Emergency protocols also are frequently inadequate, the authors found, leaving older prisoners particularly vulnerable during natural disasters, disease outbreaks and other emergencies.

Some experts say that the costs of incarcerating older adults could create common ground for policymakers, as reducing this population may lower prison spending without significantly affecting public safety.

“If you want to figure out which population to target where it doesn’t have a public safety implication, this is the population to turn to,” Michele Deitch, one of the report’s authors and the director of the Prison and Jail Innovation Lab, told Stateline. “This is an issue that can gather bipartisan support.”

The report’s authors estimate that more than half of incarcerated people over 55 — more than 58,000 individuals — have already served at least 10 years, with nearly 16,000 behind bars for more than half their lives.

Older adults are less likely to reoffend, with recidivism rates reported at 18% in Colorado in 2020, 12% in South Carolina in 2021, and 6% in Florida in 2022. These rates are far below the national three-year rearrest rate of 66% for the general prison population, according to the report.

In recent years, more states have explored measures to address the aging prison population, including legislation commonly called “second look” laws or policies that expand parole eligibility for older or seriously ill inmates.

Most recently, a new Maryland law, which is set to take effect on Oct. 1, will allow certain incarcerated people to apply for geriatric parole. The law applies to those who are at least 65, have served at least 20 years, are not sex offenders, are serving sentences with the possibility of parole, and have had no serious disciplinary infractions in the past three years.

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

A Milwaukee PD "critical response vehicle", or surveillance van. (Photo by Isiah Holmes/Wisconsin Examiner)

The Milwaukee Police Department (MPD) is pursuing upgrades to technology used to track phones during investigations. Known as cell site simulators, the formerly murky equipment tracks phones by mimicking cell towers. Once connected to a targeted phone, cell site simulators are able to track the signal, allowing police to locate people. According to city purchasing division records, MPD aims to upgrade and acquire new components and extend a contract for the phone tracking gear by three years. 

The city’s contract with Tactical Support Equipment will be extended until 2028 and increase by $165,000 to $1.45 million. “MPD operating funds will be used,” according to records obtained by the Examiner explaining the purpose for amending the contract. The amendments will cover funds and coverage for two cell site simulators purchased in 2022, the records state. 

A separate section of the purchasing division records explains “this equipment is used on a regular basis to locate suspects and in exigent situations such as critical missing incidents.” It also states, “MPD used this equipment to help support other law enforcement agencies in Wisconsin, law enforcement in other states such as Texas, Ohio, and Michigan, and federal agencies such as FBI and DEA. At this time, MPD is seeking to upgrade the existing equipment, add additional equipment, and add warranty, support and maintenance for the new and upgraded equipment beyond what the department currently has in place. Tactical Support Equipment, Inc. is the only vendor that can support the equipment as the equipment and software is proprietary.”

MPD has used cell site simulators since at least 2010, according to logs the department uses to catalog its use of the gear. For years, the technology was used by MPD’s Fusion Center, an intelligence unit originally created for Homeland Security operations. A group of officers known as the Confidential Source Team – or CS Team – operates the cell site simulators. Logs of the technology’s use show that it’s mostly used to investigate crimes including homicides and shootings and for investigations related to overdoses or firearms. The logs also show the technology is used to locate material witnesses, kidnapping victims, but also for vague reasons like “drugs”, “long term”, or are redacted entirely.

By 2022, when Wisconsin Examiner first interviewed a member of the CS Team, both the team and its gear had been moved from the Fusion Center to MPD’s Special Investigations Division (SID), which focuses on fugitives, felonies and violent crimes. The team’s name invokes the technology’s secretive history. 

The Milwaukee department once signed non-disclosure agreements in order to acquire the technology leading to controversies in 2016, when MPD was accused of hiding use of Stingray-type devices from judges during court proceedings. When asked during a trial about how a person was located, officers used “oddly vague language,” the American Civil Liberties Union (ACLU) of Wisconsin said, even stating that they “obtained information from an unknown source.” Things have changed over time, however. Today, the Milwaukee Police Foundation, which funnels private donations to MPD, publicly lists cell site simulators as among the technologies it helps MPD to purchase.

Like many other law enforcement agencies nationwide, for years MPD utilized phone tracking equipment produced by the Harris Corporation, a multi-billion dollar defense contractor. Harris’ devices were so common that one of its brand names, Stingray, became a common shorthand for all cell site simulators, which are also sometimes called “IMSI catchers.”   

In 2019, MPD purchased a new model from Tactical Support Equipment, a North Carolina-based veteran-owned company which sells everything from K9 camera systems to cables and night-vision cameras. The company does not appear to advertise its cell phone tracking systems on its website. 

Tactical Support Equipment, which did not respond to requests for comment for this story, sold MPD a single cell site simulator in 2019 for $498,900, according to purchasing division records from the time. Later that same year, MPD purchased a C-Hostile Emitter Angle Tracker (C-HEATR), which is a remote handheld mapping device that works together with the cell site simulator. 

Three years later in 2022, MPD upgraded the cell tracking gear by adding a four-channel “5G enabler solution” for $328,700, and a 12-channel portable base station with full 5G coverage (as well as insurance, training, and supporting equipment) for $951,750. 

Responding to questions from Wisconsin Examiner, MPD said that the most recent upgrades will be to “support devices operating in 5G.” The department added that “MPD is the only agency in the area that has a [cell site simulator]. When an agency needs assistance with an investigation and their request falls in line with our operating best practices, we try to provide that agency with assistance.” 

Although cell site simulators are less of an enigma than they used to be, many questions still remain. While MPD states that its technology can only track location, cell site simulators as a family of devices are known to be capable of intercepting calls and text messages, and even more exotic abilities like sending fake short messages to a target phone. In Milwaukee, local activists have long reported strange phone malfunctions and service disruptions which they suspect may be caused by law enforcement surveillance. 

MPD has repeatedly denied responsibility for the claims, and has said in the past that the department’s cell site simulators do not cause malfunctions to target phones. When the Wisconsin Examiner reached out for this story, however, MPD said for the first time that “the equipment already will disrupt service to the target phone when the target phone is located. That disruption is limited to the time it takes for the operator to narrow down the location of the device.” 

The department has also repeatedly stated that its cell site simulators cannot intercept calls or text messages. A different technology known as PenLink is used by MPD for Title III investigations, which involve intercepting content of communications. In responses to Wisconsin Examiner, MPD cited Department of Justice policies and U.S. law which state that “cell site simulator technology must be configured as pen registers, and may not be used to collect contents of any communication.” Wisconsin Examiner reached out to the Wisconsin Department of Justice for more information and has not received a response. 

From 2021 to 2023, Republicans introduced bills that would have changed  how pen registers are defined in Wisconsin. Supporters of the bills, which did not pass, said that they would allow law enforcement to pursue pen registers for social media. Telecommunications experts, however, warned that the bills could open a “back door” for police to use cell site simulator devices in ways not well understood by judges or the public. 

There have been more calls for more oversight of police surveillance in Milwaukee recently, with local activists pushing for  Community Control Over Police Surveillance (CCOPS) ordinances. Over two dozen U.S. cities have already passed such ordinances, which provide more transparency about the purchase and use of surveillance technologies by police departments. MPD stresses that it uses cell site simulators in accordance with DOJ policy “and only after a court order is granted in cases that are not exigent,” the department said in a statement. “There is a process in place in which utilization of the equipment is only done with supervisory approval and oversight.”

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