Evers Faces Pressure to Grant Last-Minute Commutations—What’s at Stake for 50 Lives?

As Democratic Governor Tony Evers gears up for his final year in office, advocates are urging him to exercise a power that has been largely dormant among Wisconsin governors for decades: the power of commutation. This form of clemency allows governors to reduce prison sentences for individuals convicted of crimes, offering a potential path for justice reform in a state grappling with high incarceration rates.

According to the Wisconsin Constitution, the governor can use commutations to shorten both prison sentences and periods of parole or extended supervision. Despite this authority, no Wisconsin governor has utilized this power in over twenty years; the last to do so was Republican Tommy Thompson, who issued seven commutations before leaving office in 2001. Since Thompson, his successors—including Republicans Scott McCallum and Scott Walker, as well as Democrat Jim Doyle—have maintained a commutation-free streak.

“The tough-on-crime era just trained both parties to see mercy as politically dangerous,” said Marianne Oleson, an activist with the group Ex-Incarcerated People Organizing of Wisconsin. “That led to commutations being completely avoided and taken off the table.”

Evers’ Opportunity for Legacy

With Evers confirming he will not seek re-election, criminal justice reform advocates see an opportunity for him to leave a meaningful legacy. “It’s really a time for him to leave a legacy, and he could leave a legacy of advancing racial and economic justice in this state,” said Mark Rice, a formerly incarcerated Wisconsinite working with the reform group WISDOM. He highlighted the significant racial disparities in sentencing, noting that many Black, Brown, and Indigenous individuals have received excessively long sentences.

Since taking office in 2019, Evers has issued more than 1,600 pardons, far surpassing any previous Wisconsin governor. While pardons can restore certain rights, such as the ability to own a firearm or hold professional licenses, they do not reduce the time spent in prison. As a result, these actions have not contributed to alleviating Wisconsin's overcrowded prison system, which has seen its adult prison population rise to 23,339 as of December 2025—up from 23,292 when Evers first took office.

Critics argue that Evers has not fulfilled his campaign promise to significantly reduce the prison population. “A lot of the grassroots organizations that supported him feel disappointed,” stated David Murrell, an organizer with WISDOM and a former inmate. “And so this (commuting sentences) is an opportunity for him to keep his word.”

Wisconsin’s prisons are currently over capacity by more than 5,600 individuals, a troubling statistic in light of the state’s history of mass incarceration, where the prison population has more than tripled since 1990. The challenges have only been exacerbated by a Republican-controlled Legislature that has removed many of Evers’ proposed reforms from state budget requests.

Still, advocates are urging Evers to act unilaterally through commutations. “Right now this is the best recourse he has—it's commute,” Murrell said. “You’re on your way out; you’re not going to run again. We don’t know who’s coming into office.”

Organizations like WISDOM are actively discussing who should be prioritized for commutations if Evers chooses to pursue them. Oleson suggested that the governor start with those in “community custody,” allowing them to participate in work-release programs. Amanda Merkwae, a lobbyist with the American Civil Liberties Union of Wisconsin, advocated for commuting sentences of individuals incarcerated for crimes committed as children, as well as those who are elderly or sick. “There’s always a risk of recidivism,” she noted, adding, “But is that fear worth all of the other collateral consequences of not taking this action?”

The options for Wisconsin residents seeking to reduce their prison sentences remain limited. Some may be eligible for parole, while others are subject to a “truth in sentencing” law that mandates judges set specific time frames for incarceration. Incarcerated individuals can also apply for compassionate release, but these applications are rarely granted and can be prohibitively expensive.

Oleson, who spent five years in Wisconsin prisons for selling fake Facebook stock and is currently under extended supervision, described the restrictions she faces. “I have a very elderly mother who lives out of state, and if she were to need me quickly, I would not be able to leave until my agent gave me written permission,” she explained.

As Wisconsin continues to grapple with an overburdened prison system and racial disparities in sentencing, the call for Governor Evers to utilize his commutation power becomes increasingly urgent. With his impending departure from office, advocates hope that he can make a significant impact in the realm of criminal justice reform. Only time will tell if Evers will heed this call, but the window for action is closing fast.