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Wisconsin Governor Issues Executive Order to Restore Commutations

by Michael Dean Thompson

Before this year, the last governor of Wisconsin to issue commutations was the Republican Tommy Thompson, who served from 1987-2001. Gov. Thompson issued just seven commutations along with 202 pardons during his tenure. On April 3, 2026, Gov. Tony Evers (D) signed two executive orders (EO), 287 and 288, that will reinstate commutations as part of his commitment to reduce the state’s prison population, which has remained just above 23,000 in the post-COVID era.

Evers has issued a record-breaking number of pardons, over 2,000 since he was elected in 2018. Pardons, however, have no impact on the prison population. To be eligible for a pardon, a person must complete their entire sentence, including post-release community supervision, and avoid any new charges for five years. The EOs will create a structure that will allow both incarcerated persons and those under community supervision to apply for commutation.

A Community Advisory Board comprised of 14 members will consider the applications and submit recommendations to the governor. The board will include the governor’s legal counsel or a designee and others who “have experience or expertise in the fields of reentry services, victims’ rights, corrections, and other related areas and who are otherwise able to provide a valuable perspective on reduction of criminal sentences,” according to EO 287.

The orders come in the wake of inaction by the state legislature. In his announcement of the orders, Evers pointed out, “the Legislature must start working toward making long-term justice and corrections reforms a priority.” He went on to add, “For years, I’ve asked the Legislature to work with me to invest in behavioral and mental health services, treatment and diversion, and reentry programming—these are evidence-based and data-driven policies we know will help keep our communities safer while continuing to ensure dangerous individuals remain in our institutions.”

Sherry Reams, a volunteer for the non-profit faith-based organization WISDOM, which works to end mass incarceration, agrees there is more to be done. She told the Wisconsin Examiner, “Gov. Evers’ decision to restore the commutations process will promote redemption and provide hope for people who have made great strides with their personal growth and development. This is an important step, but much more work needs to be done.”

EO 287 makes clear the governor’s goal of incentivizing rehabilitation by offering “a second chance to contribute to society” and “take responsibility, make amends, and seek forgiveness.” Nevertheless, the second chances are not available to everyone. Anyone convicted of a crime that requires registration as a sex offender will not be eligible for the commutation process. The EO does, however, allow for the possibility that people convicted of crimes against children that do not require registration could apply for a commutation.

While considering an application, the board will evaluate the impact of the commutation on the victim, survivors and community members. They will also consider “whether [it is] consistent with public safety and in the interests of justice”, as well as their prison conduct and record of growth and development, which includes education and work history.

Advocacy groups pressing for criminal justice reform welcomed the move, as did the Wisconsin State Public Defenders Office. Public Defender Jennifer Bias said in a statement, “For the many Wisconsinites who have done the hard work of redemption and are ready to come home, this is a chance to start anew.” She added, “For our state, this is an opportunity to heal the scars left by decades of over-incareration. Gov. Evers is taking a bold and necessary step forward.”  

 

Additional Sources: Wisconsin Examiner

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