Credit: by Sreejita Patra / Wisconsin Watch
Deteriorating prisons, truth-in-sentencing, Act 10: Reasons for problems abound, while solutions remain elusive
Wisconsin incarcerates more people per capita than the majority of countries in the world, including the United States.
Wisconsin Watch and other newsrooms in recent years have reported on criminal charges against staff following prison deaths, medical errors and delayed health care and lengthy prison lockdowns linked to staffing shortages in Wisconsin prisons.
The state prison population has surged past 23,000 people, with nearly triple that number on probation or parole. Meanwhile, staff vacancies are increasing again across the Department of Corrections.
A reader called this situation a “mess” and asked how we got here and what can be done to fix it.
The road to mass incarceration
The first U.S. prison was founded as a “more humane alternative” to public and capital punishment, prison reform advocate and ex-incarceree Baron Walker told Wisconsin Watch. Two years after Wisconsin built its first prison at Waupun in 1851, the state abolished the death penalty.
For the next century, Wisconsin’s prison population rarely climbed above 3,000, even as the state population grew. But as America declared the “War on Drugs” in the 1970s and set laws cracking down on crime in the ‘80s and ‘90s, Wisconsin’s prison population began to explode.
“In the early 1970s … the rise in incarceration corresponded fairly closely with increases in crime,” said Michael O’Hear, a Marquette University criminal law professor. “The interesting thing that happened in both Wisconsin and the nation as a whole in the ‘90s is that crime rates started to fall, but imprisonment rates kept going up and up.”
According to O’Hear, Wisconsin was late to adopt the “tough-on-crime” laws popular in other states during that era. But by the mid-1990s, the state began to target drug-related crime and reverse leniency policies like parole.
“There was a period of time in which Milwaukee was just shipping bazillions of people into prison on … the presumption of being a dealer with the possession of very small amounts of crack cocaine,” UW-Madison sociology Professor Emerita Pamela Oliver said. She cited this practice as one of the reasons Wisconsin’s racial disparities in imprisonment are the worst in the nation.
Starting in the late 1990s and 2000s, Wisconsin’s “truth-in-sentencing” law, which requires people convicted of crimes to serve their full prison sentences with longer paroles, resulted in both a cycle of reincarceration and a large prison population full of aging inmates with low risk of reoffending.
Then in 2011, the anti-public union law known as Act 10 caused a mass exodus of correctional officers as working conditions in the state’s aging prisons continued to deteriorate.
Extended supervision
Along with mandating judges impose fixed prison sentences on people convicted of crimes, truth-in-sentencing requires sentences to include an inflexible period of “extended supervision” after a prison term ends. This is different from parole, which is a flexible, early release for good behavior and rehabilitation.
Judges often give out “extraordinarily long periods of extended supervision,” according to Oliver, at least 25% of the incarceration itself by law and often multiple times that in practice. To her, it is simply a “huge engine in reincarceration.”
According to DOC data, over 60% of the 8,000 people admitted to Wisconsin prisons in 2024 were in on extended supervision violations, known as “revocations.” The majority were technical rules violations that did not involve a criminal conviction.
Jun 23, 2025
