Milwaukee Journal Sentinel

Fitzgerald supports differing policies

He backs increasing, reducing prison numbers

- Patrick Marley

MADISON - As he runs for Congress, state Senate Majority Leader Scott Fitzgerald wants to have it both ways on criminal justice.

The Republican leader from Juneau said Thursday he supports the criminal justice overhaul law President Donald Trump signed in December. That measure, called the First Step Act, resulted in more than 500 inmates being released early, allowed some offenders to avoid mandatory minimum sentences and provided drug treatment to more inmates.

But while Fitzgerald backs Trump’s new law, he also is rushing through state legislatio­n that would toughen penalties, sending more offenders to prison for longer periods.

In short, Fitzgerald is simultaneo­usly backing policies that would reduce the federal prison population and increase the state prison population.

“They are opposites. They are ideologica­l opposites,” Democratic Rep. Evan Goyke of Milwaukee said of the two approaches to criminal justice.

“The Republican authors (of the Wisconsin legislatio­n) pretty much say as much — these are people that should be behind bars longer. And Trump is saying these are people that should be behind bars shorter. I don’t see how you can square those two.”

Goyke, an opponent of the effort to toughen penalties, added: “This is nondebatab­le. This is not an opinion question and I hope to be Politifact­ed.”

Fitzgerald contended there was no contradict­ion in what he wants.

“Trying to give law enforcemen­t the tools they need to deal with those that continuall­y break the law is not necessaril­y in contrast with dealing with those who have been incarcerat­ed in the past and are trying to move on,” Fitzgerald told reporters. “So, no, I don’t see those two things in conflict at all.”

Fitzgerald is running for the seat U.S. Rep. Jim Sensenbren­ner — a supporter of Trump’s First Step Act — is giving up. Fitzgerald faces Democrat Tom Palzewicz in a heavily Republican district.

Fitzgerald and other Republican­s touted bills at a Thursday news conference that would provide $5 million in grants to enhance policing; increase penalties for vehicle theft, reckless driving and fleeing an officer; and toughen sentences for domestic abusers convicted of intimidati­ng witnesses.

The measures are part of a broader package that also would require the state to try to revoke extended supervisio­n for all offenders who are charged with committing a crime while on supervisio­n.

The Department of Correction­s

estimated that measure would boost costs by $211 million over two years because of a larger prison population. In addition to the higher operationa­l costs, the department maintains the state would have to build two prisons at a cost of perhaps $350 million each.

Fitzgerald said he didn’t know enough about that bill to say whether he would bring it to the floor of the Senate before the legislativ­e session wraps up in March.

But GOP Sen. Alberta Darling of River Hills argued it was important to take up the measure. Darling is the co-chair of the budget-writing Joint Finance Committee.

“As the co-chair of Finance, I’d like to say that public safety is one of our major responsibi­lities, so we can’t always talk about the costs and I think this bill is one of the major bills we have to look at,” she said.

Republican Rep. Joe Sanfelippo of New Berlin, the

“The people who focus solely on cost and use that as the reason why we can’t protect our families and our neighborho­ods, that just doesn’t hold water.” Rep. Joe Sanfelippo

sponsor of the bill, questioned the accuracy of the cost estimate. But the cost should not be the prime concern, he said.

“The people who focus solely on cost and use that as the reason why we can’t protect our families and our neighborho­ods, that just doesn’t hold water,” Sanfelippo said.

Two years ago, the Department of Correction­s and the independen­t Council of State Government­s reached similar cost estimates when they reviewed similar legislatio­n.

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