As Governor Tony Evers approaches the end of his term, criminal justice reform advocates are calling on him to utilize a rarely exercised gubernatorial power in Wisconsin – the commutation of sentences. A commutation can significantly reduce the imprisonment period for individuals convicted of crimes, yet this power has not been utilized by a Wisconsin governor since Republican Tommy Thompson issued seven commutations before he left office in 2001.
According to the Wisconsin Constitution, governors have the authority to shorten prison sentences or lessen time under parole or extended supervision through commutations. Despite this, a succession of governors, including Democrat Jim Doyle, Republican Scott Walker, and currently Evers, have refrained from using this authority.
Evers’ Decision on Reelection and the Push for Commutations
With Gov. Evers confirming he will not seek reelection, the momentum for commutations is gaining traction. Advocates see this as an opportunity for Evers to cement a legacy of racial and economic justice. Mark Rice, working with the reform group WISDOM, highlights the need to address the disproportionate and lengthy sentences faced by minority groups in Wisconsin.
“It’s really a time for him to leave a legacy, and he could leave a legacy of advancing racial and economic justice in this state,” Rice stated. The governor’s office has yet to comment on the issue.
The Limitations of Pardons
While Evers has issued over 1,600 pardons since 2019, these do not reduce prison sentences and therefore do not impact the state’s prison population, which remains a critical issue. Pardons restore certain rights but do not address the overcrowding crisis in Wisconsin prisons, which currently house 23,339 inmates, exceeding capacity by over 5,600.
Despite Evers’ initial campaign promise to potentially halve the prison population, the numbers have not decreased significantly. David Murrell, a community organizer with WISDOM, believes commuting sentences is an avenue for Evers to fulfill his campaign pledge.
Targeting Commutations for Specific Groups
Advocacy groups like WISDOM are prioritizing commutations for individuals in community custody, those who committed crimes as minors, and those who are elderly or ill. These groups are perceived as less likely to reoffend, according to Amanda Merkwae of the ACLU of Wisconsin.
The financial and human costs of maintaining over 23,000 inmates alongside more than 60,000 individuals under supervision highlight the urgency of exploring commutations, despite potential risks of recidivism.
Alternative Sentence Reductions
Options for reducing sentences beyond commutations are limited. Parole is available for those convicted before 2000, while truth-in-sentencing laws apply to more recent cases. Compassionate release is another option, though rarely granted and often costly to pursue.
Marianne Oleson, a former inmate, underscores the bureaucratic hurdles involved in seeking commutations. Despite reaching out to Evers’ office, she only received information on pardons, which she cannot apply for until 2043, five years after her extended supervision concludes.
