My Life After Prison

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The Louisiana Legislature…

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Help is NOT on the way.

From the moment Jeff Landry took the oath of office, Louisiana has experienced a barrage of initiatives that, for many, signal not just a new approach to governance but also a definitive departure from past practices. Whereas Governor John Bel Edwards was seen as a reformer and a bearer of good change, Landry has from the outset seemed to be a bearer of bad tidings.

Landry made it very clear from the outset that he wanted to do a massive rollback of all of the reforms to the criminal justice system that had take place under Edwards’ administration, ALL of which were done under the label of bipartisanship. At the time of their introduction, testimony, evidence and support was presented by many in the community, and strong voices for advocacy were heard by all of the committees. Evidence was presented to the committees, statistics were given, and in the end, both parties agreed that the changes were needed. Edwards wasted no time in signing the bills, and they became law.

With Landry’s advent upon the scene, he wasted no time in undoing ALL of it. Remember, though, that Landry came into office with only a fraction of the state’s voting populace. Records show that AG Jeff Landry won the governor’s office with 547,827 votes. Louisiana has 2,970,167 registered voters – meaning that Landry was elected by getting support from 18 percent of the state’s voters.

Unofficial turnout was 35.8 percent, records at the Secretary of State show. That’s the lowest turnout number since 1999, which is the earliest figures on the SOS website. The election that came closest, in 2011, was 37.4 percent turnout when incumbent Bobby Jindal ran for re-election with no significant challenge.

If you look at how many eligible voters there are, Landry’s percent drops even more. It’s estimated that there are 3,463,372 people in Louisiana who are eligible to vote. His 547,827 votes are only 16 percent of that number.

So, Landry clearly DID NOT come into office with anything approaching a mandate from “the people”. 18% of a state’s voting base is nowhere near a mandate. Yet his voice is strident as he basically tells voters that, “If you don’t like it, go!”

And, indeed, that’s what people are doing – going. The tone in Louisiana is “I’d better get out of here now, because they’ll come after me next.” And, Landry makes no bones that he and the legislature are going to do exactly that.

Just in the past few weeks, the legislature has taken strong and strident steps, blocking virtually all input from the public on major legislation. Just recently, they’ve done the following:

The new laws fulfill Landry’s campaign promises and mark a big win early in his term. They reverse some criminal justice policies from the previous governor, Edwards, aiming to cut costs by jailing fewer people. This shift puts funding for victim services at risk.

ACTIONS BY THE LEGISLATURE

How much will Gov. Jeff Landry’s criminal justice changes cost? State officials can’t say.

Governor Jeff Landry’s criminal justice package in Louisiana has raised questions about its cost. Here are the key points:

wiDeath Penalty:

  • Proposal: Governor Landry sought to resume death row executions after a 14-year pause.
  • Legislature’s Response: They passed a bill that adds nitrogen gas and electrocution as execution methods.
  • Outcome: Governor Landry signed the bill expanding execution methods.
  1. Juvenile Offenders:
    • Proposal: Measures to address violent carjackings, shootings, and homicides committed by youths.
    • Legislature’s Response:
      • A bill treating all 17-year-olds charged with crimes as adults (a rollback of the state’s “Raise the Age” law).
      • A law making certain juvenile criminal records public.
    • Outcome: Both bills related to juvenile offenders were signed into law.
  2. Parole:
    • Proposal: Sweeping changes to determine how long certain incarcerated people remain in prison and when, or if, they would be allowed a second chance at freedom.
    • Legislature’s Response:
      • A bill that effectively eliminates parole for anyone convicted after August 1, with few exceptions.
      • A bill that reduces the amount of “good time credit” that prisoners can accumulate.
    • Outcome: Both bills related to parole were signed into law.

The cost estimates for these proposals have not been released by the Legislature’s financial analysts. Republican lawmakers argue that safety outweighs costs, emphasizing the need for public safety even thout precise expense figures.

Summary: Governor Landry’s crime bills cover execution methods, juvenile offenders, and parole. While the cost remains uncertain, lawmakers prioritize safety over expenses.

The impact of Governor Landry’s crime legislation during the special session appears to be substantial, especially considering Louisiana’s existing budget challenges. Here are the key points:

  1. Lengthening Prison Sentences:
    • Governor Landry supports proposals to extend prison sentences, making it tougher for incarcerated individuals to be released.
    • These measures are likely to increase Louisiana’s inmate population and result in additional costs for the state over the long term.
  2. Budget Implications:
    • Thirteen of Landry’s criminal justice bills would contribute to state spending, as indicated by fiscal notes attached to the legislation.
    • Budget analysts have labeled these items as causing an “indeterminable increase” in the state’s financial obligations.
  3. Expensive Measures:
    • Bills aimed at lengthening prison sentences for carjacking, increasing penalties for illegal weapon use, and significantly reducing parole are particularly costly.
    • The prison system’s expenses could potentially grow by more than $11 million each per year if the harshest sentences are consistently imposed, according to analysts.

It’s essential to weigh the impact on public safety against the financial burden when considering these tough-on-crime measures.

‘We will find a way…’

Certainly, the debate over the cost of Governor Landry’s crime legislation is a critical aspect. Here are the key points:

  • Republican Perspective:
    • Republicans supporting the legislation argue that the costs are justified because public safety is of utmost importance.
    • Representative Debbie Villio, a former prosecutor and sponsor of legislation to eliminate most parole, acknowledges that this isn’t necessarily a fiscally responsible bill but emphasizes the priority of safety.
  • Budget Implications:
    • The expenses associated with these measures could potentially exacerbate future state budget gaps.
    • Louisiana is projected to face annual financial shortfalls exceeding half a billion dollars starting in 2025.
    • The expiration of a 0.45% portion of the state sales tax next year will leave the state financially strained.
    • Governor Landry’s additional public safety spending will contribute to widening those budget holes.
  • Other Measures:
    • Governor Landry’s plan to add a state police troop in New Orleans is estimated to cost $10 million over the next four months.
    • Senate President Pro Tempore Regina Barrow raises a valid question: Where will the funding come from?

Balancing public safety with fiscal responsibility remains a critical challenge for policymakers in Louisiana.

GOP cutbacks

Over the past year, Republicans have been willing to pick over several other budget proposals in the name of fiscal responsibility. 

Due to the planned sales tax cut next year, Landry and GOP lawmakers have said they don’t think the state can afford to give public school teachers a permanent raise.

The governor stripped funding for several programs, including domestic violence shelters, from his first state budget proposal in an effort to cut public spending. He also issued an executive order last month directing state agency heads to look for savings and budget cuts within their own departments.  

The governor’s own public safety bills haven’t been subjected to the same scrutiny. 

“I haven’t seen that [cash] machine yet, but we’ve got some money coming from somewhere,” Sen. Gerald Boudreaux, D-Lafayette, joked last week during a discussion of the financial impact of Landry’s crime legislation. “I don’t want to get to the point where we ignore the fiscal part of these plans.”

Lawmakers are moving the governor’s public safety bills so fast that the fiscal analyses of proposals haven’t even been completed. Good government doesn’t act, react, or respond in this manner.

Legislative staff are still waiting on information from the Department of Public Safety and Corrections, the Louisiana Sheriffs Association and the Louisiana District Attorneys Association to finish financial impact reports for nine bills, according to their notes. 

THE MONEY HAS TO COME FROM SOMEWHERE…

Despite the lack of concrete data, the legislation continues to advance. The proposals were poised for final votes by the end of the week. Scott Peyton, director of Right on Crime, a conservative organization advocating for less incarceration, observes that conservatives, especially concerning public safety, are often willing to issue a blank check. That check may bounce, says the author, who has 47 years of experience behind the bars of Angola.

Some Republican lawmakers anticipate that the financial impact of lengthening prison sentences may not be as severe as the legislative analyses suggest. Their argument is that more severe sentencing should act as a deterrent, dissuading individuals from committing crimes and ending up in prison. The author says he can’t think of a single person who actually stopped and thought about the ultimate consequences of their decision to commit a crime.

However, studies paint a different picture. Over the past two decades, 19 states (including Texas and Mississippi) have successfully lowered their prison populations and crime rates by investing in rehabilitative programs for formerly incarcerated individuals and exploring prison alternatives. Research consistently shows that higher incarceration rates do not necessarily correlate with lower violent crime rates.

Louisiana’s history reflects this struggle. Despite decades of adopting a tough-on-crime approach, the state continued to grapple with one of the country’s highest crime rates. Balancing public safety and fiscal responsibility remains a complex challenge for policymakers.

Former Governor John Bel Edwards took a different approach in 2017, working alongside state lawmakers to reduce prison sentences and expand parole and probation opportunities. This bipartisan strategy resulted in significant savings on incarceration expenses over seven years, while also allocating funds toward crime prevention programs and victim services.

However, Governor Landry attributes the spike in violent crime during the COVID-19 pandemic in 2020 and 2021 to Edwards’ criminal justice overhaul. Republicans share concerns about ongoing issues with teenagers in the juvenile justice system, including destruction and escapes from state facilities across Louisiana.

Senator Heather Cloud, a supporter of Landry’s criminal justice package, emphasizes that while discussions often focus on the financial costs of these bills, investing in them ultimately translates to saving lives.

IN CONTRAST, LOOK AT EDWARDS’ APPROACH TO CRIME

Former Governor John Bel Edwards implemented several key strategies that contributed to cost savings in Louisiana’s criminal justice system:

  1. Reduced Prison Sentences:
    • Edwards worked with state lawmakers to shorten prison sentences for certain offenses.
    • By reducing the length of incarceration, the state saved on expenses related to housing, food, and medical care for inmates.
  2. Expanded Parole and Probation Opportunities:
    • The bipartisan approach allowed for more individuals to be eligible for parole and probation.
    • This shift helped decrease the prison population and, consequently, the associated costs.
  3. Investment in Crime Prevention Programs:
    • Instead of solely focusing on punitive measures, Edwards allocated resources to rehabilitative programs.
    • These programs aimed to address the root causes of criminal behavior, reducing recidivism and long-term incarceration costs.
  4. Victim Services:
    • Edwards prioritized funding for victim services, providing support to those affected by crime.
    • By assisting victims, the state aimed to prevent future criminal activity and promote community safety.

Overall, Edwards’ approach emphasized a balance between public safety and fiscal responsibility, resulting in significant savings while maintaining a focus on rehabilitation and prevention.

PHOTO GOES HERE

While Landry has clearly stated and shown his intention to impose harsher penalties, he is also making extensive moves to block prisoners from gathering information to pursue post-conviction relief from their convictions.

Not only is he attempting to shield his office and most state agencies’ records from public inspection, he has made explicit moves to specifically block prisoners from obtaining hidden files, say from prosecutors who may have hidden the information before/during trial, or medical examiners who may have records relating to the case. Another layer of bureaucracy to wade through. An excerpt of the proposed statute is below.

Landry Is Doing ANYTHING to hide his files from public view, and especially from prisoners who they might FREE.

A database created in Louisiana in 2015 to help track the certifications of police officers has failed to keep cops convicted of crimes off police departments in the state. THE APPEAL/INVISIBLE INSTITUTE THE MARSHALL PROJECT IN Context: Police recruiters have a few questions. THE MARSHALL PROJECT

The National Crime Victimization Survey (NCVS), administered by the US Census Bureau under the Department of Commerce, provides valuable insights into criminal victimization. Here are some key points based on the NCVS:

  1. Frequency of Crime Victimization:
  2. Information Collected: For each victimization incident, the NCVS gathers information about:
    • The offender, including age, race, sex, and victim-offender relationship.
    • Characteristics of the crime, such as time and place of occurrence, use of weapons, injuries sustained by the victim, and economic consequences.
    • Whether the crime was reported to the police.
    • Reasons for reporting or not reporting the crime.
    • Victim experiences with the criminal justice system1.
  3. Historical Context:

While the NCVS provides valuable data, it’s essential to recognize that victim preferences and needs can vary significantly. Policymakers must consider a range of perspectives when addressing crime prevention and victim services

Most victims of crime express a desire for fairer penalties rather than excessively harsh ones. While it’s essential to hold offenders accountable, research shows that overly severe punishments may not necessarily enhance public safety or address the needs of victims12. Striking a balance between justice, rehabilitation, and victim support remains a complex challenge for policymakers.

According to REASON.COM:

Two recent reports from the U.S. Sentencing Commission (USSC) shed light on the legal treatment of sex offenders and further undermine the prevailing assumption that all members of that broad class pose similar threats to public safety. That assumption, which underlies both harsh punishments and indiscriminate registration requirements, is demonstrably wrong.

Harsher sentences for those who commit sexual assaults are not the solution to the prevalence of these crimes, according to a paper published in the Southwestern University Law Review.

“While it is more or less assumed that longer sentences mean more justice, the reality is much more complicated and nuanced to the extent that our conception of justice is concerned with effectively preventing sexual harm and holding people accountable for that harm,” wrote Guy Hamilton-Smith, a Legal Fellow at the Sex Offense Litigation and Policy Resource Center at the Mitchell Hamline School of Law.

Louisiana is not alone in efforts to tighten restrictions on prisoners seeking relief from wrongful convictions. New York has recently deprived its prisoners

New York Gov. Kathy Hochul vetoed a bill just before Christmas that would have made it easier for people who have pleaded guilty to crimes to challenge their convictions, Maysoon Kahn reports for the Associated Press. The bill would have expanded the types of evidence that could be considered proof of innocence, including video footage or evidence of someone else confessing to a crime and would have allowed consideration for arguments that a person was coerced into a false guilty plea.

Under existing state law, criminal defendants who plead guilty are usually barred from trying to get their cases reopened based on a new claim of innocence, except in certain circumstances involving new DNA evidence. Prosecutors and advocates for crime victims warned the bill would have opened the floodgates to endless, frivolous legal appeals by the guilty. State Senator Zellnor Myrie, a New York City Democrat who sponsored the bill, said he is considering reintroducing the bill in the next legislative session to give innocent people a “fair chance to reverse a terrible wrong.”

Just because all Americans are supposed to get their day in court doesn’t mean they get justice. But thanks to DNA testing, higher societal awareness and more prosecutorial accountability, the tide is turning from widespread incarceration to freedom and exoneration for wrongly imprisoned persons.

The National Registry of Exonerations found that Texas, despite having some of the toughest laws on crime, led the nation with 363 exonerations in the last 30 years. Other top states based on total numbers of exonerations were Illinois, New York, and California. In Louisiana, which had 63 exonerations in that period, New Orleans is said to be the wrongful conviction capital of the U.S.

Being exonerated of a crime following conviction, of course, does not guarantee that the person will be compensated for all the years stolen from their lives. Louisiana ranks very high in the number of exonerations per 100,000 citizens.  (63)  They also rank very low in cash compensation to wrongfully convicted and exonerated individuals.

In theory, Louisiana provides compensation to exonerees for their wrongful imprisonment. In practice, however, this very seldom happens.

Often, prisoners who are exonerated after DECADES behind bars are never compensated, and sometimes die before ever being understood by the society that wrongfully convicted him/her.

4 eji.org

Louisiana is notorious for this type of action. Failures of the justice system lead to failures of society as a whole. When the system fails, we all fail. When it works, it is often too late.

Political color map of Louisiana, USA federal state. Highly detailed map of Southern American region with territory borders and counties names labeled vector illustration

Are the FEDS in a quandary?

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It WORKS, but are the politicians paying attention?


Mar 24 

Written By William Kissinger

Federal Prisons Are Over Capacity — Yet Efforts to Ease Overcrowding Are Ending.

The Bureau of Prisons’ system is in trouble and needs serious upgrades on several fronts. Incarcerating older adults is very expensive, as they require more medical care, which is especially costly behind bars because prisons have to supply transportation to and security at hospitals. Research suggests that it costs twice as much to keep an older person in prison than a younger one.

The second program is part of the CARES Act, passed in 2020, which addressed issues related to COVID-19. It allowed people to finish their prison sentences at home, to ease overcrowding at the height of the pandemic. But legislation, sponsored by Republican Sen. Marsha Blackburn of Tennessee, could force participants to return to prison. “Now that the COVID-19 emergency is over, the policy is no longer feasible,” Blackburn tweeted on Dec. 3, 2023.

Both liberal and conservative organizations have pushed back against these efforts to send people back to prison, citing data that shows the CARES program poses little public safety risk. According to a statement from President Joe Biden’s office in November 2023, of the more than 13,000 people released to home confinement under the CARES Act, “less than 1% have committed a new offense — mostly for nonviolent, low-level offenses — and all were returned to prison as a result.”

According to the White House, the program has eased the burden on BOP staff and has saved millions of dollars. Those savings could be especially important as the bureau tries to address deteriorating prisons that need expensive maintenance and repairs. The agency’s Office of the Inspector General recently identified unsanitary and potentially unsafe conditions at a federal women’s prison in Florida.

Among other health and safety issues, investigators found rats, moldy food and leaky roofs. “We observed housing areas in which feminine hygiene products were being used to absorb water from leaking windows, an electrical outlet that appeared to have fire damage, a sink that was detached from the wall, and a black substance on walls and ceiling,” investigators wrote. The problems are system-wide. Colette Peters, director of the bureau, told lawmakers in late 2023 that there was a $2 billion backlog for maintenance and repairs.

But over the last decade, the bureau has received an average of roughly $100 million per year for repairs. “As a result, our current infrastructure needs are significant,” Peters said. Failing infrastructure is not the only issue Peters flagged. Despite recent improvements, she said staff recruitment and retention remains a challenge. The New York Times reported on a federal facility in Colorado where staffing was “so low that teachers, case managers, counselors, facilities workers and even secretaries at the complex have been enlisted to serve as corrections officers, despite having only basic security training.”

And The Marshall Project investigated a federal prison in Illinois, where several people died in recent years. One employee at that facility told The QuadCity Times that conditions there “have cultivated an environment with catastrophic potential.” High prisoner-to-staff ratios can have serious consequences. High-profile deaths and injuries in federal prisons, like the stabbing of Derek Chauvin in November 2023, have highlighted the problem.

The inspector general said that short staffing contributed to conditions that allowed Jeffrey Epstein’s suicide in a federal jail in Manhattan in 2019. That jail was ultimately closed in 2021 due to the poor conditions, but its companion facility in Brooklyn has seen similar issues. In January 2024, a federal judge refused to send a man there, citing the inhumane treatment. In a letter to bureau officials in late 2022, Colorado senators wrote about staffing concerns at the federal complex in Florence, southwest of Colorado Springs. The complex includes the only federal Supermax prison, where there were two homicides of incarcerated people and six serious assaults in 2022. In the letter, the senators estimated that the facility was short at least 188 staff members. The dangerous conditions create a downward spiral, leading more staff to leave, the senators argued.

“Fatigue, exhaustion, and low morale have reduced staff productivity and led to more sick leave, retirements, and resignations,” they wrote. Short-staffing also creates a cycle that can make it harder to release people and ease the burden on the system. The First Step Act allows people to earn credits toward early release by participating in educational programming.

But Joe Rojas, a literacy coordinator at the Coleman prison complex in central Florida, told The Bureau of Prisons faces a host of major challenges. Federal prisons are chronically short-staffed, creating dangerous conditions for both the people working there and for those who are incarcerated. The aging buildings need major repairs and maintenance. The bureau estimates its already overcrowded prison population will expand to 10% over capacity in 2024. Despite the grim conditions, two programs — which allow people to live in their communities while serving their sentences if they are not likely to commit new crimes — have ended, or are at risk of ending.

Former BOP staffers and advocates for prisoners’ rights say that could increase the prison population at a time when resources are already strained. The Elderly Offender Program allowed people 60 and older who had served most of their sentences, and were incarcerated for an offense categorized as nonviolent or non-sexual, to be released to home confinement.

It was a pilot program expanded by the First Step Act, which took effect in 2018. The program expired in September 2023. Older people are far less likely to commit another crime after release with community care. This program was rarely operational, because he had to assist with work usually done by correctional officers. “There’s no programming,” Rojas said. “If there’s no programming, you can’t do the First Step Act.”

The White House has threatened to veto any law that sends people who were released under the CARES Act back to prison. In a rare bipartisan effort, Democratic Sen. Dick Durbin of Illinois and Republican Sen. Chuck Grassley of Iowa are co-sponsoring legislation that would revive the defunct Elderly Offenders program for older prisoners. Hugh Hurwitz, the former acting director of the bureau, has said extending the program would make sense. Bureau staff could focus on people most in need of programming and security, “thereby reducing the risk to society,” Hurwitz said. “It will also save taxpayers money by greatly reducing BOP’s medical costs.”

LANDRY BRINGS DARKNESS HOME…

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BIG CHANGES COMING TO LOUISIANA….

Mar 12 

Written By William Kissinger

Louisiana last week adopted a grab bag of new laws, 37 in all, that double down on the state’s culture of incarceration and punishment. The bills were passed over a period of just nine days, during a special session called by Governor Jeff Landry, who won the office last year. Landry vowed in his inauguration speech to “bring an end to the misguided and deadly tolerance for crime and criminals,” even though the state already has the nation’s highest imprisonment rate.

We found that the state’s criminal justice reform advocates are gearing up for a significant growth in Louisiana’s incarcerated populations—people held pretrial as well as those sentenced and serving time. Among other things, the new laws effectively eliminate parole, vastly restrict “good time” credits, mandate prison time for technical violations of parole and probation, and move all 17-year old’s charged with a crime into the adult system.

“Of course it’s going to balloon the prison population. Every single time these kinds of laws go into play, the incarceration rate jumps,” said Lydia Pelot-Hobbs, a researcher who wrote a book on Louisiana’s history of incarceration. “That’s just basic math.” 

The laws are also likely to empower local sheriffs, and send more money into their coffers. Owing to a unique arrangement designed to address overcrowding, Louisiana’s local lock-ups house more than half of its state prisoner population in a system that runs on “per diem” payments from the state to local law enforcement in exchange for jailing people who have been sentenced to state prison. The payments this year will total $177 million. More prisoners means more money for sheriffs across the state—and likely future efforts to expand jails.

“Louisiana law enforcement agencies are uniquely invested in incarceration” because of the per-diem system, one advocate told Bolts. “They financially benefit from people who are being held in their jails without providing any of those programs or resources.” 

The U.S. prison population is rapidly getting grayer: The proportion of state and federal prisoners who are 55 or older is about five times what it was three decades ago. That’s largely because people are serving out longer sentences — and because people tend to age faster behind bars. Prison systems across the country, which are constitutionally obligated to provide adequate health care, are now grappling with how to pay for the equipment and staffing to meet their needs.

Even before his inauguration, Landry surrounded himself with industry heads and business leaders. He put oil lobbyists and executives at the helm of the Department of Energy and Natural Resources, formerly known as the Department of Natural Resources.

When a federal judge ordered lawmakers to create a second majority-Black congressional district, Landry added more than a dozen unrelated topics to his official call for the required special legislative session.

Though lawmakers didn’t give the governor everything he wanted then, they largely did in a special session on crime a month later.

Landry, previously Louisiana’s attorney general, made that session his top campaign issue. The session’s agenda included campaign promises such as longer jail terms, severely reduced opportunities for parole, and putting the state’s public defender system under the governor’s direct control.

And it’s only been two months.

The regular lawmaking session kicked off Monday, March 11, and must end no later than June 3.

More views on how the fear of crime, rational or not, has fueled a return to harsh criminal laws in some places. Add Tennessee and Vermont to the list of jurisdictions that plan to roll back justice reform measures, including rules to make police more accountable for cases of brutality and other misconduct, in the name of “public safety.” In Florida, for example, Republican lawmakers want to abolish civilian-run police review boards.

For decades, Louisiana had the nation’s highest rate of incarceration. And — given that the U.S. is among the most carceral countries on the planet — the state arguably spent some 20 years as the “prison capital” of the world.

Louisiana lost that distinction, by a hair, after a series of 2017 reforms successfully shrank the prison population by a third. (In recent years, it has jockeyed back and forth with a few states for the title.)

But “prison capital of the world” is a sobriquet the state is likely to regain after state legislators sent a suite of punitive changes to Gov. Jeff Landry’s desk this week. The new laws would end the possibility of parole for most new convictions and increase how much of a sentence a person must serve before being released for good behavior, from 35% of the sentence to 85%. The changes also do away with some of the tools local prosecutors had for undoing wrongful convictions, which are more common in Louisiana than in the rest of the U.S.

Criminal justice reform advocates have pushed back on the legislation, arguing that people released on parole are less likely to commit new crimes than those who serve full prison terms. In 2023, fewer than 400 people, or about 1% of the state’s prisoners, were granted parole. There’s also evidence that getting rid of parole, alongside time reductions for good behavior behind bars, makes prisons more dangerous by removing the incentives for people to pursue rehabilitative programming and avoid disciplinary violations.

Another new Louisiana law mandates that 17-year-olds accused of crimes be charged as adults, rather than in the juvenile justice system, reversing a 2017 reform that did the opposite. Proponents of the change say that the state’s youth jails became more volatile with the introduction of 17-year-olds. Critics note that the state already has mechanisms for transferring 17-year-olds accused of serious crimes into the adult system, so the change will mostly serve to criminalize teens charged with petty crimes.

The package of laws included other components that may not directly increase the prison population, but are designed to signal a “tough” approach to crime. This includes authorizing electrocution and nitrogen gas as execution methods, and making public the criminal records of minors accused of certain crimes. In total, the new suite of laws likely makes Louisiana the most punitive justice system in the nation, with harsher penalties than it had even before the bipartisan reforms passed in 2017. The new changes likely will bring a substantial cost to taxpayers.

Louisiana is not alone. Across the country, state legislatures are rapidly advancing punitive bills and rolling back criminal justice reforms, largely in response to fears about crime. In Georgia, Senate Bill 63 — which has passed the state Senate and House — would add 30 charges to the list of crimes that require judges to impose cash bail to release a person from jail pretrial. That list includes many minor and nonviolent crimes like shoplifting and forgery, if they’re not a first offense. The bill would effectively ban charitable bail funds in the state, in what some have interpreted as a direct attack on the “Stop Cop City” protest movement, which has relied on bail funds to get arrested activists out of jail.

In Kentucky, a similar measure to restrict charitable bail funds passed in the state House and is pending in the Senate. It’s part of a broader package that would also stiffen penalties for the sale of fentanyl and some gun crimes, and impose a life sentence without parole on anyone convicted of a violent offense for a third time. The bill would also create a new law against “unlawful camping,” an effort aimed at policing unhoused people.

Both Kentucky and Georgia have experienced serious issues with overcrowding and understaffing in jails and prisons in recent years, problems that the pending laws are likely to make worse.

This week the Washington, D.C., city council also passed a “massive” crime bill that, similarly, “puts the liberal city on a track toward harsher punishments for a range of crimes from illegal gun possession to retail theft,” according to The Washington Post. The new criminal code, which has increasingly become a political football in the nation’s capital, has to be approved by Congress to take permanent effect.

While they vary dramatically in scope and approach, punitive legislative efforts are also underway in Oregon, Tennessee, Vermont and elsewhere. As in Louisiana, many of these legislative efforts aim to undo reforms passed in recent years.

Aswad Thomas, the National Director for Crime Survivors for Safety and Justice, told me this week that some of these efforts also come as states cut resources “for victims to access healing and recovery services” and invest more in policing and incarceration. “That’s going to have a ripple effect on domestic violence victims, sexual assault victims, and victims of gun violence,” Thomas said.

For example, in Louisiana, the governor’s proposed budget — unveiled at the same time as the special session about crime — cuts $7 million in funding for domestic violence shelters in a state where more than half of all murdered women are killed by an intimate partner. “Every single person we are serving is a victim of crime,” the director of one shelter told the Louisiana Illuminator.

Louisiana expands death penalty, ends parole as Jeff Landry’s crime session ends

Major victory for Gov. Landry as most of his favored bills earn approval from Republican Legislature.

Louisiana death row prisoners could soon be executed with nitrogen gas and the electric chair under legislation given final approval by state lawmakers Thursday — part of a push by Republican Gov. Jeff Landry to toughen penalties for criminals and limit their opportunities for second chances.

The legislation, House Bill 6, headlined a whirlwind 10-day special session convened by Landry in a bid to fight crime. Lawmakers sent 19 other pieces of legislation to Landry’s desk Wednesday and Thursday, marking a victory in the governor’s effort to lurch the state’s policies to the political right by dismantling bipartisan justice system changes enacted in 2017.

“On behalf of countless citizens, victims, their families and the prosecutors who have labored for justice, I give you their thanks,” Landry told lawmakers who voted for his favored bills.

Those bills will have profound effects on the state’s courts and prisons: Landry, who took office last month, is set to sign legislation to eliminate parole for all adults who commit crimes after Aug. 1, slash prisoners’ chances at early release for good behavior, place 17-year-olds in the adult justice system and publicize a swath of youth court records, among over a dozen other measures.

The proposals faced withering criticism throughout the legislative process from Democrats, who argued that more punitive laws will do little to reduce crime — one of Landry’s stated goals for the session.

They tried repeatedly to water Landry’s bills down with a variety of amendments; most of those efforts failed.

“These new laws do nothing to prevent crime before it happens,” said Rep. Matthew Willard, D-New Orleans and chair of the House Democratic Caucus. “In fact, the bills passed will explode Louisiana’s prison population, increase recidivism and place an enormous burden on Louisiana taxpayers for generations to come.”

The GOP’s supermajorities in both the House and Senate powered almost all of Landry’s priorities through the legislative process intact. He will sign bills at ceremonies in Baton Rouge and New Orleans next Tuesday and Wednesday, said his press secretary, Kate Kelly.

Death penalty pushback

Silence enveloped the Senate chamber Thursday morning as Sen. Caleb Kleinpeter, R-Port Allen, presented the death penalty bill on behalf of its House sponsor, Rep. Nicholas Muscarello, R-Hammond. Besides growing the state’s list of approved execution methods, the legislation would seal records related to the procurement of lethal injection drugs.

Landry strode into the upper chamber and sat in the gallery with a group of victims’ loved ones — some of whom he shares personal bonds with. He watched the debate quietly then exited swiftly once the bill was approved, dodging reporters gathered outside the Senate.

Lawmakers of both parties invoked Scripture during the debate.

“Whoever sheds the blood of man, by man shall his blood be shed, for God made man in his own image,” said Sen. J. Adam Bass, R-Bossier City, reciting from the Book of Genesis. Moments later Sen. Joseph Bouie, D-New Orleans, walked to the mike and quoted the Sixth Commandment: “Thou shalt not kill.”

Louisiana last executed someone in 2010 when Gerald Bordelon chose to be put to death by lethal injection for the murder of 12-year-old Courtney LeBlanc. The state has since struggled to obtain lethal injection drugs, leaving 56 people currently held on death row. Louisiana’s last electric chair execution occurred in 1991. 

Faith organizations campaigned vigorously against the bill in the days before the Senate’s vote. Tom Costanza, director of the Louisiana Conference of Catholic Bishops, condemned the bill as running counter to the Catholic Church’s “pro-life” values.

Rabbi Phil Kaplan of Beth Israel in New Orleans said the bill “unmistakably and immediately evokes for millions of American Jews horrific memories of the depravities our ancestors endured at the hands of Nazi Germany, when lethal gas was used to mass murder our people.” And Sen. Royce Duplessis, D-New Orleans, evoked the Holocaust on the Senate floor as he proposed an amendment to remove nitrogen from the list of execution methods.

Members of the Legislative Black Caucus also rose to warn of the bill’s potential outsize effect on Black Louisianans, noting the state’s history of executing Black men only to later unearth evidence of their innocence.

Officials carried out the first-ever nitrogen hypoxia execution in Alabama last month. They pumped nitrogen gas into the mouth of convicted killer-for-hire Kenny Smith, depriving Smith of oxygen until he died, according to an interview with an eyewitness. Smith writhed and gasped for air and was pronounced dead after about 20 minutes.

But the discomfort felt by Smith in his final moments should not outweigh what Kleinpeter described as a need to mete out the ultimate punishment for those convicted of heinous crimes, Kleinpeter said.

“We made an oath to uphold the laws of our state,” Kleinpeter said. “Today we can honor these families and remove the hurdles so that justice may be served for the victims.”

Capital Appeals Project Director Cecelia Kappel, whose group represents death row prisoners, noted that the Senate’s vote was among the closest of the session as four Republicans defied Landry and voted against the bill. The Senate approved the legislation 24-15.

“Many legislators struggled to choose between their conscience and their political allegiances,” Kappel said. “And what this shows us is that Louisiana should not rush to start executing people by brutal methods. … This isn’t about whether we should have the death penalty, it’s about how far we’d go to kill a man.”

Early release, post-conviction relief pared back

A trio of major bills that aim at the heart of Louisiana’s bipartisan 2017 justice system overhaul also earned final approval Thursday. They will slash opportunities available to prisoners for early release and post-conviction sentencing reprieve.

Criminals will have fewer opportunities to appeal convictions after the Legislature gave final passage to House Bill 4, by Rep. Julie Emerson, R-Carencro. Republicans lined up in support while Democrats were opposed. The supporters said passage of the bill will limit “frivolous” lawsuits that gum up the legal system.

Critics, led by Duplessis, argued that HB 4 will make it harder for imprisoned people to win exoneration for crimes they didn’t commit when new evidence emerges years after a conviction.

House Bills 9 and 10, both sponsored by Rep. Debbie Villio, R-Kenner, also earned final approval from the Senate Thursday. HB9 would eliminate parole for everyone convicted of a crime after Aug. 1, while HB10 makes prisoners serve 85% of their sentences before they’re eligible for early release based on good behavior.

Villio, Landry and other supporters said the bills would create a more transparent sentencing system by forcing criminals to serve the precise number of years to which they’re sentenced.

They batted away opponents’ concerns that the legislation would hike jail populations and raise costs, saying they will work to educate judges about the need to adjust sentences. Legislative analysts estimate that HB9 will cost millions annually due to the likelihood it will inflate prison populations.

“Today is a great day in Louisiana,” Landry said in a statement.

I, for one, beg to differ. This presents a very dark day for Louisiana, indeed.

AUTHOR’S NOTE: Much of the information contained in this article came from the Marshall Project, and from NOLA.COM, and I am not copyrighting any of this information. I am providing it to you under the fair use doctrine.

SEXUAL ABUSE IN WOMEN’S PRISON INVESTIGATED

FBI removes prison officials as sexual abuse investigation ramps up. Federal law enforcement agents again searched a women’s prison in California known for rampant sexual abuse behind bars. More than a dozen FBI agents arrived at FCI-Dublin, about 20 miles east of Oakland, early Monday. They removed the warden, associate warden and a captain from the facility, and seized computers and documents in a clear escalation of a years-long investigation into one of the Bureau of Prisons’ most troubled penitentiaries. The probe has already resulted in charges against a former warden and other prison staff.

Louisiana ramping up for surge in prisons/solitary use

A recent Louisiana bill changes sentencing requirements for 17-year-olds, moving them out of the juvenile justice system and into the adult system. When in adult facilities, teenagers are uniquely vulnerable to physical and sexual abuse and federal law requires that they be separated from the adult population, which in practice often means placement in solitary confinement. The passing of Senate Bill 3 will result in a massive increase in the overall prison population in Louisiana and a heavy reliance on solitary for teens due to a lack of adequate housing.

JEFF LANDRY – LOUISIANA IN TROUBLE?

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Political Climate in Louisiana under John Bel Edwards: A Focus on Criminal Justice Reform

Louisiana’s political climate under Governor John Bel Edwards has been marked by a focus on criminal justice reform. In 2017, Edwards signed into law a bipartisan package of ten bills known as the “Justice Reinvestment Initiative” (JRI). This legislation made sweeping changes to the state’s criminal justice system, including: 

• Reduced sentences for some nonviolent offenses

• Increased parole eligibility

• Overhauled drug sentencing guidelines

• Invested savings from reduced incarceration into re-entry programs and crime prevention initiatives


These reforms were praised by criminal justice reform advocates and credited with helping to reduce Louisiana’s incarceration rate, which was the highest in the nation. However, the JRI has also faced criticism from some Republicans who argue that it has been too lenient on criminals and has led to an increase in crime.

The Threat Posed by Jeff Landry’s Election

In October 2023, Attorney General Jeff Landry, a Republican who has been a vocal critic of the JRI, was elected governor of Louisiana. Landry has pledged to roll back many of the reforms implemented by Edwards, arguing that they have been “a disaster for the state.” He has specifically targeted the provisions of the JRI that reduced sentences and increased parole eligibility, arguing that these changes have made it easier for criminals to re-offend.
Landry’s election has been met with alarm by criminal justice reform advocates, who fear that it will lead to a reversal of the progress made in recent years. They argue that Landry’s policies will only serve to increase incarceration rates and harm communities without making them safer.

Landry’s Expected Policies and Potential Impact on Criminal Justice Reform

Landry has outlined several specific policies that he intends to implement as governor, including:

• Repealing the JRI’s provisions that reduced sentences and increased parole eligibility

• Imposing harsher sentences for violent crimes

• Expanding the state’s prison system

• Reducing funding for re-entry programs      

These policies would likely have a significant negative impact on criminal justice reform in Louisiana. They would lead to an increase in incarceration rates, which would disproportionately affect Black and Brown communities. Additionally, the cuts to re-entry programs would make it more difficult for individuals to successfully reintegrate into society after they are released from prison, increasing the likelihood of recidivism.

It is important to note that Landry has not yet taken office (he takes office on January 8, 2024) and it is possible that he will not be able to implement all of his proposed policies. However, his election represents a significant threat to the progress that has been made on criminal justice reform in Louisiana in recent years. It will be important for advocates to continue to fight for policies that promote public safety, racial justice, and rehabilitation.

With cuts to funding of important programs such as re-entry, it will be even more vital for community-based organizations to strengthen their bonds with donors, and continue to build bridges with the legislature and departmental entities.

Landry’s Expansion Plans for the Louisiana Prison System

Jeff Landry’s plans for expanding the Louisiana prison system are still evolving, but based on his statements and past actions, we can anticipate the following:


New prison construction: Landry has explicitly stated his intention to build new prisons in Louisiana. He currently faces opposition from some lawmakers and residents who argue it’s an expensive and ineffective solution to crime.


Private prisons: Landry has also expressed support for utilizing private prisons to alleviate prison overcrowding. This approach raises concerns about potential profiteering and reduced accountability compared to public prisons.


Increased incarceration: Landry’s policies aimed at harsher sentences and reduced parole eligibility are likely to lead to a significant increase in the number of individuals incarcerated in Louisiana, further straining the existing system and necessitating expansion.


Limited focus on rehabilitation: Landry’s emphasis on punishment over rehabilitation suggests that any expansion of the prison system might prioritize infrastructure and security over programs designed to reduce recidivism.


Impact on specific populations: Landry’s focus on “violent crimes” and his past support for the “three-strikes” law suggests that the expansion could disproportionately impact Black and Brown communities, who are already overrepresented in the prison system.


Funding challenges: The costs of expanding the prison system are substantial and could divert resources away from other important areas like education, healthcare, and social services. Landry may need to propose significant budget increases or find alternative funding sources to support his plans.


Political and legal challenges: Landry’s plans face potential legal challenges from civil rights groups and other organizations concerned about the impact on vulnerable communities and the potential violation of constitutional rights. Additionally, political opposition from lawmakers who disagree with his approach could delay or even derail his plans.


Public opinion: Landry’s plans are likely to face public scrutiny and debate. While some citizens may support expansion as a solution to crime, others may voice concerns about its cost, effectiveness, and potential negative consequences for communities.


Uncertainty and evolving plans: Landry’s specific plans for expanding the prison system are still under development and may evolve over time. It is important to monitor his actions and statements for further details and potential changes in direction.


While the specifics of Landry’s expansion plans are still unfolding, it is clear that he intends to significantly increase the size of the Louisiana prison system. His approach raises a number of concerns about its effectiveness, cost, and potential negative consequences for communities and individuals. It will be crucial to closely monitor the development and implementation of his plans and advocate for policies that prioritize public safety, racial justice, and rehabilitation.

WHAT ARE ARGUMENTS TO GIVE THE LEGISLATURE TO CURB PRIVATE PRISONS?

Private prisons face a number of drawbacks that the public and civic organizations can leverage to organize against their use:


Reduced accountability and transparency: Private prisons are not subject to the same level of public scrutiny and oversight as public prisons. This can lead to problems such as:


    • Increased abuse and neglect of inmates: Lack of transparency makes it harder to hold private prisons accountable for mistreating inmates.


    • Poor living conditions: Private prisons may cut corners on food, medical care, and other essential services to maximize profits.


    • Understaffing and inadequate training: Private prisons often pay lower wages and provide less training than public prisons, leading to higher staff turnover and potentially unsafe conditions.      Profit motive incentivizes longer sentences and higher incarceration rates: Private prison companies profit from having more inmates, which creates an incentive to lobby for harsher sentencing laws and policies that increase incarceration rates. This can lead to:


    • Mass incarceration: The United States already has the highest incarceration rate in the world, and private prisons contribute to this problem.


    • Racial disparities: Black and Brown people are disproportionately incarcerated, and private prisons exacerbate this racial injustice.


    • Undermining rehabilitation: The focus on profit incentivizes private prisons to prioritize security and control over rehabilitation programs, hindering inmates’ chances of successfully reintegrating into society.      

  • Higher costs: Despite claims of cost-effectiveness, studies have shown that private prisons are often not cheaper than public prisons. This is because:

    • Hidden costs: Private prison contracts often include hidden fees and costs that are not initially apparent.
    • Inefficiencies: Private prisons may be less efficient than public prisons due to their profit-driven nature.
    • Long-term costs: The long-term costs of mass incarceration, including increased social service costs and lost productivity, are significant and outweigh any potential savings from private prisons. 

    • Negative impact on communities: Private prisons can have a negative impact on the communities in which they are located, such as:
    • Job displacement: Private prisons often hire local workers at lower wages and with fewer benefits than public prison employees.
    • Strain on resources: Private prisons can compete with local communities for resources such as water, electricity, and infrastructure.
    • Increased crime: Some studies have shown that private prisons are located in areas with higher crime rates, which can negatively impact the surrounding community.


Public opposition: Public opinion polls consistently show that a majority of Americans oppose the use of private prisons. This public opposition can be a powerful tool for advocacy and organizing against private prisons.
Civic organizations can use these drawbacks to organize against private prisons in a variety of ways, such as:


    • Raising public awareness: Educating the public about the problems with private prisons can help build support for reform.


    • Lobbying for legislation: Civic organizations can lobby state and federal legislators to pass laws that restrict or ban the use of private prisons.


    • Filing lawsuits: Civic organizations can file lawsuits against private prisons that are violating the law or abusing inmates.


    • Supporting community campaigns: Civic organizations can work with local communities to organize protests, rallies, and other actions against private prisons.


    • Partnering with other organizations: Working with other organizations that share similar goals can amplify their collective impact.  By using these and other strategies, the public and civic organizations can effectively organize against the use of private prisons and promote more humane and just criminal justice policies.

Conclusion

    Under Governor John Bel Edwards, Louisiana has made significant progress on criminal justice reform. However, the election of Jeff Landry as governor threatens to undo this progress. Landry has pledged to roll back many of the reforms implemented by Edwards, and his policies are likely to have a negative impact on criminal justice in the state. It will be important for advocates to continue to fight for policies that promote public safety, racial justice, and rehabilitation.