Wisconsin Commutations: A New Potential Avenue For Release From Prison Due to Old Age or Medical Issues
Wisconsin has an aging prison population problem. The number of prisoners over the age of 60 has gone from approximately 900 in 2013 to 2,165 in the 2025. Facilities are ill equipped to handle this huge increase in older inmates. Studies have shown that paying for the health care of prisoners over the age of 50 is over four times that of prisoners under the age of 50. And all the while taxpayers are left paying the bill for the increasingly geriatric prisoner population.
Wisconsin Compassionate Release Petitions: The Inadequate Remedy
Prior to commutations, the only way to use old age or medical conditions to argue for release was through a compassionate release petition. Compassionate release is a short hand term for the “Petition to modify bifurcated sentence: geriatric/extraordinary health condition.” Generally, people who have (1) an extraordinary health condition; (2) are 65 years old or older and have served more than five years in prison; or (3) are 60 years old and have served more than ten years in prison can apply. Wis. Stat. 302.113(9g). But there are two problems with compassionate release petitions.
The Low Success Rate of Compassionate Rate Petitions
Only 11% of people who apply are granted released. This leave 89% of the population in prison. The low success rate is due to numerous factors that are outside the scope of this blog article. But it’s not something that is very successful if only 11% of people are getting through.
Bifurcated Sentences Only
The other problem is that the compassionate release application is only available to people who have bifurcated sentences. Those without bifurcated sentences cannot. This includes people with life sentences that are not even eligible to apply.
Commutations Process Opened Up
On April 3, 2026, Governor Tony Evers opened up the process of applying for commutations that had been dormant for the past 25 years. It has not been since Tommy Thompson was Governor that there has been a commutation application process. Most lawyers responding this to this news have been focused on using the rehabilitation model of arguing for commutations. But what I have heard less about is using an argument along a compassionate release line of reasoning.
Precedent for Commutation Based on Old Age
Although commutations have been a foreign thing in Wisconsin in the 21st century, Wisconsin has had a rich history of granting commutations for prison sentences since its founding. There was at times in the first half of the 20th century where commutations were more common than pardons. In November of 1942, Governor Heil commuted Charles Ross’s prison sentence which had been for up to a 40 year sentence. Wis. Senate Journal (1943) 177. Mr. Ross had been convicted of breaking into a bank. But at the time of his commutation, he was 73 years old. Governor Heil opined that it was “highly improbable that he will constitute a menace to society.” Wis. Senate Journal (1943) 177. And through that act of the Governor, he was released from prison.
Conclusion
If you have a loved one who is in prison and either has a serious medical condition or is older in age, commutations may be a new avenue to petition for release. You want an attorney who knows the law and will utilize the best legal arguments to argue for a commutation. Contact Subzero Expungements, Pardons & Appeals for a free consultation. 651-248-5142