In Wisconsin, we are set back by the inherent flaws of the criminal legal justice system. We know that it is racist, unfair and outrageously punitive. In addition to that, tens of millions of dollars are used to put people in prison for decades with extreme sentences and then we let them languish behind bars even when we know that they do not pose a threat to public safety. Ultimately, our failed mass incarceration experiment has not made us any safer.
There are very few opportunities for Wisconsinites to have their sentences reduced – truth-in-sentecencing laws passed in the 1990s effectively eliminated the possibility for early release. But in April, Governor Evers re-established a process for commuting – or shortening – people’s sentences, an executive power that hasn’t been used in 25 years.
In a nutshell, a commutation shortens or changes a sentence an individual has been given. There are many benefits to commuting a sentence. It signifies that the state invests in people, not prisons. By commuting a sentence, it gives people the opportunity (to those who qualify for it), the chance to show that they can lead stable, productive lives and positively contribute to their communities. Without the aid of commutations, the opportunity to jump start their life is taken away and is spent wasting away in a cell.
Wisconsin has seen their prison population nearly triple in size because of failed mass incarceration policies such as excessive sentencing and truth in sentencing, which basically eliminates the possibility of early release on probation or parole. Without commutations, the state has no ability to revisit excessive or unjust sentences and prison populations will continue to balloon and overflow, lending itself to becoming a genuine humanitarian crisis.
Keeping people in a cell that have shown that they are ready to re-integrate and contribute positively to society does nothing but hurt families and communities more than it protects them. Many studies have shown that longer sentences do not equal more safety. In fact, people generally age out of crime so keeping people in prison for undue periods of time is just costly and diverts resources from alternatives that actually reduce crime.
Reinstating commutations marks real progress. A commutations board – which met for the first time last month – reviews applications and makes recommendations to the Governor. The process is selective and rewards those who have made amends, shows a commitment to change and demonstrates accountability and personal growth.
Commutations serve as one of the ways to repair the unjust outcomes of a flawed legal system and mass incarceration. It recognizes the humanity of prisoners and it allows for people to have a fair and meaningful chance to come back into society and do better than before. The deleterious effects of wasting away in a cell for a non-violent crime are offset by this, and slowly heals the damage that is done to communities and families by long prison terms. The criminal legal justice system may seem like an albatross anathema to change – but with the help of commutations – we can begin charting a new path forward.
