Wisconsin Revives Its Commutation Process: What Practitioners Should know

After a roughly three-decade hiatus, Wisconsin has reestablished a formal process for individuals serving prison sentences to apply for commutation — i.e., a reduction or modification of their sentence by the governor.

In April 2026, Gov. Tony Evers signed two executive orders creating the Commutation Advisory Board and laying out eligibility criteria for applicants, including a separate track for individuals sentenced to life in prison for offenses committed as juveniles. So far, the board has received over 800 applications and has begun holding hearings, with the first one held on Aug. 21, 2026. There is still time for those who are eligible to get their applications in.

The reintroduction of commutations is a significant development in Wisconsin and a process those working in the pro bono and criminal justice areas should familiarize themselves with.

Nate Oesch, Marquette 2018, is an associate with Quarles & Brady LLP, Milwaukee. He focuses on class action defense, insurance coverage, and IP litigation.

What is Commutation?

Commutation is a form of executive clemency. Unlike a pardon, which forgives a conviction, a commutation reduces or modifies the sentence itself. In practical terms, a commuted sentence might convert a life sentence into a term of years, reduce a lengthy prison term to time served or adjust conditions of supervision.

The authority to grant commutations in Wisconsin flows directly from the state constitution, which vests the governor with broad clemency power. Under Wis. Const. art. V, § 6, the governor may grant reprieves, commutations, and pardons after conviction for offenses against the state (except in cases of treason and impeachment). This constitutional grant of authority is significant because it is self-executing — no enabling legislation is required.

What is the Current Application Process and Eligibility Criteria?

Gov. Evers’ executive orders established specific eligibility requirements and a structured review process.

On the eligibility front, the orders cast a broad net while drawing firm exclusionary lines. Applicants are ineligible if they are currently serving a sentence for a sex offense, are required to register as a sex offender, have unresolved criminal charges or outstanding warrants in any jurisdiction, or have had any incidents of violent misconduct within the last five years of their current incarceration. Offenses categorized as sexual assault, child abuse, sexual exploitation of a child, child trafficking, incest, and solicitation of child prostitution are also excluded from consideration.

For those who are eligible, the process begins with submitting an application to the Commutation Advisory Board. The board reviews submitted materials and selects cases for in-person interviews. At its first hearing, the board interviewed 12 individuals, with cases originating from counties across the state. The board is required to consider the impact any commutation would have on victims, survivors, and community members, as well as the personal development of the applicant during incarceration.

The board then makes recommendations to the governor. The governor’s office has indicated that commutation decisions will be released at a future date, with no firm timeline announced. This means applicants and their counsel should be prepared for a process that may unfold over months rather than weeks, though it is likely to conclude at the end of Gov. Evers’ term.

A separate executive order created a pathway for individuals sentenced to life in prison for offenses committed as juveniles. This provision is especially notable given evolving national jurisprudence on juvenile sentencing and reflects a recognition that individuals convicted as minors may have unique claims for relief based on maturation and rehabilitation.

More information on the process is available on Gov. Evers’ website.

What Factors Might Be Considered When a Commutation Application is Evaluated?

For practitioners assessing whether a client should pursue commutation, several factors may warrant careful consideration based on the guidance that has been provided and analyses of commutation boards from other jurisdictions, such as California.

The first is the strength of the rehabilitation narrative. The cases selected for the board’s first round of interviews illustrate the importance of demonstrating meaningful personal development during incarceration. For example, in the case of Mighty Howell, convicted of first-degree intentional homicide as a 17 year old in 1993, the victim’s family supported his release. And the case of Sabir Wilcher, who was 15 at the time of his offense and whose commutation was the only one affirmatively favored by the Milwaukee County District Attorney’s Office, similarly reflects how youth at the time of the offense, the passage of time, and institutional conduct can combine to create a compelling case.

Second, victim and community impact is not just a consideration — it is a requirement under the governor’s executive order. Practitioners should work with clients to understand the positions of victims and their families, as those positions can be decisive. Applications that include letters of support from victims’ families likely will carry significant weight.

Finally, practitioners should evaluate whether commutation is the most appropriate remedy among available options. Commutation is not the only path to sentence relief. Motions for sentence modification, earned release programming, and parole (where available) may be more appropriate depending on the client’s circumstances. Commutation is a discretionary executive act, and there is no right to it.

For clients with strong cases, however, this reopened avenue represents a meaningful opportunity that Wisconsin has not offered in decades.

Conclusion

The reestablishment of Wisconsin’s commutation application process represents a significant shift in the state’s approach to criminal justice. Rooted in constitutional authority and implemented through executive orders, the Commutation Advisory Board offers a structured path for individuals to seek sentence relief based on rehabilitation, victim impact, and the passage of time.

With over 800 applications already received and the first interviews completed, demand for this process is substantial. Practitioners should familiarize themselves with the eligibility criteria and prepare compelling application narratives grounded in demonstrable rehabilitation.

For many incarcerated individuals and their families, this may be a once-in-a-generation opportunity.

This article was originally published on the State Bar of Wisconsin’s Public Interest Law Section Blog. Visit the State Bar sections or the Public Interest Law Section web pages to learn more about the benefits of section membership.