Wisconsin’s Evers urges federal judge not to make changes at youth prison in wake of counselor death

MADISON, Wis. (AP) — Gov. Tony Evers asked a federal judge Wednesday not to impose any changes at Wisconsin’s youth prison after an inmate was accused of killing a counselor during a fight earlier this summer, insisting conditions at the prison have been slowly improving despite the death.

Evers, a Democrat, said in the letter to James Peterson, chief judge for the Western District of Wisconsin, that Republican lawmakers could soon ask him to give Lincoln Hills-Copper Lakes Schools more leeway in punishing incarcerated children. The governor said that it’s important to remember that brutal staff-on-inmate punishments led to tighter restrictions on what action staff can take.

Lincoln Hills-Copper Lake is Wisconsin’s only youth prison. The facility has been plagued by allegations of staff-on-inmate abuse, including excessive use of pepper spray, restraints and strip searches.

The American Civil Liberties Union filed a federal lawsuit in Madison in 2017 demanding changes at the prison. Then-Gov. Scott Walker’s administration settled the lawsuit in 2018 by agreeing to abide by a consent decree that prohibits punitive confinement, restricts confinement to 12 hours, restricts the use of mechanical restraints to handcuffs and prohibits the use of pepper spray. A court-appointed monitor has been checking the prison’s compliance ever since.

According to prosecutors, a 16-year-old boy attacked a counselor on June 24, punching her before fleeing into an outdoor courtyard. Counselor Corey Proulx confronted him, and the boy punched him in the face. Proulx fell and hit his head on concrete pavement. He was pronounced brain-dead two days later.

His death has pushed Lincoln Hills-Copper Lake staff to demand more freedom in dealing with inmates. Republican lawmakers sympathetic to their demands have been talking about asking Peterson to revise the consent decree to give them more latitude, including allowing them to use pepper spray. Sen. Van Wanggaard, chair of the Senate judiciary committee, released a letter Wednesday to state Corrections Secretary Jared Hoy signed by a host of GOP legislators demanding he ask Peterson for changes.

“Lincoln Hills staff need to get the bullseye off their back, so that they may safely and efficiently ensure the security and welfare of themselves and the residents of Lincoln Hills,” the letter said.

Asked if Hoy would comply, Evers spokesperson Britt Cudaback released Evers’ letter to Peterson. The letter was dated Wednesday, but Cudaback said the administration had been working on it before receiving the Republicans’ request.

Evers reminded Peterson in the letter of the abuse that led to the consent decree in the first place and said Republicans are refusing to acknowledge that history. The governor added that he doubts the ACLU would support any changes.

He went on to detail changes at the youth prison, saying relationships between staff and inmates have improved and that Hoy received a letter last week from the president of Council of Juvenile Justice Administrators board recognizing Wisconsin as an emerging leader in prison reforms.

Evers added that since Proulx’s death, the facility has been working to increase staff-to-inmate ratios, utilizing overtime when needed. Supervisors regularly ask staff about their comfort levels, especially when staffing levels are lower, he said.

He intends to visit the prison later this month, and Hoy has been working there at least one day a week since Proulx’s death, the governor wrote.

Emily Stedman, one of the lead attorneys for the ACLU in the 2017 lawsuit, didn’t immediately respond to an email seeking comment on the governor’s letter.

Wanggaard aide Scott Kelly said in a text to The Associated Press on Wednesday evening that instead of being open to balance and change, Evers was instead doubling down on policies that created the dangerous conditions at the prison.