CRIMINAL JUSTICE REFORM:
Ending mass incarceration and
restoring healthy communities
“It’s time we bring true reform to
our criminal justice system and end
mass incarceration once and for all”
Photo credit: Mark Hoffman/Milwaukee Journal Sentinel
Wisconsin is in crisis when it comes to our criminal justice
system; this is a moral, ethical, and economic crisis that
impacts our entire state from Milwaukee to Superior, from
Hudson to Kenosha. The state’s prison population has
more than tripled in the last 25 years, rising from 6,500
inmates in 1990, to 23,000 in 2016.1 Governor Walker and
his predecessors’ so-called “tough-on-crime” policies have
resulted in a rising prison population and no reduction
in crime - our communities and our families are no safer.
Our current system perpetuates the cycle of recidivism
- tearing families and communities apart. We need a next-
generation criminal justice system that centers around justice,
rehabilitation, and the successful reentry of the incarcerated,
but more importantly, a government committed to increasing
opportunity in our most vulnerable communities. We
need a governor who is focused on prevention instead of
punishment; one who will bring leaders together and work
to heal our most vulnerable communities.
THE CURRENT STATE OF THE WISCONSIN CRIMINAL JUSTICE SYSTEM
Wisconsin jails are severely overcrowded. Currently,
Wisconsin has the capacity to jail roughly 17,000 inmates,
and yet we have over 23,000 inmates in need of placement.2
Roughly half of Milwaukee County’s Black men in their 30’s
and 40’s have served time in a state prison, and over 12%
of working-age Black men in Milwaukee County are in
prison.3 Wisconsin has the highest Black-male incarceration
rate in the country, twice the national average.4 Beyond
mass incarceration, inaccessible and unaffordable health
care across the state have a ripple effect on our criminal
justice system. Roughly 35% of males and 82% of females
serving time in Wisconsin’s prisons have a mental health
condition.5 Many are people who are in need of proper
healthcare, not jail time.
Reform will require a readjustment of our priorities.
Wisconsin spends more tax dollars on the Department of
Corrections than it does our UW system. Budgets are moral
documents that outline social priorities as well as financial
priorities. If we are to solve some of the issues facing our
state we need to address how we are spending money on YOUTH INCARCERATION NEEDS
corrections and what our criminal justice system will look SERIOUS REFORMS
like over the next few decades.
We cannot have a serious discussion about criminal justice
We cannot afford to continue the status quo when it
reform without talking about Lincoln Hills, Copper Lake,
comes to our criminal justice system. Wisconsin needs
and youth incarceration here in Wisconsin. With roughly
to hold those accountable who commit crimes, while also
300 young people incarcerated, Wisconsin currently spends
providing new ways forward for those caught up in the
roughly $162 million on juvenile justice services.7 In 2015,
criminal justice system.
the FBI began its investigation into the treatment of the young
people incarcerated in Lincoln Hills and the Copper Lake
THE SCHOOL-TO-PRISON PIPELINE School for Girls. Since then, we have seen horrific reports of
INHIBITS OUR FUTURE abuse and mistreatment by the staff at these locations. Some of
the alleged mistreatment includes “...that guards in the prisons
Children suspended or kicked out of middle and high physically abused incarcerated youth, routinely used pepper
school are far more likely to end up in our prison system. In spray as a punishment tactic, and held as many as 20% of the
Wisconsin, “black students are suspended 7.5 times more population in solitary confinement for 23 hours a day.”8
than white students.”6 We need to work with our partners On March 30th of 2018, Governor Walker signed legislation
on local school boards to find ways to support our kids to close the both Lincoln Hills and Copper Lake by 2021, and
and provide treatment and opportunities. This includes the borrow $80 million to build new facilities.9 We need to do more
generational trauma and mental health problems that some than just close Lincoln Hills and Copper Lake to help our young
of our youth face. Together we can invest in our kids, and people who are incarcerated; we need to focus on rehabilitation.
have them avoid the criminal justice system. Many of these kids come from economically unstable homes
or suffer from mental health problems. Wisconsin has an
opportunity to craft new rules and laws which impact these
issues in both the present and decades down the road. We need
to provide more avenues for our young people who commit
crimes to get back on the right path.
 MILWAUKEE JOURNAL SENTINEL | DEC. 13TH, 2016 | BY GINA BARTON

3,000 sent to prison without new convictions in 2015

LOW WAGES AND DIVESTMENT MEANS NO SOCIAL OPPORTUNITY

“TRUTH IN SENTENCING”
“Truth in sentencing, mandatory CREATES SERIOUS CHALLENGES

minimums, and solitary confinement have In 1997, then-State Representative Scott Walker sponsored
what has become known as the Truth in Sentencing bill.
no place in our criminal justice system” It was eventually passed into law by both Republicans and
Democrats and has been on the books since 1999. The law
“...eliminated time off for good behavior and parole for new
People who are living in poverty take drastic means of offenders, and requires people sent to prison to do virtually
attempting to get by and provide for themselves and their every single day of their sentence.”11 The law does allow for
families. A lack of social and economic opportunity inmates to petition judges to reduce their sentence and gave
prevents many from having the chance to earn what they district attorneys veto power over those petitions. Since
need. However, there is a solution that was proposed under the passage of the law we have seen a rise in inmates in our
the Obama Administration. The White House Council correctional facilities.
of Economic Advisers at the time stated that raising the
minimum wage to $12 by 2020 “would result in a 3 to 5
percent crime decrease (250,000 to 510,000 crimes) and a
societal benefit of $8 to $17 billion dollars.”10
“the era of warehousing
Governor Walker steered Wisconsin in the wrong direction our youth is over”
and created a system that lacks the social and economic
resources needed for change. Our public schools have been
“Truth in Sentencing” has increased our prison population,
starved, wages remain relatively flat, he gutted our UW
and done little to deter people for committing crimes. As
System, and there remains a true lack of investment in the next
governor, I will work with both parties in the legislature to
generation. Wisconsin lacks good-paying, family-sustaining
end the Truth in Sentencing law. We can no longer afford to
jobs. What we are left with is a system that criminalizes low-
send people to prison without any sort of parole option. If
income earners because they cannot get what they need.
we do not make a change, Wisconsin will continue to see an
Wisconsin puts people in prison, and upon release they have
increase in new corrections costs, while not seeing a decrease
nowhere to go. Our system makes people disclose felonies
in crime. We need to hold those accountable who break the
on job applications, inhibiting the chance at a second shot.
law, while creating a system where people can serve their
It is time for Wisconsin to provide the resources we need to
time and leave early for good behavior.
make real change.
 La Crosse Tribune | January 13th, 2017

REPORT: WISCONSIN ONE OF THE

WORST STATES OF RACIAL DISPARITY

CASH BAIL AND CRIMINAL RECORDS

Cash bail and criminal records create barriers to fairness that
disparately impacts poor communities and communities of
color. Cash bail has been shown to increase the likelihood
of a conviction by 12% while at the same time increase the
odds of recidivism by 9%12 because those without the means
of paying have no other choice. This tips the scales against
the poor, yet favors those who may have resources (whether
earned legally or illegally). Putting this into perspective, a
quarter of American families find themselves unable to cover
$2,000 of emergency spending unless they sell something or
take out a loan.13 We need to end the practice of cash bail for
low-level crimes.
Wisconsinites who leave prison are left with a record which
follows them for the rest of their life. Criminal records
can serve as major barriers when someone is seeking
employment, an education, or a new home. This prevents
recently incarcerated individuals from rejoining society
and is hurting our economy. We are the only state to limit
expungement “..to a live, current case and requires a judge
to decide at sentencing if expungement should be granted
later.”14 As governor, I will oversee legislation to expunge
records for those who are arrested (but not convicted) of a
misdemeanor from any law enforcement agency in the state
of Wisconsin. Non-Convictions accounted for 22.5% of all
criminal cases in Milwaukee County over a ten year period
according to a report from Wisconsin Policy Forum.15 By
changing our expungement law, we can reduce court costs,
clear records, and even reduce our prison population.

FOCUS ON REHAB AND REENTRY

In 2018, the state Legislature signed off increasing mandatory
minimum sentences for a number of felonies. While I want
those people who commit crimes to receive the correct
amount of justice, I believe that should be determined by our
locally-elected judges. I oppose mandatory minimum laws
because they take away power from our locally elected judges
and haven’t deterred people from committing crimes, while at
the same time imposing arbitrary sentences not examined on
a case-by-case basis.
As discussed previously, after decades of tough-on-crime
policies, Milwaukee still remains a city with a high crime
rate. Since mandatory minimum laws were first passed in the
1970’s our prison population has exploded and public safety
continues to be a concern for Wisconities in both urban and
rural communities. We are going to put discretion back into
the hands of judges and allow them to make the best decisions
on a case-by-case basis. There will no longer be arbitrary
minimum sentencing guidelines for crimes. We elect judges
to make the best decisions possible, and we are going to give
them the authority to make determinations for themselves,
not politicians in Madison.
OVERVIEW OF GOVERNOR MITCHELL’S POLICY SOLUTIONS
While running for governor, I have travelled the state to
hear from the people what communities need on specific
issues, including criminal justice reform. People from across “We’re going to reduce crime
Wisconsin recognize the time is now for serious reform
to our system, while ensuring that public safety won’t be
in wisconsin by 20%”
compromised. Not only do we need to help out those who
are currently incarcerated, but we need to create a blueprint RESTORE THE PARDON ADVISORY BOARD
to ensure we that we do not encounter this crisis again. In 2014, Scott Walker declared that the Pardon Advisory Board
Putting an end to Truth in Sentencing is only the beginning. “...undermines the actions of the judge and jury that convicted them.”16
One of my objectives in my first term as governor is to reduce However, by not using the constitutionally protected Pardon Advisory
crime in Wisconsin by 20%. We can start to accomplish this by Board, the governor is leaving the task to offenders to ask District
legalizing marijuana, raising the minimum wage, addressing Attorney’s to dismiss the charges. This rarely happens and needs to
the opioid crisis, and expanding our workforce development change. When am I governor, I will restore the Pardon Advisory Board
programs. Under the current administration, Wisconsin has and take each case seriously.
turned its back on the state’s greatest economic engine: the
city of Milwaukee. Together we can decrease unemployment END “TRUTH IN SENTENCING” AND RESTORE JUDICIAL DISCRETION
and underemployment in Milwaukee and increase public We will return the ability of judges to make the best decisions based
safety across the board that will have statewide impacts. on their expertise, and allow for the option of parole based on behavior
and merit. Truth in Sentencing has led to unjust outcomes and the
In my first term we will reduce the Black-male incarceration rate overcrowding of our prisons. It is time to reset the way in which those
to the national average of 6.7% from our current state average entering the system are sentenced.
of 12.8%. This would be a which would be a 50% decrease
that would lead to economic and social opportunities that LEGALIZE MARIJUANA
have never before been seen in Wisconsin. We have seen in states like Washington and Colorado that legalizing
marijuana has not led to an increase in crime and has led to budget
MY OBJECTIVES ARE CLEAR. AS GOVERNOR, I WILL: surpluses. I want to go further by pardoning those who were convicted
solely of marijuana offenses and help get them get back on their feet.
CREATE A NEW STATEWIDE CRIMINAL JUSTICE COUNCIL We would follow the model of several other states by levying the state’s
The criminal justice council would be made up of members from law 5% state sales tax, plus any local sales taxes, and an additional 12% state
enforcement, criminal justice experts, community and reform groups, marijuana tax. A state such as Colorado which is nearly comparable
Wisconsinites who have been incarcerated, and representatives from in population has reached sales exceeding $1 billion per year while
the Department of Corrections. For too long the Governor has failed to generating revenues well in excess of $200 million.17 We can build a
bring these groups together and discuss ways to improve our criminal new sector of our economy, and help reduce prison space by expunging
justice system. It is time to have everyone working together to find the criminal records of those with marijuana offenses.
common sense solutions to the criminal justice problems we face.
BAN THE BOX
EXPAND THE EARLY RELEASE PROGRAM Many people serve their time and then cannot get a family-supporting
In Wisconsin, we are in desperate need of a program which addresses job after reentry. Forcing people to disclose a criminal conviction on job
the drug and alcohol problems some of our incarcerated population applications immediately puts them at a disadvantage. Furthermore, a
face. It would go a long way toward reducing our overcrowding issue by lack of steady income only increases the chances for recidivism. We
getting people out of our prisons and into treatment facilities. We have need to give those who were incarcerated a chance at creating a new
too many inmates who are in need of treatment, not incarceration. life. As governor, I will use the Milwaukee model for “ban the box” as a
template for a statewide ban.
ALLOW LOCAL COMMUNITIES TO IMPOSE A 0.5% SALES TAX SPECIFIC TO We cannot afford to continue on our current path of mass
POLICE, PARAMEDIC SERVICES, AND FIREFIGHTER SERVICES OR COSTS incarceration and a broken criminal justice system. We need
In the city of Milwaukee, we have seen budget after budget cut police
and firefighter positions from each department. Across Wisconsin, I
have heard from local officials about the need to maintain emergency
services to ensure public safety. We should allow all of our counties,
cities, towns and villages the right to raise a sales tax to pay for more
first responders, legacy costs, legal fees or increased training. We will
reform our criminal justice system while continuing to support our first
responders.
INVEST IN WORKFORCE DEVELOPMENT AND RAISE THE MINIMUM WAGE
If we want to reduce the likelihood of people entering our criminal
justice system, we need to provide good paying jobs. Many vulnerable
communities are in need of workforce development programs. As
governor, I will work to expand programs currently on the books and
create new programs where needed. Establishing a $15 per hour wage
floor in Wisconsin will also put more money into the hands of our working
families and hopefully keep those away from criminal activities.
REDEFINE A PRISON-WORTHY OFFENSE
We are going to take a close look the laws we have on the books and
work toward reclassifying first-time drug possession violations. We
need to ensure that a person’s offense should not be something from
which they cannot recover and they should be able to pay a debt back to
society while entering rehabilitation rather than prison.
END CASH BAIL
Wisconsin will no longer be a state that has the scales of justice tipped
against those who cannot afford bail. We are going to end the practice of
cash bail for low-level crimes. Our justice system should respect everyone’s
status and history and work with them to create fair and just outcomes.
to move away from locking people up and throwing away the
key. Serious reform will allow our criminal justice system to
separate career criminals from people who need treatment
or rehabilitation.
If we work together we can end or change many of the laws
which have lead us to where we are now. Ending the Truth
in Sentencing law will be a top priority for my administration
in Madison. We cannot afford to continue to deny the
opportunity of parole for good behavior. We need to end the
practice of solitary confinement which is abusive and can lead
to self-harm and mental illness.
We can’t look at this as the end-all set of policies to rectify
the problems that plague our system, but it’s certainly a start.
We’re going to have to work hard for years to come, with
heavy involvement from communities in every corner of our
state, in order to make strides in the right direction.
This is not just about criminal justice reform, it is about
providing a new path forward. Wisconsin has the distinction
of the highest Black-male incarceration rate in the nation.
This is unacceptable. Criminal justice reform is not an issue
that just affects one racial group or one area of Wisconsin,
criminal justice affects every part of our state. We need to
move away from the policies and laws that have led us to
this crisis and provide systemic change. If we commit to real
criminal justice reform, I know that we can get all hands
working here in Wisconsin and help improve lives now and
for generations to come.
 Photo credit: Department of Corrections

1
Molly Beck, “DOC chief: State needs more prison space before 2020,” Wisconsin State Journal, http://host.madison.com/wsj/news/local/govt-and-politics/doc-chief-state-needs-more-
prison-space-before/article_e48d2160-1d5a-50d5-a60f-d28362d34f03.html, (Oct 20, 2017)
2
Tamarine Cornelius, “With State Prisons Overcrowded, Officials Propose Paying More to Counties to House State Prisoners,” Wisconsin Budget Project, http://www.wisconsinbudgetproject.
org/with-state-prisons-overcrowded-officials-propose-paying-counties-to-house-state-prisoners, (September 29, 2016)
3
John Pawasarat and Lois M. Quinn, “Wisconsin’s Mass Incarceration of African American Males: Workforce Challenges for 2013,” Employment and Training Institute, University of Wisconsin-
Milwaukee, https://www4.uwm.edu/eti/2013/BlackImprisonment.pdf (2013)
4
John Pawasarat and Lois M. Quinn, “Wisconsin’s Mass Incarceration of African American Males: Workforce Challenges for 2013,” Employment and Training Institute, University of Wisconsin-
Milwaukee, https://www4.uwm.edu/eti/2013/BlackImprisonment.pdf (2013)
5
State of Wisconsin Department of Corrections, “Performance Measurement Series, Inmate Profile 2017,” https://doc.wi.gov/DataResearch/DataAndReports/InmateProfile.pdf
6
Wisconsin Office of Children’s Mental Health Annual Report, “FACT SHEET: School Outcomes,” Wisconsin Office of Children’s Mental Health, https://children.wi.gov/Documents/School%20
Outcomes.pdf, (2017)
7
Elizabeth Pelletier, Julia Durnan, and Samantha Harvell, “Data Snapshot of Youth Incarceration in Wisconsin,” Urban Institute - Justice Policy Center,
https://www.urban.org/sites/default/files/publication/91571/data_snapshot_of_youth_incarceration_in_wisconsin_1.pdf, (June 2017)
8
Elizabeth Pelletier, Julia Durnan, and Samantha Harvell, “Data Snapshot of Youth Incarceration in Wisconsin,” Urban Institute - Justice Policy Center,
https://www.urban.org/sites/default/files/publication/91571/data_snapshot_of_youth_incarceration_in_wisconsin_1.pdf, (June 2017)
9
Laurel White, “Walker Signs Law Closing Lincoln Hills Youth Prison,” Wisconsin Public Radio, https://www.wpr.org/walker-signs-law-closing-lincoln-hills-youth-prison, (March 30, 2018)
10
Juleyka Lantigua-Williams, “Raise the Minimum Wage, Reduce Crime?,” The Atlantic, https://www.theatlantic.com/politics/archive/2016/05/raise-the-minimum-wage-reduce-crime/480912, (May 3, 2016)
11
Jeff Wilford, “Prisoners have an out in Truth in Sentencing, but it’s slim,” Wisconsin State Journal, https://journaltimes.com/news/local/prisoners-have-an-out-in-truth-in-sentencing-but-
it/article_97956ac9-47ff-55e2-9531-e1622336c411.html (May 3, 2003)
12
Sonya Tafoya et. al, “Pretrial Release in California,” Public Policy Institute of California (May 2017)
13
Annamaria Lusardi et. al, “Financially Fragile Households: Evidence and Implications,” The Brookings Institution (Spring 2011)
14
Bruce Vielmetti, “Wisconsin’s criminal expungement rules keep needed workers out of jobs, study says,” Milwaukee Journal Sentinel, https://www.jsonline.com/story/news/2018/06/06/
report-easing-expungement-criminal-records-could-boost-jobs/665374002, (June 6, 2018)
15
Joe Peterangelo, LaLinda Xiong, and Rob Henken,“A FRESH START: Wisconsin’s Atypical Expungement Law and Options for Reform,” Wisconsin Policy Forum,
https://publicpolicyforum.org/sites/default/files/FreshStart_FullReport.pdf, (June 2018)
16
Gilman Halsted, “Walker Administration Proposes Eliminating Governor’s Pardon Advisory Board,” Wisconsin Public Radio,
https://www.wpr.org/walker-administration-proposes-eliminating-governors-pardon-advisory-board (December 11, 2014)
17
Alicia Wallace, “Colorado pot sales hit a record $1.5 billion in 2017, and border towns saw a green rush from neighbors,” The Denver Post, https://www.denverpost.com/2018/02/10/
colorado-pot-sales-2017-border-towns/, (February 10, 2018)

Paid for by Mahlon Mitchell for Wisconsin

P.O.Box 628 Madison, WI 53701
www.mahlonmitchell.com | facebook.com/mahlonmitchell | twitter.com/mahlonmitchell