Wisconsin Gov. Tony Evers visits Jefferson Elementary School in Oshkosh Wednesday, September 4, 2024. PC: Fox 11 Online
(WTAQ-WLUK) — Governor Tony Evers is the first Wisconsin governor in more than two decades to issue commutations.
Evers signed two executive orders Friday to reinstate Wisconsin’s process for issuing commutations, including creating a new Commutation Advisory Board and created a commutation process that is specifically designed for youth offenders.
Governors as recent as former Gov. Tommy Thompson have commuted sentences to address incarceration rates and recognize the importance of rehabilitating Wisconsinites.
“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. 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,” said Gov. Evers.
Evers is also responsible for reinstating Wisconsin’s pardon process after taking office and has since issued a record-breaking 2,000 pardons—more than any governor in modern Wisconsin state history.
A pardon restores certain civil rights and offers forgiveness, and individuals are currently only eligible to receive a pardon from Gov. Evers only after they have completed their entire sentence and the individual has been “off paper” for at least five years. Individuals are also not eligible for a pardon if they are a registered sex offender or have any pending criminal cases or charges in any jurisdiction.
Unlike a pardon, a commutation may reduce a sentence an individual is currently serving. According to Executive Order #287, the granting of commutations “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 notes, “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.”
Under Gov. Evers’ criteria, individuals will not be eligible for a commutation for a conviction of any of the following crimes:
- Sexual assault
- Physical abuse of a child
- Sexual exploitation of a child
- Trafficking of a child
- Incest
- Soliciting a child for prostitution
Under Executive Order #287, in order to be considered for a grant of commutation, applicants cannot be currently serving an incarceration term for a sex offense or be required to register as a sex offender (either currently or upon release). Individuals will not be eligible for a commutation if they have any unresolved criminal charges or outstanding warrants in any jurisdiction, and they may not have any incidents of violent misconduct within the last five years of the current incarceration term.
Additionally, the individual must have served at least half of their incarceration term, or at least 20 years of a life sentence, and have a record of rehabilitation and good behavior during their time in prison.
Further, under Executive Order #287, applicants will be required to “provide notice of the application to the circuit court and district attorney’s office that oversaw their conviction, if they can be found,” to ensure the circuit court and district attorney’s office may provide feedback to the Commutation Advisory board on the individual’s application for a commutation.
To ensure survivors and victims and their families have the opportunity to provide input, Executive Order #287 also requires that victims registered with the state Office of Victim Services and Programs receive notice to facilitate feedback from registered victims on the commutation application.
The Commutation Advisory Board will also have access to records of an applicant’s programming, work history, and conduct in prison from the Department of Corrections.
In evaluating applications for commutations, under the governor’s directives in Executive Order #287, the board must consider:
- The impact of a commutation on victims, survivors, and community members;
- Whether a commutation is consistent with public safety and in the interests of justice;
- An applicant’s prison conduct record; and
- An applicant’s personal growth and development since conviction, including the completion of rehabilitative programs, treatment, education, and work history during their incarceration.
Gov. Evers also announced his first appointments to the Commutation Advisory Board, appointing his chief legal counsel, Mel Barnes, as chair of the board, and corrections veteran, Cindy O’Donnell, as vice chair of the board.
Barnes graduated from the University of Wisconsin Law School and joined the Office of the Governor in 2023, where she has been the governor’s close advisor and chief legal counsel since then. In her role as chief legal counsel, Barnes also chairs the governor’s Pardon Advisory Board. Cindy O’Donnell served as deputy secretary of the Department of Corrections under former Govs. Thompson, McCallum, and Doyle. She also served as a division administrator under Attorneys General Lautenschlager and Van Hollen.
Operating similarly to the governor’s Pardon Advisory Board, the Commutation Advisory Board will hold hearings to review applications and make non-binding recommendations to the governor. Their first meeting is set to occur in June 2026. The governor will announce additional board members in the coming weeks, as well as a date for the board’s first meeting.
In addition to Barnes and O’Donnell, the board will consist of members with experience and expertise in a diverse cross-section of criminal justice, including victims’ advocates, law enforcement, corrections, and former members of the judiciary, among others.
Executive Order #288 specifically creates a commutation process designed for youth offenders who are sentenced to life in prison.
Executive Order #288 recognizes that, “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.” Research indicates, as the order further notes, that until brains are fully formed, individuals are “more susceptible to external pressures from peers, and [are] less capable of understanding the consequences of criminal actions.” The U.S. Supreme Court has recognized these scientific developments in Miller v. Alabama, holding that regardless of the offense committed, mandatory life sentences without the possibility of parole are unconstitutional with respect to juvenile defendants.” Indeed, as the governor’s order notes, “individuals who commit crimes 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.”
Under Gov. Evers’ Executive Order #288, much like the criteria under Executive Order #287, youth convicted of a life sentence who are seeking a commutation will be required to “provide notice of the application to the circuit court and district attorney’s office that oversaw their conviction, if they can be found,” to ensure the circuit court and district attorney’s office may provide feedback to the Commutation Advisory Board on the individual’s application for a commutation.
Similarly, Executive Order #288 also requires that victims registered with the state Office of Victim Services and Programs receive notice to facilitate feedback from registered victims on the commutation application to ensure survivors and victims and their families have the opportunity to provide input.
The Commutation Advisory Board will also have access to records of an applicant’s programming, work history, and conduct in prison from the Department of Corrections.
In evaluating applications for commutations for youth, under the governor’s directives in Executive Order #288, the Commutation Advisory Board must consider:
- The impact of commutation on victims, survivors, and community members;
- Whether a commutation is consistent with public safety and in the interests of justice;
- An applicant’s prison conduct record; and
- An applicant’s personal growth and development since conviction, including the completion of rehabilitative programs, treatment, education, and work history during their incarceration.
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