Department of Corrections in negotiations for third party review to address mounting concerns

Advocates for incarcerated people like Rebecca Aubart (left) testified before a legislative committee last week. (Screenshot | WisEye)

Formerly incarcerated people, former staff and parents of people being held in Wisconsin prisons are awaiting a third party review of the Department of Corrections as concerns mount about neglect and mistreatment.

Last week, members of the public made their case for change at a hearing of the Assembly Committee on Corrections .

Those who testified during the Tuesday hearing expressed a variety of concerns including the availability of contraband drugs, insufficient medical treatment, paying high costs to support incarcerated loved ones and encountering retaliation after making a complaint. Those who testified and committee members spoke about ideas to address problems, including the creation of an ombudsman office to help with accountability.

Cindy Irwin, a former Department of Corrections (DOC) employee, testified about alleged incidents of sexual assault of staff as well as misconduct resulting in the deaths of incarcerated people .

“They wouldn’t do [an anonymous survey] relating to harassment, sexual assaults of staff by staff…I can tell you that there are a lot of female [Department of Corrections] employees that have been sexually assaulted by coworkers and supervisors,” Irwin said.

In response to the Examiner, DOC communications director Beth Hardtke pointed to the department’s climate and engagement survey . The survey does not specifically ask the question Irwin posed but offers an opportunity to comment.

Those who testified included Sara Williams, community organizer from the Green Bay affiliate of the advocacy organization WISDOM.

“It begs the question: Why must lives be lost before action is taken?” Williams said at the hearing. “Why has it taken so long for our pleas to be heard? …The silence from the Department of Corrections is deafening, leaving us to ponder: Who will hold them accountable?”

Williams called for reform of solitary confinement. She said she spent a year in confinement and that it should be used as a last resort for the shortest time period possible, and alternatives should be explored.

“When I was first able to talk on the phone, I stuttered, because I hadn’t spoken to anybody for months,” Williams said.

704 incarcerated people were in restrictive housing in Wisconsin as of May 2024, according to the Department of Corrections . In restrictive housing, an incarcerated person’s movement, property or programming may be limited. The average time spent in disciplinary separation — otherwise referred to as solitary confinement or “punitive, segregated status” — was 28.2 days.

Rebecca Aubart, executive director of a group called Ladies of Solutions, Change and Innovation, read letters from incarcerated people in solitary confinement to the committee.

“The first is from a nonviolent drug offender serving 60 days in solitary confinement for drug use,” Aubart said. “He said, ‘I’ve had a wave of depression that I can’t seem to get out of. I haven’t really left my bunk except to eat once a day. I think I’ve started to hallucinate…’ ‘I miss my family.’ His family hasn’t been able to see him in over two years.”

Aubart said people who filed complaints filed with the Department of Corrections have been referred to the warden of the facility in question, where they have experienced retaliation and often a dismissal of the complaint.

“Kind of the central theme I’m hearing today is: We have policies in place, and we’re not getting compliance,” Representative Robert Brooks (R-Saukville) said, about two hours into the five and a half-hour hearing.

Hardtke said the DOC “is grateful to all those who took the time to share their experiences and concerns during last week’s hearing.” She said Secretary Jared Hoy has spoken with committee chair Michael Schraa (R-Oshkosh) and will be working with him on any follow-up.

The purpose of the meeting was to understand “what is truly happening in the Department of Corrections,” Schraa said at the hearing. Schraa said a lot of staff did not want to testify for fear of retaliation.

Schraa said he would expect that this would be an initial hearing, and at some point, he’d like to have an investigative hearing involving the Department of Corrections, with the committee having some subpoena power.

In a letter to the committee, Hoy said the department plans to bring on the consulting and management firm Falcon Correctional and Community Services Inc. for an outside review, which will include restrictive housing practices.

The department is currently in negotiations with Falcon to conduct a review of DOC policies and procedures and offer recommendations that will be shared with the public, Hardtke said.

Hoy said the department’s legislative advisor and his team would “diligently review the testimony provided during the hearing and look for ways we can continue to safely enhance the work we do as an agency.”

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