|
It's hard to be in prison at any time and harder still when the small niceties – a phone call, a turn outdoors – are taken away during a pandemic battle. The testimonials below have been edited for length, clarity and to protect the writers' identities. *** I want to bring awareness to the new phone restrictions....This is for my floor and my floor only. Now, on A3 my current housing unit is being restricted to one 20-minute phone slot after 4 p.m. No other housing unit has to abide by this rule. The floor as a whole is being punished due to a few select inmates with no regard and no respect to others. There are more appropriate ways to handle this situation. Like consequences for the individuals that are abusing the phones. We already lost our visitation with our families and friends with one substitute video visitation or other forms of communication. Many of us housed here are Mothers and remaining a constant in our children's life is very important. I have two children ages 4 and 9. They are both in 2 different households. I can't call them until after 6 p.m. due to their fathers work schedule. With this new rule? I am forced to pick and chose each night which one I can call and say goodnight to! That is absurd. I should be able to call both of my children to say goodnight just like anyone else in this institution. We have a memo posted from less than a month ago stating how they are looking into other ways of communication due to the visits being cancelled at this time. This proves to be the complete opposite of that! *** I received a minor conduct report for disobeying orders, due to another inmate permitting me to share a phone call conversation with a mutual friend, and I was given a disposition of 40 days loss of phone. I was never given a verbal warning, a written warning, a reprimand or a previous minor conduct report for disobeying orders related to phone use. Nearly five months ago, (the institution) created an unreasonable pre-COVID-19 pandemic policy, which was originally meant to allow everyone access to the phone by limiting phone use to five calls a day per inmate due to some inmates monopolizing the phone. The policy never addressed the reality of an inmate permitting another inmate to use his phone time, especially during this National State of Emergency. (The institution) never attempted to relax on this policy due to COVID-19, but instead chose to continue this unjust policy in limiting our access to our families, friends and loved ones.  This had caused further fear and panic, and the attitude of (the institution) is to penalize us for desperately reaching out to our families on other inmates' phone time who doesn't even want to use the phone or want to share their phone time.
(The institution) is severely punishing inmates with 30-40 days loss of phone privileges during this extreme pandemic, which is literally causing inmates to go into a depression, while experiencing anxiety and feelings of hopelessness....Inmates are not given verbal warnings, reprimands, or a few days loss of phone but are automatically giving 40 days loss of phone. The Gestapo-like actions of (the institution) administration is unbearable, especially when some inmates have 80-100+ days loss of phone! We were promised two additional phones for each unit over four months ago, which would've help to accommodate inmates in unit. Currently, there are eight phones to accommodate about 176 inmates, and instead on (the institution) placing more phones in the unit they decided to limit inmates to five phone calls per day as the solution.... Most prisoners like myself suffer from PTSD, Anxiety, Depression and other stress related disorders, thus depend on the phone for moral support, a therapeutic outlet and to connect with loved ones during this pandemic and to escape the harsh reality of prison life.... *** I got sick the last week of March had fever of 102.1. They took me in to the ER. I had to get emergency gall bladder surgery after returning here to...went to general population and noticed I still had a fever. The medical team told me it was just from my surgery but it wasn't. Health staff wouldn't listen, denied me access to care. Finally they came to see me and I was jaundiced and was gaining 2-4 lbs a day. I had liver failure. I was in and out the hospital, when back at the prison they admitted me to the infirmary, but every time I went off grounds to the hospital I had to be quarantined 14 days . The problem was from March 31st to April 20th I was quarantined with no showers, no phone calls., they denied me a PSU (psychological services unit)...April 20th,I wrote the warden she fixed showers, calls and PSU but I felt unsafe unable to contact the outside world from march 31st to may 6 it has been a hard quarantine. My liver condition has improved so I hope no off grounds appointment. *** If the Coronavirus gets to a unit it will spread either way in the bathroom or in the halls, or by where you get your food. If you're scared of catching the Coronavirus...wear your new mask and sit in your room. It should be our choice. But since were all criminals we apparently have no rights. But why lock us down all day in our cells while its beautiful outside and then throughout the day have us group together in a closed environment with all the windows shut. There is no consistency. You have asshole C/Os walking around making sure your window is shut on a 65° day. When fresh air is better to breathe than air pumped through our vents. I also haven't seen one C/O on our unit wear a mask or practice social distancing. A staff member is the only way the virus can get in and they don't follow their own safety precautions.
0 Comments
WJI is taking a look at justice-related bills adopted during the 2019-20 session. 2019 Act 97 – This act makes battery to a nurse or to a person working under the supervision of a nurse a Class H felony rather than a misdemeanor, as was previously the case. The misdemeanor was punishable by up to nine months in jail and a fine of up to $10,000. The felony is punishable by up to six years in prison and a fine of $10,000 or both. It previously was a felony to commit battery against an emergency medical care provider. Act 97 expands that Class H felony to cover battery against any health care provider who works in a hospital. "Hospital" has a broad definition under the act and includes any facility devoted to treatment of and medical care for three or more nonrelated individuals. The law was introduced as Senate Bill 163. The companion bill was Assembly Bill 175. The lead authors of SB 163 were Senators Dale Kooyenga (R-Brookfield) and Tim Carpenter (D-Milwaukee). The lead co-sponsors were State Representatives Gae Magnafici (R-Dresser) and Cindi Duchow (R-Delafield). State Reps. Jonathan Brostrom (D-Milwaukee) and Rob Stafsholt (R-New Richmond) voted against the bill. Fiscal estimates: District attorneys, Department of Corrections, Department of Justice and State Public Defender's Office all said they could not determine how much the new law would cost. Excerpts Testimony for: Kooyenga – Workplace violence should not be a part of the job for a nurse. However, the reality we have all seen depicted in the news shows otherwise and unfortunately, earlier this year, a nurse was beaten to death at an area healthcare facility. Workplace violence against nurses can be found in just about every type of practice setting – hospitals, clinics, home care, psychiatric, long term care and correctional health settings. .
Wisconsin Nurses Association – Instances of workplace violence against nurses have gone beyond the emergency room. Incidents are regularly taking place on other units of hospitals, same day surgery, ambulatory care, primary care, long term care, home care, hospice, and employer based clinics.
According to a report published by the American Nurses Association one in four nurses are assaulted while on the job. This data is similar to WNA's research. It is important to note that one common theme in all of these reports is that the majority of nurses did not report the incident. Reasons for not reporting include the belief that assaults are part of the job and/or the belief that their report will not be investigated and acted upon. This is why workplace violence against nurses is also referred to as the "Silent Epidemic." Froedtert Health – There are a number of factors that contribute to the higher risk in a healthcare environment. Healthcare facilities are generally widely accessible to the general public and providers are committed to caring for all, both through their professional and ethical responsibilities to "do no harm" and through various laws and regulations....Patients often feel sick and are often frightened and facing uncertainty. Some are in significant pain. Others are under the influence of medications or illicit drugs, have a history of violence, or have a medical condition that impacts their decision-making and behavior. Family members and visitors can feel extreme stress, concern and anger when a loved one is facing a serious health issue. All of these factors can contribute to inappropriate acts of violence....We support this legislative effort to improve safety and discourage violence through a penalty enhancer. Other testimony: Disability Rights Wisconsin – We respect the concerns of the bill's authors regarding addressing workplace violence against nurses. However, after reviewing the potential impact of the bill on people with disabilities, we are concerned that the bill may have unintended consequences and would not have changed the tragic incident that this proposal is responding to. AB 175/ SB 163 has been described as addressing "bodily harm to a nurse" but the actual scope is far broader. The penalty enhancer included in this bill would also be applicable to situations involving "an individual working under the supervision of an RN or LPN." This is very expansive and would include personal care workers, Certified Nursing Assistants, and other paraprofessionals who work in a wide range of community settings including private homes and apartments, group homes and schools, as well as traditional healthcare settings. We are also concerned that AB 175/ SB 163 could potentially criminalize actions by some people with disabilities that are a manifestation of their disability. This concern is particularly acute because of the expansive nature of the proposal and its applicability to large numbers of paraprofessionals who provide care to people with disabilities. Certain types of disabilities such as traumatic brain injury, dementia, autism, or mental illness, may in some cases manifest challenging behaviors, especially when an individual is in crisis. Unfortunately, on occasion these behaviors result in bodily harm to a caregiver. Under this bill a person with a disability could be charged with a Class H felony. While we acknowledge that intent is an element, that does not guarantee that a person with a disability will not be charged or convicted.... Registering for the bill AFSCME International Union, Aurora Health Care Inc., Coalition of Wisconsin Aging Groups, Froedtert Health, LeadingAge Wisconsin, Medical College of Wisconsin, Wisconsin Academy of Physician Assistants, Wisconsin Association of School Nurses, Wisconsin Nurses Association, Wisconsin Professional Police Association. Registering against the bill No one Registering for "Other" position Alzheimer's Association Comment: We have concerns about the broad scope of this legislation; the term "intentional" can be interpreted subjectively. People with Alzheimer's or dementia, who may be experiencing a crisis situation, could potentially be charged with a Class H felony. Ascension Wisconsin (supported bill with an expansion that was eventually adopted). Disability Rights Wisconsin (see testimony above). Greater Wisconsin Agency on Aging Resources Comment: Concern-This bill could have unintended consequences as some illnesses/disabilities (dementia, traumatic brain injury, dementia, mental illness, etc) can manifest in behaviors that could subject individuals to being charged with a Class H felony. League of Women Voters of Wisconsin Inc. Comment: We could support this bill if amended to include all health personnel and to exempt patients determined to have certain behavioral disabilities, based on evidence-based standards. Pharmacy Society of Wisconsin (supported bill with an expansion that was eventually adopted). Wisconisn Academy of Physician Assistants (supported bill with an expansion that was eventually adopted). Wisconsin Coalition of Independent Living Centers Inc. Comment: This may have unintended consequences for some people's behavior who have dementia, autism, some mental illnesses and result in them having a felony. Wisconsin Hospital Association (supported bill with an expansion that was eventually adopted) By Gretchen Schuldt This post was updated on May 20 to reflect additional positive coronavirus tests reported by the Department of Corrections. The number of people incarcerated in state prisons testing positive for the coronavirus jumped 70% this week, from 20 last week to 34, according to Department of Corrections figures. Meanwhile, the state's prison population still is declining during the coronavirus crisis, but at a much slower pace than it did earlier in the pandemic, DOC figures show. The biggest virus outbreak is at the Felmers O. Chaney Correctional Center in Milwaukee, where 18 people have tested positive as of Wednesday, up from 13 on Monday. Five tested positive as of Wednesday at the Marshall E. Sherrer Correctional Center, also in Milwaukee. That number is up one since Monday. Another 116 residents of those two facilities have tested negative. The DOC last week tested all 125 or so of the people held at those facilities at the time. All of the testing has been completed and the results received. Two people incarcerated at Columbia Correctional Institution have tested positive, as have eight at Oshkosh Correctional Institution and one at Waupun Correctional Institution, according to the figures. Some 1,047 people are in quarantine, meaning they were potentially or directly exposed to the virus, according to the DOC. During the week that ended Friday, May 15, the number of occupied prison beds fell by 128, just 52% of the 243-inmate decline recorded the week ending April 10, which saw the biggest drop recorded thus far during the pandemic. The number of occupied beds in the prison system has dropped from 23,273 on Feb. 28 to 22,008 on Friday, a decline of 1,265, or 5.4%. The prison system is still about 25% over capacity. The number of filled inmate beds (as opposed to community corrections beds) at the Milwaukee Secure Detention Facility rose for the sixth week in a row, and stood at 463 as of Friday, up six from the week before and 59 from its lowest pandemic population of 404 on April 3. The MSDF inmate population still is down 24%, or 144 people, from its pre-crisis level of 607 on March 6. The number of people held for alleged probation and parole (including extended supervision) also has dropped significantly, from 905 on Feb. 28 to 315 on Friday, a decline of 65%. The first chart below shows the decline in prison population for each week beginning Feb. 28. The other charts show state prison populations over time. DOC stopped accepting most new inmates on March 23, shifting to countiesThe number of people incarcerated in state prisons testing positive for the coronavirus jumped 35% Monday, from 20 to 27, according to Department of Corrections figures. Meanwhile, the state's prison population still is declining during the coronavirus crisis, but at a much slower pace than it did earlier in the pandemic, DOC figures show. The biggest virus outbreak is at the Felmers O. Chaney Correctional Center in Milwaukee, where 13 people have tested positive. Four have tested positive at the Marshall E. Sherrer Correctional Center, also in Milwaukee. The DOC tested all 125 or so of the people held there last week. Most of those tests are pending, according to DOC figures. Two people incarcerated at Columbia Correctional Institution have tested positive, as have eight at Oshkosh Correctional Institution, according to the figures. Some 956 people are in quarantine, meaning they were potentially or directly exposed to the virus, according to the DOC. During the week that ended Friday, May 15, the number of occupied prison beds fell by 128, just 52% of the 243-inmate decline recorded the week ending April 10, which saw the biggest drop recorded thus far during the pandemic. The number of occupied beds in the prison system has dropped from 23,273 on Feb. 28 to 22,008 on Friday, a decline of 1,265, or 5.4%. The prison system is still about 25% over capacity. The number of filled inmate beds (as opposed to community corrections beds) at the Milwaukee Secure Detention Facility rose for the sixth week in a row, and stood at 463 as of Friday, up six from the week before and 59 from its lowest pandemic population of 404 on April 3. The MSDF inmate population still is down 24%, or 144 people, from its pre-crisis level of 607 on March 6. The number of people held for alleged probation and parole (including extended supervision) also has dropped significantly, from 905 on Feb. 28 to 315 on Friday, a decline of 65%. DOC stopped accepting most new inmates on March 23, shifting to counties the responsibility of housing sentenced inmates. The first chart below shows the change in prison population for each week beginning Feb. 28. The other charts show state prison populations over time.     WJI is taking a look at justice-related bills adopted during the 2019-20 session.
2019 Act 41 – The state generally required a license to work as a massage therapist or bodywork therapy, to describe oneself as a massage therapist, bodywork therapist, masseur or masseuse, or to use titles related to massage therapy or bodywork therapy. Violations were punishable by forfeitures of not more than $1,000 for each violation. Act 41 prohibits a person from hiring a person to perform massage services anyone who is not properly licensed or is exempt from the license requirement. The law also authorizes municipalities to enforce local ordinances that prohibit the provision of massage therapy or bodywork therapy by unlicensed individuals and that prohibit unlicensed individuals from calling themselves massage therapists or bodywork therapists. The penalty for violating the state law was increased to a criminal fine of $1,000, up to 90 days in jail, or both. Municipalities can impose forfeitures of up to $1,000 for each ordinance violation and the board that licenses massage therapists can assess a civil forfeiture of up to $1,000 for each violation of the state law, or may issue a reprimand, a license revocation, a license suspension, or can refuse to issue a license. The law was introduced as AB 143; its companion Senate bill was SB 133. The lead authors of the bill were State Rep. Joe Sanfelippo (R-New Berlin) and Rep. Rob Hutton (R-Brookfield). Lead co-sponsors were State Senators Dale Kooyenga (R-Brookfield) and Scott Fitzgerald (R-Juneau). It was signed by Gov. Tony Evers on Nov. 21, 2019. Fiscal estimate: Department of Safety and Professional Services – DSPS does not have sufficient information available to determine what fiscal impact this would have on local governments. Testimony for Sanfelippo – Police in West Allis and Waukesha have uncovered prostitution and human trafficking occurring in multiple massage therapy businesses in their cities. Unfortunately, these have not been the only areas in Wisconsin where such illicit activities have taken place. Another recent story indicates that a New Berlin massage therapy business owner was keeping a place of prostitution and could face up to six years in prison. There have also been incidents reported in Greenfield and Franklin, as well as in other communities throughout the state.... The vast majority of businesses that offer massage therapy services are professional, operate with the greatest of integrity, and follow the law. Unfortunately, a few bad actors involved in human trafficking are tarnishing the entire industry. Current statutes are unclear and leave very limited recourse for our local communities to take swift action in the event that an unscrupulous operation is discovered. A fter City of West Allis officials contacted our office asking for help, we worked with the Wisconsin Department of Safety and Professional Services to come up with a plan that would empower local governments to take enforcement actions while still maintaining the current state level licensure model. Testimony against None. Registering for the bill American Massage Therapy Association, Wisconsin Chapter; League of Wisconsin Municipalities; and Wisconsin Chiefs of Police Association Inc. Registering against the bill No one.  Ziegler By Margo Kirchner
Incarcerated people cannot be forcibly medicated unless they are a danger to themselves or others – just being too incompetent to refuse the medication is not enough to justify its administration, says the Wisconsin Supreme Court. The court recently held that a statute permitting administration of medication upon a finding of mere incompetence to refuse was unconstitutional. Justice Annette Kingsland Ziegler wrote for the court, joined by Justices Ann Walsh Bradley, Daniel Kelly, and Rebecca Dallet. In 2005, C.S. was convicted of mayhem and sentenced to 10 years of imprisonment plus extended supervision. C.S. suffers from schizophrenia, and during his incarceration in 2012 Winnebago County petitioned to involuntarily commit and medicate him. Involuntary commitment is a separate matter from involuntary medication. Those who are involuntarily committed, whether in prison or not, have a general right to refuse unwanted medication and treatment. The Winnebago County Circuit Court committed C.S. and ordered involuntary medication after finding that C.S. was incompetent to refuse it himself. In prior litigation C.S. unsuccessfully challenged his involuntary commitment. The recent case instead challenged the involuntary medication orders. Those orders were based on findings that C.S. was incapable of understanding his condition and could not make an informed choice about medication. At no point in the proceedings did the court determine that C.S. was dangerous. C.S. argued that the statute allowing medication of an incarcerated person was unconstitutional because, unlike the law governing those not in prison, it did not require the judge to find that the person is a danger to himself or others. Winnebago County argued in response that it had an interest in the care of mentally ill and incompetent inmates, which justified the statute. WJI and ACLU ask City Attorney Tearman Spencer to end Milwaukee city cannabis prosecutions5/13/2020  The Department of Corrections announced Friday that it would test all inmates and staff at the Felmers O. Chaney Correctional Center, with a population of 86 inmates, and the Marshall E. Sherrer Correctional Center, which houses 43 incarcerated people. Both facilities are in Milwaukee. When those additional 129 folks are tested, the state will have tested a whopping 1.3% of state prison inmates. Thus far, the DOC has tested about 0.7% of the 22,136 imprisoned people. Six of seven people previously tested at the Chaney site tested positive for the coronavirus; all four inmates tested at the Sherrer Center tested positive, according to DOC information. The testimonials below are from inmates at different state prisons. They were edited for length and clarity. Well, since Tuesday 5/5/2020 I am now in COVID isolation; yet, ironically, housing us in about the most heavily trafficked area in the [north] cell hall: the showers (and we are not allowed to shower for at least 2 weeks). It appears that everyone that attended library on Monday afternoon 5/4/2020 is down here with me, less a few that were taken to the hole for the something they said (trivial comments). The irony here is that I was allowed to move about and came into contact with a number of prisoners and staff within the almost 24-hour span between Mon. and Tue.'s quarantine, none of whom are down here. Some staff and inmates were not even wearing masks or PPE. On a moment's notice they required me to carry all my property down two flights of stairs unassisted, literally speed walking with two 30-40# bags, a dozen trips. I have tested recently to be malnourished and have serious chronic medical conditions. I wasn't even allowed to eat my lunch, i.e. unless I wished to forfeit my property or go to the hole (which is one and the same). The isolation cell they put me in was filthy, containing the leftover "mattress," or the old uncovered, no-stuffing, ripped, urea-smelling sack of plastic the last COVID patient laid upon. In fact, one of these guys has already been down here for quarantine before(!) and back again. Then, having lost my single-cell, I will be coerced into moving back into a double-cell which they know I will refuse for medical & safety concerns, and will proceed to be thrown in the hole, incidentally forfeiting my recent approval for a medium. So, allow me to intrigue you with this premise: Guards and inmates alike are free to wear masks/PPE at their discretion, yet even though I don masks/PPE and observe proper protocol, I am put in isolation and deprived law library/court access.... Keep in mind they aren't actually testing us, only screening and monitoring, and they are simply going to throw possible asymptomatic carriers right back into the population and law library, over and over again. And what about staff, some of whom invariably associate with these "Liberate Wisconsin" protests? *** I have just over 9 months left. They have the COVID cases on one unit at this point. It seems to me that it is staying on that one unit, thank God. But we have guards who work in that unit that then go to another unit later that week. They don't seem to realize that its that carelessness that spreads this disease. We have maybe one or two guards who actually follow the mask ideas and they seem to be getting power hungry now that they have to keep us from being in contact with each other. *** As of today's date, we have no cases of COVID-19 here. This institution takes the rules of social distancing very seriously. Starting on March 26 we were placed on a modified lockdown. Then a week later we started a full-blown rule change for everything... Starting with day-room time. Where as we used to get almost 13 hours out every day, we now see only 4.1 hours because our day room is broken into 3 groups of out time..(group 1, 2, and 3). Each group consists of anywhere from 30-40 inmates and the times are 1.5 hours for two of the periods and a final 50 minute period to finish off the night. Inmates are only allowed to sit two to a table, maintain six feet apart, we eat in our cells, we lost the gym for rec, weight room, and library, because it's too close in quarters. But we still have the walking track where we are allowed to walk, jog or run every other day, but only with our group, and no more than 40. The isolation cell they put me in was filthy, containing the leftover "mattress," or the old uncovered, no-stuffing, ripped, urea-smelling sack of plastic the last COVID patient laid upon. We just got a memo stating that the DOC will be passing out cloth masks for every inmate to wear until the pandemic is over to help keep us safe. We haven't gotten them yet, but have been told that they are in the works of being made right now. They also said they will be placing a 4-pack of disposable masks on the canteen for us to purchase when they get them in. The weird thing is, is that when we get these cloth masks we will be required to wear them when out in the day room, yet the COs still don't have to wear any, so what's the point if they're just going to bring it in anyway? But, that's what the memo states as of now.
(The prison) was running a Girl Scout Cookie fundraiser that would have the cookies delivered on the week of 4-20-20 but due to this pandemic (the prison) has suspended it, even though they have taken our money for the event...like, from me, I'm still missing $40 for 8 boxes of cookies. What I don't get is, deliveries are still allowed, so why not allow the cookies to be delivered to the institution? Either that or refund us our money back... OR allow us to do some good elsewhere and purchase goods from a business hurting in the community right now who can deliver easily consumable foods like pizza or sub sandwiches or something of that nature...that way we can at least feel like we are helping out a little bit and the prisons can get a spotlight in this...you know? In case you didn't know this, since we went on modified lockdown and all visitations have stopped, the prison has been offering us two free 15-minute phone calls Sunday-Saturday every week till the pandemic is over. Now, they just passed out another memo stating that in addition to the free calls, they will be giving every inmate one free stamped envelope every other week And 0.50¢ on their kiosk account once a month to help keep everyone in contact with their families... But as for picture and video messaging, its still a no-go, even though the kiosks are program eligible and able. Finally, there's a nasty rumor going around here by COs stating that ALL transports have been called off till August for all programming, including ERP (Earned Release Program) and CIP (Challenge Incarceration Program)....A lot of guys here are worried about it cause they are waiting to go to CIP, and have been for almost a month now. Add that to the no transports leaving from here in the last week, and that adds up to a lot of worried inmates believing what the CO's are telling them.  Liegois "Evers' judges" is our effort to present information about Gov. Tony Evers' appointees to the bench. The information is taken from the appointees' own judgeship applications. WJI also will continue to profile former Gov. Scott Walker's appointees who are still in office.
Name: Beau Liegeois Appointed to: Brown County Circuit Court Appointment date: Sept. 20, 2019. (Elected to a six-year term in April 2020) Education: Law School – Valparaiso University, Valparasio, IN Undergraduate – University of Wisconsin Madison High School – Green Bay West High School Judge Advocate General training – U.S. Army JAG's Legal Center and School Recent legal employment: 2008-present – Brown County District Attorney's Office 2010-2018 – Wisconsin Army National Guard 2007-2008 – Brown County Corporation Counsel's Office Bar and Administrative Memberships: State of Wisconsin General character of practice before becoming a judge: Mostly criminal prosecution; also active in developing treatment court as an alternative to incarceration. Describe typical clients: Represented military personnel as a defense counsel while a JAG. Also assisted with family law issues, wills, and powers of attorney. Number of cases tried to verdict or judgment: 27 jury trials, 50+ court trials. Describe up to three significant trials, appeals, or other legal matters in which you participated as a judge or lawyer in the past seven years: State v. Riemer – 2015 – Wisconsin Army National Guard – recruiter misconduct – I was assigned as Assistant Trial Counsel (military prosecutor). This was the first General Court Martial in the history of the Wisconsin National Guard. The recruiter committed offenses that were not civilian crimes so the local district attorney was unable to prosecute. However, they were very serious military crimes, so the Adjutant General wanted the offenses prosecuted in a military criminal court. The co-Trial Counsel, CPT Criag Lambert, and I had to draft many court documents from scratch because we were utilizing the Wisconsin Code of Military Justice, Chapter 322 of the Wisconsin Statutes, for the first time in our state's history. The defendant pied guilty to felony offenses and received the first jail sentence in the history of the Wisconsin National Guard. At the conclusion of the case, Craig and I received a meritorious challenge coin from the Adjutant General, Major General Donald Dunbar. State v. Brittany Mefford – Brown County case 13CF295 – 1st degree reckless homicide – delivering drugs – My role was the prosecutor at the jury trial where the defendant was found guilty. This was a complicated case where mulitple (sic) individuals delivered the heroin in a chain before the heroin reached the overdose victim. This defendant was the highest in the chain of deliveries and the first drug dealer in the chaine (sic) who was actually profitting (sic) from the sale of heroin. The overdose victim's family was very involved in the case. The victim's grandmother attended every court hearing, but his mother was so emotionally devastated that she was unable to even walk into the courtroom. The defendant was found guilty at trial and sentenced to 6 years of initial confinement in prison. State v. Maria J. Patino – Brown County case 12CF1570 – Conspiracy to deliver THC – My role was the prosecutor at the jury trial where the defendant was found guilty. This case was part of a large-scale drug trafficking organization that shipped drugs and firearms from California to Brown County. The most significant participants in this conspiracy ended up pleading guilty and received long prison sentences. This conspirator went to trial on her case. It was a difficult case to try because there was no evidence that the defendant ever actually handled the drugs. Her role was laundering hundreds of thousands of dollars that were the proceeds from drug transactions to support the drug trafficking organization. She was sentenced to 2 years of initial confinement in prison. Experience in adversary proceedings before administrative bodies: Represented defendants and the government before the administrative separation board Previous runs for political office: Ran unsuccessfully for the U.S. House of Representatives in 2018. Position or involvement in judicial, non-partisan, or partisan political campaign, committee, or organization: None All judicial or non-partisan candidates endorsed in the last six years: Tony Evers, governor Tammy Baldwin, U.S. Senate Mandela Barnes, Lt. governor Josh Kaul, attorney general Sarah Godlewski, state treasurer David Lasee, Brown County district attorney All of the endorsements were in 2018. WJI is taking a look at justice-related bills adopted during the 2019-20 session. 2019 Act 33 – Expands the activities for which a person can be prosecuted on felony charges related to trespassing or damaging utility property. Prior to adoption of this law, damaging another's property without consent of the owner was generally a misdemeanor punishable by 9 months in jail, a fine of up to $10,000, or both. The same actions became a felony punishable by up to six years in prison and a $10,000 fine if the property was owned by an energy provider and the person caused or intended to cause significant disruption to operations. The law said energy provider property had to be part of an electric generation, distribution, or transmission system or part of a natural gas distribution system. The new law expands the penalty to cover damage to property owned, leased, or operated by water utilities; water production cooperatives, and companies that run gas, oil, petroleum, refined petroleum product, renewable fuel, water, or chemical generation, storage transportation, or delivery system. Trespassing offenses were treated similarly. In most instances, before Act 33, trespassing was civil violation punishable by a fine of up to $1,000. Trespassing on energy provider property, however, carried the safe felony sanctions as damaging a provider's property. This section of the bill also expanded the types of properties where trespassing is a felony to include those also included in the damage-to-property provisions. Exemptions to the penalties were included for monitoring compliance statutory requirements, taking part in otherwise legal picketing or protests that arise out of labor disputes, taking part in legal union organizing activities, and exercising legal free speech and or assembly. The law was introduced as AB 426; its companion Senate bill was SB 386. It was signed by Gov. Tony Evers on Nov. 20, 2019. No fiscal estimates were filed. Testimony for Rep. David Steffen (R - Green Bay) – Critical infrastructure is a term used by the government to describe assets that are essential for the functioning of a society and economy. Most commonly associated with the term are facilities for: shelter, agriculture, water supply, public health, transportation, security services, electricity generation, transmission and distribution (ie. Natural gas, fuel oil, coal, nuclear power) and telecommunication. In recent years, critical infrastructure sites throughout the Midwest have been the recipients of worker harassment and millions of dollars of vandalism and damage. Acts such as these do not only negatively affect the property being damaged but is also putting nearby communities and environment as risk. Sen. Van H. Wanggaard (R-Racine) – As you know, our power grid and related infrastructure is a target that can be damaged and/or sabotaged. A single person could create a problem that could disrupt energy services for hundreds of thousands of people. This is danger to our economy and our safety. We saw this happen earlier this year in Madison with the MG&E fire. I know the MG&E fire was an accident, but you can see the impact the accident caused. Now imagine, the impact ifthat fire was intentional. The damage could have been far greater and widespread. American Chemistry Council, American Petroleum Institute, Construction Business Group, International Union of Operating Engineers Local 139, Mechanical Contractors Association of Wisconsin, Metropolitan Milwaukee Association of Commerce, Midwest Food Products Association, Plumbing and Mechanical Contractors Association of Milwaukee and Southeastern Wisconsin, Sheet Metal and Air Conditioning Contractors' Association of Milwaukee, U.S. Venture, Wisconsin Building Trades Council, Wisconsin Farm Bureau Federation, Wisconsin Grocers Association, Wisconsin Independent Businesses, Wisconsin Independent Businesses Agri-Business Coalition, Wisconsin Industrial Energy Group, Wisconsin Laborers District Council, Wisconsin Manufacturers & Commerce, Wisconsin Paper Council, Wisconsin Pipe Trades, Wisconsin Propane Gas Association, Wisconsin Restaurant Association, Wisconsin Rural Water Association, Wisconsin Transportation Builders Association, Wisconsin Underground Contractors Association, Wisconsin Utilities Association – In recent years, critical infrastructure worksites in the Midwest have seen millions of dollars of construction equipment set on fire, hydraulic fluid leaked onto the ground due to vandalism, intimidation of labor on worksites, and individuals using force to break into facilities and unsafely turn off this critical infrastructure. Unfortunately, those causing this damage and disruption often either do not fully understand the harm they cause or simply don't care. Workers - usually skilled, union tradesmen and tradeswomen - are increasingly feeling unsafe and are seeing their equipment and even their own personal property being damaged. Attempts to improperly turn off or sabotage critical infrastructure is also putting our communities and environment at risk, and, in some cases, putting the lives of those doing the vandalism in jeopardy. To address these serious and growing concerns, the Worker Safety and Energy Security Act adds petroleum, renewable fuel, chemical and water infrastructure to the existing criminal statute protecting our critical infrastructure from trespassing and damage, giving these types of critical infrastructure the same protections as electric and natural gas infrastructure. Nothing in this legislation impacts first amendment rights to organize, protest or picket, and to make that clear language has been included to ensure this legislation does not violate those rights.  Testimony against
ACLU of Wisconsin – We understand that there is a difference between exercising one’s First Amendment right to assemble and breaking the law. Legislators must recognize, however, that the Constitution firmly protects protests even when – and especially when – they stir anger, question preconceptions, challenge government policy, and induce dissatisfaction with the status quo. The First Amendment safeguards protesters’ rights to awaken passions, to make the public aware of their positions and opinions. America’s robust tradition of free speech allows us all to effect change by making our voices heard. This is crucial to ensuring that the government remains responsive to the will of the people; it is what sets our country apart and is the reason it must be carefully and consistently protected.... This expanded definition sends a message to protesters, who are often members of Native tribes and the organizations that support them, that the government is watching them and wants them to stop vigorously protesting the impending damage to their lands, homes, and livelihoods. The bill also will create additional uncertainty regarding which “energy providers” are covered by the prohibition. The existing law has significant problems that would be greatly exacerbated by expanding the entities covered. What does it mean to intend to substantially interrupt or impair any service? If a person is part of a human chain blocking the access road for a delivery truck as an act of civil disobedience, could they become a felon? National Lawyers' Guild-Madison Chapter - The justification for this legislation, “worker safety” is a smokescreen for companies like Enbridge and Husky Oil, which have already polluted Wisconsin lands and waters and brought death and injury to workers and residents near their facilities across the U.S. Enbridge is responsible for at least two fatalities from exploding gas pipelines in the U.S. and Husky Oil’s refinery explosion in Superior in April 2016 injured workers and caused a mass evacuation in the city. Wisconsin legislators have stripped workers of collective bargaining rights, unemployment compensation and other protections over the last eight years, so expressions of concern for their wellbeing ring a bit hollow..... Leased property, which is included in the bill, usually refers to privately owned property that the pipeline company arranged to lease voluntarily or obtained through eminent domain, which was historically only used by public agencies. Leased property is often not marked consistently and oil and gas pipelines are buried underground, so a person might not know where it is. Lessees may not have the legal authority to prohibit others from entering property that is not exclusively used by them, in fact the expired easement Enbridge had in the national forest expressly allowed people to travel through the easement for hunting, gathering and recreation. The “critical infrastructure” bills that have proliferated in states since 2016 threaten civil liberties and public oversight of pipeline operations, which frequently violate the law and employ militarized police to intimidate activists. Glory Adams: This is a bill that was written by ALEC and forwarded by corporate entities (eg. Enbridge). It is designed to give energy corporations (including pipelines) extraordinary protections at the expense of citizens. It allows an energy company to call law enforcement and demand arrests and charges against a citizen. There have been almost no incidents of vandalism perpetuated by protestors in the state of Wisconsin. However, Enbridge has operated without permits which did result in two protestors being charged. No employees were injured by protestors. Enbridge is currently being sued by the Bad River Reservation for operating illegally on the reservation since 2013. It is clearly not citizens that need extraordinary charges brought against them, but the corporation committing illegal acts. The real problem between protestors and energy servers is the lack of empowerment given to citizens. There is virtually nothing a citizen can do to stop the use of eminent domain, destruction of the environment, and loss of property values. Trying to do so means hiring high priced lawyers for multiple court appearances and endless paperwork. Corporations like Enbridge are quick to say they provide energy for Wisconsin. They do not. Their pipelines simply run through the state. This bill is over-kill. There is no justifiable reason to have it in the state of Wisconsin. There are already laws regarding trespassing and vandalism. This bill also has taxpayers paying for the protection of an energy server. That is a misuse of taxpayer money. Justin Novotney: We will never forgive you. Registering for the bill: The American Chemistry Council, American Petroleum Institute, BNSF Railway, Construction Business Group, Cooperative Network, EDP Renewables, International Union of Operating Engineers Local #139, Mechanical Contractors Association of Wisconsin, Metropolitan Milwaukee Association of Commerce, North Central States Regional Council of Carpenters, Plumbing and Mechanical Contractors Association of Milwaukee and Southeastern Wisconsin, Sheet Metal and Air Conditioning Contractors' Association of Milwaukee, Waukesha County Business Alliance, Wisconsin Central Ltd., Wisconsin Farm Bureau Federation, Wisconsin Independent Businesses, Wisconsin Industrial Energy Group, Wisconsin Laborers District Council, Wisconsin Manufacturers & Commerce, Wisconsin Paper Council, Wisconsin Pipe Trades Association, Wisconsin Railroad Association, Wisconsin State AFL-CIO, Wisconsin Transportation Builders Association, Wisconsin Utilities Association. Registering against the bill: ACLU of Wisconsin, Ho-Chunk Nation, League of Women Voters of Wisconsin Inc., Midwest Environmental Advocates, Sierra Club – John Muir Chapter, Wisconsin Democracy Campaign. The main authors of the bill were Steffen and State Rep. Jason Fields (D-Milwaukee). The lead cosponsors were Wanggaard and Sen. Janet Bewley (D-Mason). Vote: Reps. Jonathan Brostroff (D-Milwaukee), Nick Milroy (D-South Range), Tod Ohnstad (D-Kenosha), and Chris Taylor (D-Madison) voted against the bill, as did Senators Dave Hansen (D-Green Bay) Chris Larson (D-Milwaukee), Mark Miller (D-Monona_ and Fred Risser (D-Madison).  Updated 5/5/2020 By Gretchen Schuldt The regular inmate population at the Milwaukee Secure Detention Facility rose 7% in two weeks, reversing several weeks of decline, according to the most recent prison population figures from the State Department of Corrections. MSDF has the largest number of staff – six – testing positive for the corona -virus among state correctional institutions, according to DOC figures. No person incarcerated at MSDF has tested positive for coronavirus, according to DOC. Overall, the number of people incarcerated at MSDF for reasons other than probation or parole violations / holds rose from 417 on April 17 to 446 on Friday, May 1, according to the figures. A DOC spokeswoman, asked why the population increased, said that correctional facility populations tend to fluctuate.  Despite the increase over the last two weeks, the number of people in MSDF incarcerated for other than probation and parole issues has declined significantly since the onset of the Covid-19 crisis in March. There were 577 people held on Feb. 28, so the 446 held Friday represents a decline of 131 people, or 23%. The number of people on probation or parole who were incarcerated at MSDF also rose last week, from 214 to 218, an increase of 2%. Overall, since Feb. 28, the number of people housed at MSDF for probation- and parole-related reasons dropped from 371 to 218, a 41% decline. The decline in the number of filled prison beds continues to be very slow. Since Gov. Evers declared a public health emergency on March 12, the prison population has declined by an average of 139 people per week. Much of that decline can be attributed to DOC's decision to stop accepting new inmates from counties.   |
Donate
Help WJI advocate for justice in Wisconsin
|
RSS Feed
Copyright © 2019 Wisconsin Justice Initiative Inc.
The Wisconsin Justice Initiative Inc. does not endorse candidates for political office. The Wisconsin Justice Initiative Inc. is a 501(c)3 organization.
The Wisconsin Justice Initiative Inc. does not endorse candidates for political office. The Wisconsin Justice Initiative Inc. is a 501(c)3 organization.