The most meaningful corrections reform since the current majority party took over Wisconsin government in 2011 is 2017’s bipartisan passage of Act 185, which will close the Lincoln Hills youth prison. While this is a success for juvenile corrections, it also only came after years of mismanagement, neglect and massive political and legal pressures. Wisconsin must now set a similar course to solve the overuse of incarceration within the adult criminal justice and corrections systems, and we don’t have years to wait.
Today, Wisconsin’s prisons are more than 140% full. That means, cells meant for one person have two and sometimes more stuffed into them. The overcrowding of Wisconsin’s prisons has spilled over into the state’s county jails as well. As of Friday, April 6, 2018, there were 484 people serving state sentences in county jails. This is a problem for many reasons.
First is the human cost. County jails are designed for short-term incarceration. Staying connected with family is more difficult, programming is rarely available, and access to recreation is limited. More important, inmates with different risks and needs are more likely to co-mingle, which can reduce staff and inmate safety. Second is the actual cost. At $51.50 per person, per day, Wisconsin is spending roughly $25,000 a day on prison overcrowding. That’s about $9 million a year. This is direct cash reimbursement to counties for use of their jail space.
Finally, the jail option is nearly at capacity as well. According to the Department of Corrections, there are 500 jail beds available throughout the state. With 484 of 500 filled (about 97%), this option is nearly exhausted. The remaining options are to build more capacity, send people to prisons out of state or to reform the system. The final option—true adult corrections reform—is the best, cheapest and most humane, and it will have the greatest positive impact on public safety.
The Best Option: Criminal Justice Reform
Criminal justice reform in Wisconsin could take many forms, but most agree on core areas. The first two areas of reform will reduce the prison population and save money. The savings should be reinvested in the third policy outlined below: A proven strategy that will reduce crime in our neighborhoods, promoting a positive cycle of less crime and less incarceration.
First, the community supervision system, including the process of revocation, needs an overhaul. Staff members carry too large a caseload and are provided few quality community-based options. A network of meaningful, quality alternatives to revocation is needed. Those who violate the terms of their supervision must be held accountable, but “rules-only” or “technical” violations of supervision should not result in automatic re-incarceration. A better process and more accountable decision making are needed when revocation is ordered, including weighing the costs of re-incarceration versus costs of alternatives to doing so.
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Second, the so-called “old law” inmates who are eligible for parole should receive a realistic opportunity to determine if they can be released. These inmates have been incarcerated since before 1999. Wisconsin’s parole commission has established conditions that are nearly impossible to meet. For example, an inmate may be required to have work experience outside a prison, yet the waitlist for such a limited experience can be years long. A thorough and new review of parole-eligible inmates is needed.
Third, reinvest the savings from the policies above in community- and neighborhood-based non-profit organizations that we know will help us achieve better community reintegration of inmates and greater public safety.
In his work, Uneasy Peace, professor and author Patrick Sharkey details individuals he met in Milwaukee, whom he labels “Community Guardians.” These individuals and their programs disrupt the unacceptable status quo at the neighborhood level. Groups like Safe and Sound, the Dominican Center for Women, and COA Youth and Family Centers have all been successful in Milwaukee; they and other groups like them should receive ongoing reinvestment from criminal justice reform.
Get with the Program, Wisconsin!
What’s most frustrating about these steps is that other states are miles ahead of us. Nationally, liberal and conservative groups have joined together to advocate for similar policies. We should take notice whenever the Koch Brothers and the ACLU manage to agree on something; criminal justice reform is one such area.
To date, with the exception of closing Lincoln Hills, Wisconsin has ignored the lessons of reform from all around the country.
I hope I’ll never say this again in my career, but let’s follow the examples set by Michigan, Texas and even Mississippi. Let’s learn from the successful reforms of their criminal justice systems. Let’s save money and reinvest it in our neighborhoods—the places where we have the greatest chance of success at reducing crime.
