 The Wisconsin State Capitol. Photograph by Margo Kirchner. By Alexandria Staubach
A bill that could ensure continuity of care for those returning to the community from incarceration is moving at breakneck speed though the Legislature, as lawmakers scramble to catch up with other states having similar legislation already in place. The bill, AB604/SB598 was introduced in the Assembly Oct. 29 and in the Senate the following day. In just two weeks it passed through a committee in the Senate and had a public hearing in the Assembly’s Committee on Mental Health and Substance Abuse Prevention. Contrary to the speed with which the legislation is moving, the bill won’t benefit incarcerated Wisconsinites quite as quickly. The bill would require the Wisconsin Department of Health Services to submit by Jan. 1, 2027 a request to the federal Department of Health and Human services for waiver of federal Medicaid law to allow coverage for certain care prior to an individual’s release from prison. An imprisoned individual could then receive case management services and medication-assisted treatment for substance-use disorders during the 90 days before release, plus a 30-day supply of prescription medications for use after release. Under current law, individuals can apply for Medicaid coverage while incarcerated, but they are not actually enrolled until their release date. The proposed changes would not change who is eligible; they instead would move up the coverage date for certain care to shortly before release. “In rural areas, it can take weeks to see a primary care provider for medications and months to get behavioral services,” wrote the Wisconsin Counties Association in support of the bill. “When individuals are released without any support, outcomes are often poor,” the organization said. With a waiver in place, the state would receive reimbursement under the Medicaid program during the 90-day prerelease window. Without the waiver, the cost for any such medical services before release falls entirely on state and local governments. Written testimony from DHS suggests that a successful application for the federal funds would provide a “smoother care transition for incarcerated individuals,” and that prerelease coverage could reduce other Medicaid care costs, such as for inpatient stays. The Medical College of Wisconsin called the bill “a critical step toward improving health outcomes for a vulnerable population and reducing the burden on state and local governments.” “Nearly two-thirds of sentenced people in jails and 58 percent of those in state prison meet the clinical criteria for a substance abuse disorder, compared to just five percent of the general population,” wrote sponsor Rep. Clint P. Moses (R-Menomonie) in favor of the bill. He noted that “people leaving correctional facilities face up to a 40 times higher risk of overdose death within the first two weeks after release.” Gaps in care after release “contribute to recidivism, overdoses, and higher costs to taxpayers,” he said. “The savings generated through this federal match could be reinvested to expand treatment services and further reduce the financial burden on Wisconsin taxpayers,” Moses said. Nineteen other states have already enrolled in this federal matching program, which was introduced in 2023. States have to pass legislation permitting the waiver application.
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By Alexandria Staubach Menus recently obtained by Wisconsin Justice Initiative for Green Bay Correctional Institution show a diet dominated by ultra-processed foods high in carbohydrates, fat, and sugar, raising concerns about chronic illnesses and the health of those held in Wisconsin’s prisons. WJI enlisted University of Wisconsin–Milwaukee Professor Renee Scampini, director of the school’s undergraduate public health program, to evaluate menus WJI obtained through an open records request. The Department of Corrections provided menus from GBCI for a sample week in January 2025. The menus included a general menu plus some specialty menus for those needing halal, kosher, soft food, or other diets. Scampini looked most closely at the general menu.  Scampini. Photograph from the UW–Milwaukee website. “This overall diet makes for high total fat content, added sugar content and other cardiac/cancer concerns,” Scampini opined. Taken at face value, the menus indicate incarcerated individuals are provided with an average of 2,689 calories a day if they eat everything provided. That amount is consistent with recommendations from “The Merck Manual” for sedentary adult males, ages 19 to 60. “This menu looks like it was specifically written to meet an institutional standard of the U.S. dietary requirements,” Scampini told WJI. The calories based on serving size provided in the DOC menus are “probably close to correct,” she said. But she added that how “that actually meshes with what's eaten/tolerated is questionable." As an example, Scampini pointed out that satisfaction of protein goals was primarily met though milk—a questionable practice as many U.S. adults are lactose intolerant. Scampini said this intolerance is even more prevalent in minority groups, particularly Asian American, African American, and Native American populations. “This is the same practice that most U.S. schools use because they contract out dietary services,” said Scampini. The practice yields a “massive industry of processed prepared (e.g., heat-and-eat) foods that ‘match’ U.S. dietary guidelines,” she said. “Whole grains, fruit, and vegetable goals are woefully low, which also makes fiber low,” Scampini told WJI. She also said that other nutrient needs, such as vitamins and minerals, were likely being met through fortified and enriched processed foods like cereals and muffins. Scampini’s concerns are consistent with insights from inside GBCI. An anonymous resident there told WJI that breakfast was “strictly dry cereal and bread that at times is old.” The same source told WJI that for a while the lunches and dinners during the weekend were a “bag meal which consisted of basically nothing but junk food and/or old (Un)Crustable peanut butter and jelly sandwiches.” Scampini hypothesized, based on her time spent in industrial kitchens, that animal-based products in the DOC diet may also be ultra-processed. “For example, chicken is often a reconstituted meat of chicken plus fillers/stabilizers for moisture/easy preparation,” she said. Scampini conservatively estimated that 75% to 83% of calories provided by DOC come from ultra-processed foods. That number that could be higher, as she assumed for her calculations that all fruits and vegetables listed on the menu were fresh, which she told WJI was “highly unlikely.” According to Scampini, the long-term concerns associated with eating an ultra-processed diet stem from its effects on the metabolism. In one multinational study, higher ultra-processed food consumption was associated with an increased risk of cancer and cardiometabolic diseases.  A table showing Scampini's calculations of total unprocessed and total ultra-processed calories for each day of the sample GBCI menu. The menu’s calorie count presumes that a prison resident eats or drinks everything, including all of the ketchup, mustard, mayonnaise, sugar packets, and milk provided. For those who are lactose intolerant, do not eat every condiment, or are tired of Uncrustable sandwiches and chips, the calorie intake will be less. There “hasn’t been a meal I’ve had in a while that was fulfilling or even warm to enjoy, which causes me not to even want to eat it, but since I’m not that fortunate to have canteen, I partake in what I can to survive,” the GBCI resident said. Even if an individual has funds to buy items at the canteen, several food items there are also ultra-processed.  The menu at Green Bay Correctional Institution from Jan. 5-11, 2025, provided by the Wisconsin Department of Corrections in response to Wisconsin Justice Initiative's open records request. Nicole D. Porter, senior director of advocacy with The Sentencing Project in Washington, D.C., presented "Decarceration 2.0: Charting New Strategies on Prison Population Reductions and Closures" to close to 100 attendees at Wisconsin Justice Initiative's fundraiser event on May 14. Porter discussed other states' recent efforts to reduce their prison populations, the current political climate impacting incarceration rates, and what can be done here in Wisconsin to return incarcerated people to their communities and reverse the past five decades of mass incarceration. Attendees enjoyed a cocktail hour with appetizers and engaging conversation, followed by Nicole's thought-provoking presentation and an informative question-and-answer session. The event was held in the Palm Garden at historic Turner Hall in Milwaukee, Wisconsin. If you missed the event or want to watch Nicole's presentation again, click on the YouTube video link below. We admit we're not professional videographers, but the content is excellent! To better see the PowerPoint slides from the event, click here. 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Prolific overcrowding at Wisconsin’s adult institutions is nothing new, but the problem is close to setting records. The state’s Legislative Fiscal Bureau estimated in June 2023 that Wisconsin’s prison population would reach its highest peak ever, at 24,800 individuals, in July 2025. While the system is not there quite yet, it is getting close. According to the Department of Corrections’ May 2 population report, a total of 23,266 persons are held in custody, with nearly every adult institution operating above capacity. The highest prison population to date was in the year before the COVID-19 pandemic, when the number reached 24,116 individuals, according to the Legislative Fiscal Bureau. Recent prison population data show that the Department of Corrections' current stated capacity, including beds it contracts from other jurisdictions, is 17,642. Dodge Correctional Institution is operating at 153% capacity, with 623 more individuals than the facility was designed to house. At Green Bay Correctional Institution, the DOC houses 382 more people than the facility was designed to house. The minimum-security Oakhill Correctional Institution is operating at more than 200% capacity. Waupun Correctional Institution, which made national headlines last summer over dire conditions, is the only maximum-security prison currently under capacity. Overcrowding is not exclusive to men’s facilities. Taycheedah, the women’s prison, is operating at 150% of capacity, while the Robert E. Ellsworth Center, a minimum-security women’s facility, is operating at more than 214% capacity. During the pandemic, from 2021 to 2022, the average daily adult prison population dropped to 20,138. The fiscal bureau anticipated significant growth from that number as courts resolved the cases that were backlogged during the pandemic. According to the Prison Policy Initiative, Wisconsin’s prison population grew by 11% between 2021 and 2023, and growth has not meaningfully slowed since then. WJI calculates that from May 2023 to the present the growth rate remains at about 10%. From May 2016 to May 2018, the growth rate was only 4%. This evening WJI hosts Nicole Porter of The Sentencing Project for a talk about reducing Wisconsin’s prison population. Porter, senior director of advocacy with The Sentencing Project, will discuss current efforts to reduce the nation’s prison population, the history of decarceration, and the political climate impacting the nation’s incarceration rate. Door admissions available at Milwaukee’s Turner Hall at 5:00 p.m. See www.wjiinc.org/events for cost and details.
By Alexandria Staubach
The Wisconsin Legislature last week moved forward on increasingly punitive measures that increase the likelihood of incarceration, ignoring community calls for systems and programs that decrease recidivism and address root causes of crime. Senate Bill 93/Assembly Bill 85 predominated at the Senate Committee on Judiciary and Public Safety’s 4½-hour public hearing on April 1. The committee has not yet voted on the bill. If it passes out of committee, it would then go to the full Senate, possibly in the next floor session period, which runs April 15-25. The bill has already passed in the Assembly If enacted, the bill would require the Wisconsin Department of Corrections to recommend revocation of probation or parole when an individual is charged with (not convicted of) a new crime. Law enforcement groups unanimously supported the bill at the hearing, while groups with ties to reentry services and justice reform unanimously opposed it. Committee member Sen. Dora Drake (D-Milwaukee) expressed concern over the potential costs of the legislation after one of the bill’s lead sponsors, Rep. Brent Jacobson (R-Mosinee), highlighted a fiscal planning estimate by the Wisconsin Department of Administration that as many as 47% of individuals currently on supervision could be subject to revocation if the law is enacted. The fiscal estimate anticipates that the legislation could eventually increase the prison population by 4,600 people, requiring $245.7 million in additional spending by the DOC. “It's an admission in itself that we have an issue,” said Jacobson. He said that while “impossible” to quantify, recidivism also has comparable community costs. While the DOC did not provide oral testimony at the hearing, it opposes the legislation, which it views as removing its discretion. Cost wasn’t the only hot topic. Deep frustration with repeat offenders squared off with the real-life ramifications for everyone on supervision. “It takes an act of Congress to get somebody revoked in our state,” said Dodge County Sheriff Dale Schmidt. He has heard from those on supervision that “probation and parole is a joke because I can do whatever I want on it,” he said. On the opposing side, Marianne Olson, operations director of Ex-incarcerated Persons Organizing, said, “I live in a world where not everyone gets along, and even being in the wrong place at the wrong time can lead to charges.” Olson is currently serving more than 20 years of supervision after being sentences for nonviolent offenses. She said that “revocation should never be based on mere allegations,” and that studies show “supportive interventions, not harsh penalties, promote lasting public safety.” When a person is revoked from community supervision, they serve the remainder of their sentence incarcerated – even if probation was ordered in the first instance. Speakers also shared concerns about revoking individuals without due process. Hearings on revocations are presided over by an administrative law judge, and due process protections are relaxed. “There is a concern for me” said Drake. “If someone is innocent until proven guilty, they should be treated as such.” “Senate Bill 93 does not just abandon the values of rehabilitation and reintegration,” but “it erodes due process,” said Sean Wilson, senior director of organizing and partnerships at Dream.org. “We cannot continue to double down on harmful polies that have pushed our correction system to a breaking point,” said Amanda Merkwae, ACLU of Wisconsin’s advocacy director. She shared statistics indicating that Wisconsin exceeds the national average regarding incarceration rates and revocations are a driving force behind that incarceration. Merkwae said revocations for rule violations and new charges “accounted for 60% of the total 8,155 new prison admissions in 2024” and that the overwhelming majority of cases recommended for revocation hearings result in incarceration. Shannon Ross, whose recent work includes helping usher in a bill creating what he calls a “one stop for reentry services,” shared his personal anxiety on supervision. Ross, successful founder of the reentry focused nonprofit The Community, which employs seven people, said he has 11½ years of supervision left on his own sentence. “At any given moment an allegation can send me back to prison,” and “it doesn’t matter the things I’ve done.” “People who have been out for so long in Wisconsin, the way we’ve structured our system, don’t have the same ability to stay in society and avoid going back in,” Ross said. “This is like writing business law without talking to business owners,” said Ross. His testimony was followed by others with real-life supervision stories. Ben Austen, author of Correction: Parole, Prison and the Possibility of Change, came up from Chicago to talk about not just the problems of America's criminal justice system but why and how we change it. He discussed his research regarding parole hearings, the continued reliance on the facts of past crimes rather than changes in the people who committed them, the difference one or two people in positions of power can make, the different trajectories of corrections systems between America and Scandinavian countries and the absence of a social safety net in America, and some changes to be made from viewing prison facilities as warehouses to places of rehabilitation. Attendees experienced a lively cocktail hour, conversation, Ben's thoughtful and thought-provoking presentation, and the thoughts of others in response to Ben's talk. If you missed the event, or just want to watch Ben's presentation again, here it is! 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By Gretchen Schuldt The number of paroles granted last year was down 82% from a peak just three years earlier, Department of Corrections figures show. The number plummeted from 201 in 2020 to just 37 in 2023.  Source: Wisconsin Department of Corrections What happened?
“We’re trying to figure that out, too,” said Mark Rice, Transformation Justice Campaign coordinator at WISDOM. The nonprofit has long been active in criminal justice reform efforts. DOC did not respond to a request for reasons behind the decline. Inmates eligible for parole are those who were convicted of crimes that occurred before the state's 1999 truth-in sentencing laws took effect. Those laws eliminated parole. The drop seems part of reduced efforts to lower prison populations, Rice said. Gov. Evers and DOC Secretary Kevin Carr took steps to cut populations during the Covid pandemic but now “it’s back to business as usual,” Rice said. The number of parole-eligible inmates declines each year as more die or serve out their sentences, but the drop in grants also appears linked to Evers' 2019 hiring and then de facto dismissal in mid-2022 of Parole Commissioner Chair John Tate II. The rise and fall in grant numbers neatly matches the dates of Tate’s employment. The Republicans ran ads attacking Tate's use of parole to release incarcerated individuals, Rice said. “Some of it was total lies” and there were “a lot of attempts to dehumanize people,” he said. Tate’s Parole Commission, which granted parole to some serious offenders, brought Evers under heavy political pressure as he sought reelection in 2022. First Evers intervened in May 2022 to successfully request Tate to rescind a decision to parole convicted murderer Douglas Balsewicz, who stabbed his wife to death in front of their children. Less than a month later, in June, Tate was gone after Evers asked him to resign. He was replaced by former State Sen. Jon Erpenbach, who assumed office in January 2023. Parole grant numbers followed the events: there were 43 grants in the first quarter of 2022, before the Balsewicz controversy blew up; then 31 in the second quarter, as the drama unfolded and Evers requested Tate's resignation. The number of grants dropped after Tate left to 19 in the third quarter and 18 in the fourth, according to DOC figures. Meanwhile, those who were paroled during Tate's tenure generally are doing well and making positive contributions in their communities, Rice said. "No human being is irredeemable," he said. Evers ran on pledges to reduce the prison population, but he and Carr have not done what is within their power, including commuting sentences and granting more compassionate releases to seriously ill inmates, he said. In Wisconsin prisons, Rice said, "The problem isn't understaffing. It's overpopulation."  By Alexandria Staubach
Legislation in reaction to disposal of a Bible could expand the amount of property incarcerated people may keep, but an administrative rule change might be better. Senate Bill 21 would increase the maximum permissible value of an incarcerated person’s general property from $75 to $150. The bill does not increase the permissible value of electronics, which is set at $350. The bill’s backstory features a Wisconsin prison’s disposal of a Bible mailed to a person in custody. The Good Book’s value exceeded the $75 limit on personal goods incarcerated people are allowed to keep, so prison officials refused to let the intended recipient have it. SB 21 passed the Senate in March 2023. It then passed the Assembly on Jan. 16 during an open session. The bill now heads to Gov. Tony Evers for signature. Since introduction of the bill last winter, the Wisconsin Department of Corrections issued an emergency rule raising the value of personal property to $150 and the value of electronics to $500. A permanent rule waits for approval in the Joint Committee for the Review of Administrative Rules, said Rep. Ryan Clancy (D-Milwaukee) at the Assembly’s Jan. 16 floor session. Clancy highlighted that the maximum property value the bill is meant to address would be fixed by the pending permanent rule, which he described as “objectively better.” Unlike the administrative rule change, the bill does not raise the value for electronics and will therefore decrease the values set by DOC’s emergency rule. “If you intend to vote yes on this with the intent to make conditions better in our jails and prisons, thank you for that intent, that is not what this would do,” said Clancy. In a letter to the Assembly Committee on Corrections, the DOC said it preferred to make changes through the administrative code “rather than statute to allow greater flexibility for any future changes that may be needed.” Rep. Paul Tittl (R- Manitowoc), the bill’s primary sponsor, reiterated at the open session that the dollar limit is currently codified by statute and had not changed since 1994. He opined that a change in statute is the better solution. In reference to a package of 17 bills proposed to provide significant harm reduction for those in prison, Clancy said it was “frustrating” that SB 21/AB 16 was the only one to make it through the legislative process. By Gretchen Schuldt A bill adopted by the state Senate and pending in the Assembly contains some vague language about reporting election irregularities that some organizations are concerned about. Another bill would allow people in prison or jail to choose up to three people to be notified in case of lockdowns or other disciplinary measures that would affect a particular inmate's ability to visit or communicate. More information about each below. A chart showing the sponsors of each bill is at the bottom of this post. Senate Bill 291/Assembly Bill 300 – Increasing penalties for battery to an election worker; whistleblower protections Concerns about the vagueness of whistleblower protection language in this bill, which also would increase penalties for battery to election officials, have prompted some organizations to express concerns about the measure and call for clearer language. Other organizations, however, backed the measure, which was adopted by the Senate without a roll call. It is pending in the Assembly. That battery section of the legislation would increase the penalty for simple battery to an election worker from a misdemeanor to a felony and would increase the maximum penalty from nine months behind bars and a $10,000 fine to 3½ years of incarceration and a $10,000 fine. “Since 2020, we have witnessed shocking instances of violent behaviors and intimidation directed towards election officials in Milwaukee County, in Wisconsin, and throughout the nation,” Milwaukee County Clerk George Christenson said in testimony submitted to the Assembly Campaigns and Elections Committee. “These threats show up by way of emails, voicemails, and personal verbal and physical threats against the dedicated public servants who stand at the front door of our democracy.” The bill, he said, “demonstrates the serious nature of these unacceptable behaviors and makes it clear that such attacks on election officials in Wisconsin will not be tolerated.” Brown County Clerk Patrick Moynihan Jr. also wrote in support of the bill, including the whistleblower language. “The recognition and importance of protecting and strengthening our election official’s person and self-confidence is paramount,” he said. “So too, the Whistleblower provisions as detailed within the bill provide reasonable assurances against any potential unlawful retribution.” That language says that no election worker may be disciplined or retaliated against because the worker “lawfully reported, or is believed to have reported, witnessing what the clerk or election official reasonably believed to be election fraud or irregularities.” Rock County Clerk Lisa Tollefson was generally supportive of the bill, but added in written testimony, “The only piece of the bill that concerns me is in the Whistleblower section. Each time I read the bill I have a different take on it. Some clarification in this section of the bill may be needed." She asked, "Can the reporting of an election irregularity act as a shield to protect an election official from something else that would cause them to be disciplined or release(d)…from employment?" and "What is lawfully reported?" The ACLU of Wisconsin, in registering against the bill, said the organization has concerns with the bill, “as the process for ‘lawfully reporting’ is not outlined, and the terms ‘reasonable belief’ and ‘irregularities’ are not defined.” All Voting is Local Action, also registered against the bill, said “Spoke with Governor's Office, RE: Concerns with the Whistle Blower section, no structure for reporting.” And Edgar Lin, Protect Democracy’s Wisconsin policy advocate and counsel (and also a WJI Board member), identified three specific areas that need strengthening. First, he said in testimony, there should be a process for “lawfully reporting.” To whom does a bad act get reported and who reviews the allegation? What happens if a false “bad act” is reported? When must these acts be reported? “Without a clear process, a whistleblower event – regardless of merit – could descend into chaotic litigation, which could further undermine the confidence in our election system,” he said. Second, he said, “an election worker’s 'reasonable belief' about fraud or irregularities should be defined. Is it a reasonable election worker standard? A reasonable person standard? Or simply that election worker’s own subjective belief?” Finally, he said, “ ‘irregularities’ should be defined. The current language states that a person could lawfully report “election fraud” or “irregularities.’ ” While election fraud is defined in state law, “ ‘Irregularities’ is not defined,” he said. “Instead of ‘irregularities’ – a vague and broad term that could be widely interpreted depending on perspective – the bad act should be grounded by existing laws, rules, regulation, and/or guidance,” he wrote. The Wisconsin Counties Association, the League of Wisconsin Municipalities, and the League of Women Voters of Wisconsin, Inc. registered in support of the bill. Those organizations did not indicate why they supported the bill. Senate Bill 904 – Public information on lockdowns The public would have access to information about prison and jail lockdowns in facilities around the state, under a Democratic bill introduced in the state Legislature this week. The bill would require the Department of Corrections (DOC) to publish on its website certain information about each prison and county jail in the state. That information would include whether there is any restriction in place impacting the ability of an inmate or a group of inmates to participate in visitation or communication and, if there is such a restriction, a statement giving the reason for it, how long the restriction has been in place, the number of inmates in solitary confinement, and the total number of inmates held in the facility. The bill also would require DOC and sheriffs to establish a notification system to inform certain individuals within 24 hours of an inmate's being put under any type of restriction limiting availability for visitation periods or other communication. Each inmate would be allowed to select up to three people to receive the information.  By Alexandria Staubach Last week a bipartisan group of more than 30 lawmakers introduced a bill to end sentences of life without the possibility of parole for juveniles. The bill, Senate Bill 801, also creates new mitigating factors for a sentencing court to consider, recognizing that juveniles change and mature mentally and emotionally over time. The bill would apply retroactively to anyone currently serving a juvenile life-without-parole (JLWOP) sentence. If enacted, SB 801 would bring Wisconsin in line with 28 states already banning JLWOP sentences, including three of Wisconsin’s closest neighbors: Minnesota, Iowa, and Illinois. The bill has been referred to the Senate Committee on Judiciary and Public Safety. Ruling in Graham v. Florida, the U.S. Supreme Court held it unconstitutional for a court to impose JLWOP on non-homicide juvenile offenders; the court found that such a sentence violates the Eighth Amendment’s prohibition on cruel and unusual punishment. In Miller v. Alabama, the U.S. Supreme Court banned mandatory life sentences for juveniles no matter the severity of the crime. SB 801 states that its purpose is to clarify that “the statutory mandatory sentence of life imprisonment without the possibility of parole or extended supervision for repeat offenders does not apply to youthful offenders,” consistent with Miller. JLWOP sentences are unique to the United States; we are the only country in the world with such a practice. According to the Campaign for the Fair Sentencing of Youth, the practice is permitted in 22 states, including Wisconsin and Michigan. In five states the practice remains on the books without active sentences. Michigan has the highest JLWOP population in the nation and recently made national headlines for sentencing 17-year-old Ethan Crumbly, who committed Michigan’s deadliest school shooting at age 15, to life without the possibility of parole. However, Wisconsin outpaces Michigan regarding overall number of youth incarcerated on life sentences with or without parole (141 compared to 65) and sentences over 40 years (73 compared to 15) as well as the total number of children in adult prisons (1,709 compared to 554), according to a 2021 report produced by the nonprofit Human Rights for Kids. The following table shows the bill's sponsors.  |
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