Following a Special Session on Crime, Where Should Louisiana Go from Here?
Earlier this year, Louisiana lawmakers, prompted by Governor Landry and in keeping with the “tough on crime” mantra he used throughout his campaign, passed sweeping legislation to increase criminal penalties, curb judicial discretion, lower the age for conviction as a juvenile, cut good time incentives for those in prison, and all but end parole. While we observe the effects of those policy changes that largely went into effect in August 2024, many are wondering where Louisiana should go from here to tackle other unaddressed needs in the state’s criminal justice system.
We believe there are four areas worthy of attention and where opportunity lies for impact.
First, Louisiana desperately needs a solution to its longstanding crime data problem so that it can accurately track prisoners’ dates of entry and release consistent with court orders and other important incidents and activities that occur throughout their incarceration. The state has been plagued with consecutive state audit findings, lawsuits, and even a federal investigation for keeping inmates behind bars well past their release dates.
State officials at the Louisiana Department of Public Safety and Corrections claim their process of reviewing release dates is indeed adequate, but how the agency is improving its antiquated system of data collection, sharing, and analysis remains unclear. Recognizing the enormous complexity of building and maintaining data systems that work across state and local facilities where prisoners are housed, other states have begun working with data experts from the private and non-profit sectors, including Recidiviz, which has more than once offered its help in solving this Louisiana problem.
Better data is also essential for evaluating the effectiveness of publicly funded re-entry programs meant to ease the transition out of jail and back into society, improve outcomes like getting a job and achieving self-sufficiency, and reducing recidivism (going back to jail for reoffending). This second priority is one of general oversight of the state’s public safety and corrections system, and it should include a regular review of data and evidence to know if laws, regulations, and programming are producing positive outcomes or need to be changed. The last administration touted a “Governor’s Justice Implementation Oversight Council,” but it rarely met and was led by the very people overseeing this work within the Department, leading many to call out potential conflicts of interest. Governor Landry and lawmakers would do well to establish a joint oversight entity that regularly meets to review data and evidence-based practices to inform their leadership in this critical area.
Third, Louisiana lawmakers must resume the important work of addressing the ineffective and fiscally unreliable patchwork of fines and fees that fund many courts and law enforcement offices throughout the state. A 2022 article summed it up well:
Lawmakers created the Louisiana Commission on Justice System Funding in 2019, in part to look for ways to fund local courts that won’t trap poor people in a cycle of debt and incarceration. Like many states, Louisiana levies fines and fees on criminal defendants to fund a significant portion of essential government functions, including the court system.
Court fees raise money for clerks, sheriffs, marshals, public defenders, buildings and security, district attorneys, juries, postage, crime labs, the local Crime Stoppers nonprofit, and many more. These small fees add up for defendants, often accompanied by surcharges for missed payments. A simple traffic ticket can balloon into hundreds or thousands of dollars if you cannot afford to pay. Then, if you don’t appear for their court date, you may be arrested, with contempt fines added.
But three years after lawmakers created the funding commission, wary local officials continue to resist reforms. Meanwhile, the state’s commission on court funding has sputtered without issuing substantial recommendations or even compiling some of the basic information needed to help reform a system that’s both morally dubious and financially unstable.
In February 2022, the Commission submitted a report to the Legislature recommending continuation of its work, acknowledging continuing issues with the present system and much work left to accomplish to transition away from it.
Finally, following many years of Louisiana adding new crimes and penalties to its laws, lawmakers should undertake a comprehensive review of sentencing provisions, looking at different consequences for similar crimes and how they compare to other states. State sentencing laws should be coherent and make sense across the board, allowing courts, law enforcement agencies, and the public to easily understand how they work. Some have called for a model like the federal felony class system, which groups felonies and their maximum prison time into categories based on the seriousness of the crime.
By focusing on these four key priorities and opportunities for impact, state leaders can remedy longstanding problems and accelerate positive outcomes to make a safer Louisiana.
