Time to Move Forward on Justice Reform

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It’s hard to know whether to cheer the creation of the new justice reform task force or feel sorry for its members. Where do they even start?

The criminal justice system was beaten and abused by Gov. Scott Walker and Attorney General Brad Schimel, who used it mainly to cater to far-right funders and tough-on-crime reprobates like former Milwaukee County Sheriff David Clarke. Lady Justice is on the ground and weeping. Her scales are nowhere near balanced.

Maybe the new task force, appointed by Gov.-elect Tony Evers and Lt. Gov.-elect Mandela Barnes can give the Lady a hanky, help to her feet and give the rest of us a reason to believe that justice actually resides in the Wisconsin criminal justice system.

Here are just some of the things the task force—burdened with the official name of “Public Safety and Criminal Justice Reform Police Advisory Council” should recommend doing:

1. Legalize medical and recreational marijuana. Referendums around the state showed that voters endorse legalization, though to different levels. Enforcement and prosecution of pot laws are grossly racially biased, as evidence continues to show. It’s time for prosecutors—yes, that’s you, John Chisholm—to simply refuse to charge people arrested with small amounts of marijuana. And it’s time for the Legislature to legalize cannabis.
2. Increase the absurdly low $40-an-hour rate the State Public Defender’s Office pays private bar attorneys to represent indigent clients in criminal cases. That amount doesn’t even cover lawyers’ overhead costs.
3. Make the State Crime Lab independent and NOT a part of any law enforcement agency.
4. Decriminalize disorderly conduct. Make all disorderly conduct ordinance violations. Let’s use criminal courts for real crimes.
5. Eliminate the felony bail jumping charge. This is a charge issued for violations of bail conditions set in felony cases. Felony bail jumping charges, which carry a maximum penalty of six years in prison, can be issued for conduct that by itself is not even criminal. Lazy and understaffed prosecutors use it to force plea bargains in cases that might otherwise go to trial.
6. Reform the process for expunging criminal records. Wisconsin should allow an expungement request during or at the end of a sentence. Defendants are now required to ask for expungement eligibility at the time of sentencing. The state should also expand the types of offenses for which expungement is requested to include more criminal charges and municipal ordinance violations. Make expungement available to defendants of all ages, rather than limiting it to defendants under the age of 25.
7. Raise from 17 to 18 the age at which defendants are considered adults in criminal cases; raise from 10 to 18 the age at which defendants charged with some homicides are presumed to be adults.
8. Eliminate the ability of municipalities to incarcerate ordinance violators for non-payment of forfeitures. People who wind up behind bars for failure to pay frequently don’t have any money and can’t pay. (It also would be nice to see forfeiture amounts vary with a defendant’s ability to pay.) For scofflaws who can pay but simply don’t, there are other options, including debt collection and tax intercept.
9. Eliminate life-without-parole sentences for juveniles convicted of homicides—allow parole consideration (not necessarily release) after 15 years.
10. Significantly reduce maximum penalties for felonies. What a great way to reduce prison populations!
11. Eliminate probation/parole revocation for rules-only violations.
12. Reinstate a robust parole system under new leadership at the Parole Commission.
13. Expand compassionate release to allow more ailing and aged inmates who are not threats to society to leave prison.
14. Increase education and job training opportunities for inmates.
15. Increase prison wages for inmates.
16. Increase the wages of front-line corrections staff to ensure an adequate, professional workforce.
17. Expand re-entry programs for inmates to help ensure successful transitions to the community.
18. Ensure that state labor laws apply equally to law enforcement employees to eliminate any indication of a special status for officers. Enough of this “divide and conquer” strategy—it is time to come together.
19. Ensure that juveniles are represented by attorneys during police questioning.
20. Review court costs, fines, and fees at all levels to ensure they are not unduly burdensome and are appropriately levied.

Gretchen Schuldt is executive director of the Wisconsin Justice Initiative. WJI’s mission is to advocate for progressive change in the Wisconsin justice system by educating the public about its real-life impacts and partnering with other organizations to achieve more just outcomes.