How Evers Plan To Issue Commutations Works

Governor Tony Evers. File photo by Jeramey Jannene.

Gov. Tony Evers has promised to issue commutations, which could shorten the prison sentences of some long-serving inmates who have matured and completed rehabilitation programs.

Restarting commutations was a major victory for criminal justice system reform advocates.

Sherry Reames, a leader of WISCOM, a nonprofit organization that has spent years seeking changes, gave two examples of inmates who should be considered for commutations:

Example one – A white 19-year-old from a rural county was convicted of being a party to murder in the 1990s and given a parole date of 2075, which amounted to a life sentence.

His prison record includes “30 years of excellent performance evaluations in a wide variety of prison jobs — including mechanic, carpenter, welder, printer, library clerk, chapel clerk, food service worker, laundry.”

“He has actively participated in religious and educational programming” and volunteered to train service dogs for military veterans with PTSD.

“Commutation is his only hope of freedom,” Reames said.

Example two – A Black man who was 17 and a first offender when he and a friend murdered someone in the 1990s. He got the longest sentence possible — 101 years — before being eligible for parole, also a life sentence.

Over 30 years in prison, Reames said, he held prison jobs, earned a high school equivalency degree, tutored other prisoners, “earned a bachelor’s degree in theology, with a psychology minor, from Trinity International University, prepared himself for work as a chaplain and spiritual advisor, and has also taken vocational courses in cabinetry, office skills, and mechanical design.”

Overall, Reames added, “WISDOM believes there are dozens — if not hundreds — of mature, trustworthy, thoroughly rehabilitated individuals like these in our prison system and hopes the governor and [the] commutation processes will make it possible to release many of them.”

Evers ran for governor in 2018 with a vow to reduce the state’s overcrowded prisons, which the state Department of Corrections reported held 23,372 adult inmates on April 3. More than 90% of adult inmates are male; about 50% are white and 43% black.

In his announcement, Evers said Republicans who control the Legislature have not responded to calls for major reforms of the criminal justice system.

So, the Democrat is creating an advisory panel to recommend commutations, which the National Governors Association calls a “form of executive clemency that reduces an individual’s punishment — most often by shortening a prison sentence.”

A separate commutation process will be set up for juveniles convicted of violent crimes and given what amounted to life sentences in the 1990s — an era in which they were often labeled “superpredators.”

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

This is how the process would work: Advisory panels would consider the inmate’s request, their prison record, hold hearings and recommend commutations of their sentences to the governor or referral to the Parole Board. Crime victims, judges and prosecutors in the counties where the conviction occurred would be notified.

Republican Gov. Tommy Thompson issued the last commutation in 2001.

Evers has proudly issued a record 2,000 pardons, which return some civil rights to individuals but does not overturn their convictions.

Commutations have a twofold benefit, Evers said.

First, they “promote 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.”

Second, Evers said, knowing there is a commutation process — even though the governor elected in November could end it — offers hope to those now serving long prison sentences who don’t know when, or if, they will be released.

“Commutations can also encourage incarcerated individuals to be accountable, take responsibility, make amends, and seek forgiveness,” Evers said.

Evers said inmates who have been convicted of sexual assault, physical abuse of a child, sexual exploitation of a child, trafficking of a child, incest or soliciting a child for prostitution will not be eligible for commutations.

Also not eligible will be anyone required to register as a sex offender, those with “unresolved criminal charges or outstanding warrants,” and inmates who had committed “violent misconduct” in prison over the last five years.

Also, to be eligible to have their sentence commuted, inmates must have served at least half of their prison sentence, “or at least 20 years of a life sentence and have a record of rehabilitation and good behavior.“

The advisory panels are expected to begin meeting in June.

Steven Walters started covering the Capitol in 1988. Contact him at stevenscotwalters@gmail.com.