Advocates Want An Ombudsman For Wisconsin’s Prisons, The State Has Other Plans

Waupun Correctional Institution. File photo by Lauren Fuhrmann of the Wisconsin Center for Investigative Journalism.

As the Wisconsin Department of Corrections moves toward a contract with a consulting and management firm, advocates are pushing for more expansive reform:the creation of an independent watchdog called an ombudsman. It’s unclear whether an ombudsman bill would pass through the state Legislature.

These efforts come in the wake of criticism of prison conditions, deaths in the Wisconsin correctional system and criminal charges against the former Waupun Correctional Institution warden and members of his staff.

Department of Corrections communications director Beth Hardtke said that the DOC is reviewing the idea of creating an ombudsman office, Wisconsin Watch reported in late August. Meanwhile, the department has been pursuing another method of external review.

In a letter to the chair of the Assembly Committee on Corrections on July 9, Department of Corrections Secretary Jared Hoy mentioned contract negotiations for an outside third-party review. That outside third party is Falcon Correctional and Community Services Inc., a nationwide consulting and management firm, Hoy said. Falcon “exists to elevate mental health services in jails and prisons,” the firm said on its website.

“We are bringing on Falcon to examine our restrictive housing practices, our policies, procedures, processes, operations, and programs and to identify recommendations,” Hoy said. “This is just one step of many that we at the department are taking to make improvements at our facilities,” he added, “to help keep staff safe and improve the conditions for those in our care.”

Hardtke told the Examiner that the department is anticipating the contract with Falcon will be signed by the end of the month. In mid-July, Hardtke told the Examiner that recommendations from Falcon would also be shared with the public.

What might an ombudsman do?

20 states have an independent prison oversight body. These include the states bordering Wisconsin: Minnesota, Michigan, Iowa and Illinois.

A report published in August includes an overview of current prison oversight bodies. The report was produced by an assistant professor at the University of Texas at Austin in collaboration with the Prison and Jail Innovation Lab, a policy resource center.

The report found that the duties of these agencies may include facility inspections, addressing complaints, compiling comprehensive reports, assessing compliance with regulations and offering recommendations for improvements. Eight states have government ombuds offices, with the job of addressing complaints and overseeing various aspects of prison operations.

Michele Deitch, the director of the Prison and Jail Innovation Lab, made a case for independent oversight in an essay published by the Brennan Center in 2021. She wrote that oversight bodies can “be our eyes and ears,” though the power to address problems should be held by correctional leaders, legislators and governors.

“They can identify troubling practices early, and bring these concerns to administrators’ attention for remediation before the problems turn into scandals, lawsuits, or deaths,” Deitch wrote. “They can share best practices and strategies that have worked in other facilities to encourage a culture of improvement.”

Rebecca Aubart, executive director of the advocacy group Ladies of SCI, sent the Examiner an ombudsman proposal from the group in mid-October. The proposal suggests allocating about $1.5 million for an ombuds budget, and possibly more for the agency’s first 10 years.

“We’ve had Republicans and Democrats, everybody, tell us that we can all agree we need some kind of oversight,” Aubart told the Examiner. “What that looks like, everybody is afraid of being on the front of that. And that’s part of the reason why we came up with our own bill… at least now they have something they can pick apart, once we have our bill ready.”

The department has a complaint system for incarcerated people, including an appeals process, Hardtke told Wisconsin Watch. She said that “we also regularly offer guidance to the public, route complaints or concerns to the appropriate place, and resolve issues.”

At a legislative hearing on July 9, Aubart said people who filed complaints filed with the DOC have been referred to the warden of the facility in question and experienced retaliation and often a dismissal of the complaint, the Examiner reported.

The Examiner reached out to Gov. Tony Evers’ office for comment regarding the ombudsman idea. Communications Director Britt Cudaback said the office is in the process of meeting with stakeholders, including the Ladies of SCI. They’re receiving feedback in preparation for the 2025-2027 biennial state budget introduction. The state begins its preparations for the upcoming biennial budget during each even-numbered year.

Mark Rice, Wisconsin transformational justice campaign coordinator for the advocacy coalition WISDOM, favors independent oversight.

“We can’t really trust the Department of Corrections to move this forward by themselves,” Rice said in an interview with the Examiner. “We’ve seen that over and over again, that that’s not a model that’s working — the current one.”

Rice said over email that WISDOM has consistently called for community oversight of Wisconsin prisons and emphasizes that those who are currently incarcerated, formerly incarcerated or have loved ones in prison should be involved in the process.

Aubart thinks the DOC seeking an outside review from Falcon is a step in the right direction but isn’t enough.

“Who will watch to see if the DOC is implementing any of these recommendations?” she said in a message to the Examiner. “Without an independent agency watching all the time,” she added, “any recommendations they make will be a colossal waste of money, time and resources.”

What do legislators think?

Sen. Van Wanggaard (R-Racine), chair of the 2023 Senate Committee on Judiciary and Public Safety, said “the idea of an ombudsman isn’t necessarily bad, having a person to address concerns.”

“However, I am extremely reluctant to cede any control over corrections to any independent  entity,” Wanggaard said in a statement provided by his office.

Wanggaard’s chief of staff, Scott Kelly, elaborated on the senator’s response. He said there must be accountability for decisions made in the area of corrections. If the Legislature or the Department of Corrections cedes their control, this leads to less accountability and control, he said.

Kelly said Wanggaard is not committed to an ombudsman, but “the idea of having a person within DOC to help address concerns/direct people within DOC [isn’t necessarily] a bad one.”

Rep. Ryan Clancy (D-Milwaukee) said “we need an independent fact-finder” in an article from Wisconsin Watch.

In the same article, Darrin Madison (D-Milwaukee) who serves with Clancy on the corrections committee, said an office of ombudsman would be responsible for complaints instead of an internal system. He said “we’d likely see more results in changing practices within facilities if it was independent of administration.”

Rep. Jerry O’Connor (R-Fond du Lac), another member of the 2023 Assembly Committee on Corrections, said “we need more information to know if this [ombudsman] approach has found success.”

“As a member of the corrections committee and a citizen, I am deeply concerned with issues ranging from staff safety to inmate treatment and the condition of older facilities,” O’Connor said in a statement provided by his office.

O’Connor said he awaits the DOC’s third-party report and that the committee will continue to hold hearings. He said he spent 20 years teaching Bible studies in state prisons and has a first-hand view.

“My first observation is that managing a corrections system is extraordinarily difficult,” O’Connor said. “Between the COVID lockdowns and staff shortage crisis, there were too many issues that have been brought to light.”

The Examiner reached out to Falcon Correctional and Community Services Inc., the firm with which the DOC is negotiating a third-party review, and did not receive a statement for this article. The Examiner also reached out to some of the other members of the 2023 Assembly Committee on Corrections and the 2023 Senate Committee on Judiciary and Public Safety and did not receive comment.

Department of Corrections, reform advocates pursue different methods for review of prison system was originally published by Wisconsin Examiner.