Governor Evers recently signed two Executive Orders relating to commutations of sentences. Executive Order 287 creates an advisory board to evaluate requests for these actions. Executive Order 288 creates a process to evaluate commutations for life sentences imposed for crimes that the defendant committed as a juvenile.
These Executive Orders are intended to reform Wisconsin’s criminal justice system and to restore a process that has not been utilized in the state for 25 years. As such, it is essential that you understand the forms of relief available to you and the differences between them, which you can learn by speaking with a criminal defense lawyer at Hogan Eickhoff.
Signed by Governor Tony Evers on April 3, 2026, Executive Order 287 restores Wisconsin’s commutation process for the first time in over 25 years. A commutation reduces a prison sentence and differs from a pardon, which only restores certain rights. The order establishes a 14-member Commutation Advisory Board to evaluate applications and make recommendations to the governor.
To be eligible, applicants must have served at least half their sentence or at least 20 years of a life sentence and demonstrate good behavior. Certain offenses, including sexual assault and crimes against children, are excluded. Victims and survivors may also provide input throughout the process.
Signed alongside Executive Order 287 on April 3, 2026, Executive Order 288 creates a separate commutation process specifically for individuals who were tried as adults and sentenced to life in prison for crimes committed as juveniles. The order acknowledges a growing body of neuroscientific research demonstrating that the human brain continues developing well into a person’s mid-twenties, affecting behavior and decision-making.
It also reflects past court rulings finding mandatory life sentences without parole for juveniles unconstitutional. The process recognizes that young people have a significant capacity for change and rehabilitation, and provides a pathway for review, redemption, and potential release.
Commutation is when the governor, or other executive authority, reduces or removes a criminal sentence. Here, the conviction remains on the defendant’s criminal record, but the sentence is reduced. If a defendant is incarcerated because of their conviction, they can be released from prison if that is what the governor decides.
For example, the governor may decide to reduce a life sentence in prison to time served, either in an attempt to allow the inmate to rehabilitate themselves or because they believe the sentence to be overly harsh. The governor may decide to commute a sentence because the inmate has been exemplary behind bars, and they have made large strides in rehabilitating themselves.
The commutation process considers input from both the defendant and the victim. The system is intended to balance the interests of a defendant and the victims. The commutation system recognizes that certain defendants may deserve a second chance, while also maintaining accountability for any crimes that have been committed.
Although commutations, pardons, and reprieves have some similar end effects, there are key differences between these forms of relief. Commutations may be granted when a defendant is currently incarcerated for the crime. A commutation does not entirely remove the conviction, but it does allow a defendant to be released from prison, either immediately or earlier than the date that they were scheduled to be released. Commutations may also reduce supervised release or probation that the defendant is serving.
Under Wisconsin law, pardons cannot be granted to someone who is currently incarcerated. The defendant must have completed their sentence, including jail time and probation. One cannot file an application for a pardon until five years after they have completed their sentence. The governor then considers the request for a pardon and determines whether to grant it.
When one receives a pardon, it restores the rights that they have lost because of their status as a convicted criminal. For example, if one has been convicted of a felony and has lost their right to carry firearms, it would now be restored. However, a pardon does not remove the conviction from someone’s record, and it would remain there unless they are otherwise eligible for expungement.
A reprieve is a temporary pause or delay of a sentence that has been imposed. Here, a defendant is able to remain out of prison during the period of the reprieve. For example, the defendant may receive a reprieve for humanitarian reasons, such as their own personal illness or a sick family member. A defendant could also be granted a reprieve to allow them more time to appeal their conviction.
The commutation does not result in an expungement of your conviction from your record. You still have a criminal record that can follow you for the rest of your life. Since Wisconsin has relatively strict expungement laws, it may not be possible to achieve that outcome, even if your sentence has been commuted.
If you have lost some of your rights, such as being able to own a firearm, you do not recover them if your sentence has been commuted. To recover all of your civil rights, you must file an application seeking a pardon from the governor. Nevertheless, even though commutation is a limited form of relief, it can still help you begin to move forward and rebuild your life.
If you have a loved one who is incarcerated or you are seeking a pardon, you should seek help from our Appleton criminal defense attorneys at Hogan Eickhoff. Since commutation is a new process, you must have an experienced advocate who can oversee every step, and that is exactly how our lawyers can help. You can schedule a free initial consultation with a criminal defense lawyer by messaging us online or by contacting us today at (920) 450-9800. The system is being reformed to help criminal defendants and inmates, and you should see if you can qualify for any form of relief. Learn more about the ways we can help defend various misdemeanors and felonies including drug offenses, domestic violence, sex offenses, property crimes and violent crimes.
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