Case Explained: After 25 years, Gov. Evers announces commutations will be available in Wisconsin • Wisconsin Examiner – Legal Perspective

Gov. Tony Evers announced Friday that he had signed two executive orders to begin offering commutations, a reduction of a criminal sentence by the governor’s authority to grant clemency.

Even though Evers has granted a record number of pardons, a form of forgiveness that reinstates some rights, during his tenure — over 2,000 — he has not granted any commutations. The last Wisconsin governor to offer a commutation was Republican Tommy Thompson,  who issued seven commutations in addition to 202 pardons. Thompson was governor from 1987 to 2001, 

“It’s time for Wisconsin to join red and blue states across our country and finally move our justice system into the 21st Century by reforming our criminal justice and corrections systems to improve public safety, reduce the likelihood that individuals will reoffend when they enter our communities, and save taxpayer dollars in the long run,” Evers said in a statement. “Issuing official grants of forgiveness through pardons has been one of the most rewarding parts of my job as governor, and I’m looking forward to restoring the commutations process in Wisconsin for the first time since Tommy Thompson was governor.”. 

Members of WISDOM, a non-profit faith-based organization that works to end mass incarceration, say Evers told them in 2023 that he would begin issuing commutations. Subsequently, the organization and other criminal justice advocates have been pressing Evers’ administration to offer commutations and to create a structure to process applications.

Prior to Evers’ announcement, there was no process in place for those in the criminal justice system, either in prison or community supervision (parole, probation or extended supervision), to apply for a commutation. There was only a process to apply for a pardon, but to be eligible for a pardon the applicant had to complete an entire sentence,  including incarceration and community supervision, and avoid any criminal charges for  five years. 

Evers ran for office in 2018 on a commitment to reduce the prison population in Wisconsin, but after a dip during COVID, the number of people in prison population has remained steady at over 23,000. Advocates have said commutations would enable Evers to address the high prison population by offering it to worthy residents, especially those who committed crimes as youth, have been incarcerated for  a considerable number of years, and are good candidates to return to society.

In his announcement, Evers called on lawmakers to take more steps to reduce the prison population.

“Wisconsin cannot wait for criminal justice reforms,” Evers said. “As our prison population continues to skyrocket, increasing costs to taxpayers on overtime and other resource needs, the Legislature must start working toward making long-term justice and corrections reforms a priority, including efforts to help stabilize our state’s prison population that our institutions already are struggling to accommodate. For years, I’ve asked the Legislature to work with me to invest in behavioral and mental health services, treatment and diversion, and reentry programming—these are evidence-based and data-driven policies we know will help keep our communities safer while continuing to ensure dangerous individuals remain in our institutions. My administration will continue doing what we can as long as I am governor, but we cannot do it alone—the Legislature must get serious about this issue.” 

The governor noted in his order, Executive Order 287, that commutation “promotes rehabilitation by providing a system that rewards the positive efforts of incarcerated individuals who demonstrate personal growth and a commitment to change with the possibility of a second chance to contribute to society, become productive members of their communities, make amends, and improve their lives and those of the people around them.”

Additionally, the order noted, “the granting of commutations can also encourage incarcerated individuals to be accountable, take responsibility, make amends, and seek forgiveness for their actions that have harmed other individuals and the community.” 

Advocates have said the possibility of a commutation is an incentive for those incarcerated to be model residents, to strive to improve themselves with job skills, and address behavioral issues to be better prepared for life outside of prison.   

Evers said there will be categories of individuals  ineligible for commutation, including those who have committed sexual assault, physical abuse of a child, sexual exploitation of a child, trafficking of a child, incest and soliciting a child for prostitution.

Executive Order 287 will create a Commutation Advisory Board comprised of 14 members, including the Governor’s chief legal counsel or a designee and others who “have experience or expertise in the fields of reentry services, victim rights, corrections, and related areas and who are otherwise able to provide a valuable perspective on reduction of criminal sentences.”

The governor’s second  executive order, 288, creates a juvenile life sentence commutation process for individuals who were “tried as adults and sentenced to life imprisonment for a crime committed in their youth.”

“A growing body of neuroscientific and psychological research has demonstrated that an individual’s brain, behavior, and personality undergo significant changes throughout their teen years and into their twenties,” said the governor. He noted in a press release the U.S. Supreme Court decision Miller v. Alabama, which found that a mandatory life sentence without parole for juveniles is unconstitutional, in part because they are not fully accountable for their actions due to brain development and maturity.

“Individuals who commit a crime in their youth therefore possess increased potential for rehabilitation, a diminished degree of culpability, and a lower chance of reoffending once they have reached maturity,” said Evers.

Since 2022, there has been legislation offering adjustments of life sentences for people who were sentenced as adults when they were under age 18, but that legislation has failed to gain traction. With SB 882, the most recent example, one  issue has been apparent confusion over the number of those eligible, with the number cited by Sen. Jesse James (R-Altoona), the legislation’s sponsor, reportedly differing from the number advocacy groups were reporting.

Advocacy groups welcome order

Beverly Walker, a WISDOM official who led the organization’s advocacy for commutation, and Sherry Reames, a WISDOM volunteer who also worked on commutations, said in statements that Evers’ order would address conditions created by Wisconsin’s sentencing policies, including prison overcrowding, that especially affect Black, brown, indigenous and poor communities.

“Today, Gov. Evers took action to advance justice in Wisconsin,” said Walker. “This marks a significant shift forward.”

“Gov. Evers’ decision to restore the commutations process will promote redemption and provide hope for people who have made great strides with their personal growth and development.” said Reames. “This is an important first step, but much work remains to be done.”

Reames said WISDOM would “closely monitor the implementation of the commutation process” and help ensure it is inclusive.

“If Governor Evers and future Wisconsin governors boldly move the commutations process forward in the coming months and years, this would begin to reverse the harm caused by decades of over-incarceration and provide hope and opportunities for many people,” she said.  

Marianne Olesson, co-executive director of EXPO of Wisconsin, one of the advocacy groups that has been pressing for commutations, called Evers’ orders Friday “an important and long-overdue step toward a more just, humane, and credible legal system.” 

“By signing Executive Orders 287 and 288, Governor Evers has reopened a pathway for review, redemption, and second chances for people currently serving sentences, including a process specifically recognizing the unique potential for growth and rehabilitation among youth sentenced to life in prison,” Olesson said. “The new process includes eligibility criteria, review by a Commutation Advisory Board, consideration of institutional conduct and rehabilitation, and opportunities for survivor and victim input.”

Olesson said opportunities for people in the justice system to demonstrate they’ve changed are important. 

 “A justice system that allows no meaningful path for review, even in the face of growth, accountability, and years of demonstrated change, is not a system rooted in true public safety or human dignity,” she said. “Restoring commutations acknowledges that people can evolve and that redemption must be more than just a talking point. We applaud his commitment and we are grateful.”

The Wisconsin State Public Defenders office also praised the orders.

 “For the first time in a generation, thousands of Wisconsinites written off by the state’s legal system will have a clear path to returning home,” Public Defender Jennifer Bias said in a statement.  “For the many Wisconsinites who have done the hard work of redemption and are ready to come home, this is a chance to start anew. For our state, this is an opportunity to heal the scars left by decades of over-incarceration. Governor Evers is taking a bold and necessary step forward.”

This report has been updated with additional comments received after publication from leaders of  WISDOM.