A budget request would nearly double incarceration costs in Wisconsin’s juvenile justice system. Many say the funds would be better used to prevent crime.
By Mario Koran
Wisconsin Watch
and Devin Blake
Milwaukee Neighborhood News Service
Wisconsin budgets nearly $463,000 a year to incarcerate each child at the state’s beleaguered juvenile prison complex in the North Woods, a figure that has ballooned over a decade as enrollment has plummeted.
A new Department of Corrections budget request would nearly double that figure to about $862,000 a year — 58 times what taxpayers spend on the average K-12 public school student.
It comes as efforts to close the Lincoln County complex — home to Lincoln Hills School for boys and Copper Lake School for girls — and build a new youth prison in Milwaukee have slowed to a crawl.
Six years after the Legislature approved the closure plan, Republican lawmakers and Democratic Gov. Tony Evers are blaming each other during funding and policy disagreements that have delayed the closure.
A 2018 legal settlement restricted how guards could discipline youth. That followed a series of scandals involving allegations of inhumane conditions, such as frequent use of pepper spray, strip searches and mechanical restraints and solitary confinement.
Republicans earlier this year pushed to lift pepper spray restrictions after a 16-year-old incarcerated at Lincoln Hills struck a counselor in the face, resulting in his death. A judge denied requests to alter the settlement in a dispute that has added to closure delays, the Milwaukee Journal Sentinel reported.
Meanwhile, the facility’s population is dwindling. As of late November, it served just 41 boys and 18 girls on a campus designed for more than 500 youth.
Wisconsin Watch and Milwaukee Neighborhood News Service spoke to judges, lawmakers, former prison staff and researchers about the eye-popping price tag to incarcerate fewer young people. They attributed the trends to demographic changes, a paradigm shift from large youth prisons to smaller regional facilities and scandals on the campus that made judges hesitant to send teens to Lincoln Hills.
“No judge wants to send a kid to Lincoln Hills,” said Milwaukee County Circuit Court Judge Laura Crivello, who has presided over juvenile cases. “You feel like you’re damning the kid. And if you look at the recidivism rates that come out of Lincoln Hills, you pretty much are damning a kid.”
Here’s a closer look at the numbers.
Who sets budgets for youth prisons?
Lincoln Hills and Copper Lake schools are the state’s only youth prisons, but they are among four main state facilities for young people convicted of serious juvenile offenses. The others are Mendota Mental Health Institute, a psychiatric hospital in Madison that treats youth involved in the juvenile justice system, and Grow Academy, a residential incarceration-alternative program outside of Madison.
The Legislature sets uniform daily rates that counties pay to send youth to any of the locations — spreading costs across all facilities.
In 2015, lawmakers approved a daily rate of $284 per juvenile across all four facilities, or nearly $104,000 a year. This year’s rate is $1,268 a day, or nearly $463,000 annually.
The annual per-student rate would jump to about $841,000 in 2025 and nearly $862,000 in 2026 if the Legislature approves the latest Department of Corrections funding request.
By contrast, Wisconsin spent an annual average of $14,882 per student in K-12 public schools in 2023, according to the Wisconsin Policy Forum.
Why have costs ballooned?
A campus built for more than 500 is mostly underused as enrollment declines, but taxpayers must still pay to maintain the same large space. It affects county budgets since they pay for youth they send to state juvenile correctional facilities.
Fixed infrastructure and staffing costs account for the largest share of expenses, said department spokesperson Beth Hardtke. Spreading the costs among fewer juveniles inflates the per capita price tag.
But taxpayers haven’t seen overall savings from the steep drop in enrollment either. The state in 2015 budgeted about $25.9 million for the Lincoln Hills and Copper Lake complex. That number climbed to about $31.3 million by 2023 with the addition of staff — a cost increase nearly in line with inflation during that period.
Driving requests to further hike rates: The Department of Corrections seeks $19.4 million in 2026 and $19.8 million in 2027 to expand Mendota Mental Health Institute’s capacity from 29 beds for boys to 93 beds serving girls or boys — an expansion required by state law.
The expansion requires adding 123 positions at the facility. Such additions affect calculations for the rates of all state facilities for incarcerated juveniles, including Lincoln Hills.
Why are there fewer incarcerated students?
The trends driving high costs at Lincoln Hills started more than 20 years ago, said Jason Stein, president of the Wisconsin Policy Forum.
First, Wisconsin is home to increasingly fewer young people.
The state’s population of youth under 18 has been shrinking. The state saw a 3.2% dip between 2012 and 2021 — from 1,317,004 juveniles to 1,274,605 juveniles, according to a Legislative Fiscal Bureau report.
Juvenile arrests in Wisconsin dropped by 66% during the same period.
Meanwhile, judges became reluctant to sentence juveniles to Lincoln Hills — even before abuse allegations escalated and prompted authorities to raid the campus in 2015.
“I was the presiding judge at Children’s Court, when we blew open the fact that kids weren’t getting an education and they were having their arms broken,” said Mary Triggiano, an adjunct professor at Marquette University Law School and former District 1 Circuit Court chief judge.
“But we knew before that there were problems with Lincoln Hills because we watched the recidivism rates. We would bring in DOC and say: ‘Tell me what kind of services you’re going to give. Tell me why they’re not in school. Tell me why you’re keeping them in segregation for hours and hours and hours’ — when we know that’s awful for kids who experience trauma.”
Enrollment dropped and costs increased, but outcomes didn’t improve.
More than 61% of the 131 boys who left Lincoln Hills in 2018 committed a new offense within three years, while about 47% of the 15 girls who left Copper Lake reoffended. The recidivism rate for boys during that period was roughly the same as it was for those released in 2014. The rate for girls was worse than the nearly 42% it was four years earlier.
Stein compared Lincoln Hills to a restaurant that tries to compensate for lost customers by raising meal prices. If prices keep rising, customers will look for a different restaurant, he said.
“That, in a nutshell, is how you get into this spiral where you’re seeing fewer residents, higher rates, and greater costs for counties,” Stein said. “Then it’s just rinse and repeat.”
How much do other states spend to incarcerate youth?
Wisconsin is not the only state spending hundreds of thousands of dollars per juvenile it incarcerates.
A 2020 Justice Policy Institute report showed Wisconsin spent less than the national average in 2020. But Wisconsin’s per-juvenile costs have since more than tripled as Lincoln Hills remains open and incarcerates fewer young people.
Incarcerating juveniles is generally more expensive than it is for adults, said Ryan King, director of research and policy at Justice Policy Institute. Rehabilitation plays a bigger role in juvenile corrections, and those programs cost more. Incarcerated children typically access more counseling, education and case management programs.
States nationwide are rethinking their approach to youth incarceration as crime rates fall and more research shows how prison damages children, King said.
“There was an acknowledgement that locking kids up was not only failing to make communities safer, but it was making kids worse, and really just putting them in a position where they were more likely to end up in the adult system,” he said.
How is Wisconsin trying to reshape juvenile justice?
In 2018, then-Gov. Scott Walker signed Act 185, designed to restructure the state’s juvenile justice system. The law kicked off plans for a new state youth prison in Milwaukee and authorized counties to build their own secure, residential care centers.
Milwaukee and Racine counties are moving forward on such plans to build these centers. The centers function similarly to county jails: County officials operate them under Department of Corrections oversight. Officials hope keeping youth closer to home will help them maintain family connections.
“We have always pushed smaller is better. You can’t warehouse young people like you do adults,” said Sharlen Moore, a Milwaukee alderwoman and co-founder of Youth Justice Milwaukee. “Their brain just doesn’t comprehend things in that way.”
The law aimed to close troubled Lincoln Hills and give judges more options at sentencing while balancing the needs of juvenile offenders and the public. But those options have yet to fully develop.
Today’s alternative programs typically have limited space and extensive waitlists. That won’t be fixed until more regional facilities go online.
How else could Wisconsin spend on troubled youth?
Triggiano, now director of the Marquette Law School’s Andrew Center for Restorative Justice, was astounded to learn youth incarceration costs could nearly double next year.
“You just want to drop to your knees because if I had that money, we had that money, what could we do differently?” she said.
She quickly offered ideas: programs that recognize how traumatic experiences shape behavior, violence prevention outreach in schools, community mentorship programs — evidence-based practices shown to help children and teens. Milwaukee County had worked to create some of those programs before funding was pulled, Triggiano said.
“It all got blown up in a variety of ways at every juncture,” she said. “Now there’s going to be an attachment to the secure detention facility because that’s all people could muster up after being slammed down every time we tried to do something that we thought was going to work.”
State Rep. Darrin Madison, D-Milwaukee, echoed Triggiano and offered additional spending suggestions, such as housing resources, mental health support and summer jobs programs.
“The cost of sending one young person to Lincoln Hills would be enough to pay several young people working jobs over summer or the span of the school year,” Madison said.
Wisconsin’s disproportionate spending on incarcerating its young people runs counter to the Wisconsin Idea, its historical commitment to education, he added.
“We’re so committed to incarcerating people that we’re willing to eat the cost of doing so, as opposed to making investments in deterrence and getting at the root cause of the problems.”
This article first appeared on Wisconsin Watch and is republished here under a Creative Commons license.