Louisiana imprisons a larger share of its population than any other state in the U.S., and the U.S. locks up more people per capita than anywhere else on earth.
With an incarceration rate almost five times that of Iran and 13 times that of China, Louisiana is the world’s incarceration capital.
But soon, that will change.
Earlier this year, Louisiana underwent a massive overhaul of its sentencing laws. The reforms are designed to reduce the prison population, shorten the amount of time people spend behind bars, set formerly incarcerated people up for success when they return to their communities, and diminish the likelihood that they’ll return to prison.
Louisiana was long overdue for these changes.
It now joins other southern states — including Alabama, Mississippi and Texas — that have reduced incarceration, saved taxpayer dollars, and made communities safer through bipartisan efforts.
In order for the criminal justice system to work effectively, rehabilitation must be prioritized over punishment. Ninety-five percent of the people in our prisons will return home one day, so it’s in everyone’s best interest for states to do a better job preparing incarcerated people for re-entry into society.
Criminal justice reform enjoys unique support from both sides of the aisle. The right recognizes mass incarceration as a poor return on investment; the left believes people deserve second chances. But, both share a singular understanding: being tough on crime is not the same as being smart on crime.
If we provide meaningful educational services, skills training, and practical living advice to a person who has been incarcerated, he or she will be prepared to contribute to the economy upon release. If we break down the barriers to education, housing, and employment that people face when they leave prison, they will have a real opportunity to thrive and grow as our neighbors. If community services are available early on to help a person with mental health or substance abuse treatment, we can save that person from entering the criminal justice system in the first place — and from the hurdles to rejoining society after release.
Louisiana had massive support in its effort: a governor who campaigned on criminal justice reform, a justice reinvestment task force — assisted by Pew Charitable Trusts — to analyze data and recommend ideas for a better system, and a coalition called Louisianans for Prison Alternatives (LPA) that brought together grassroots individuals as well as grasstops organizations — like the Southern Poverty Law Center (SPLC), the American Civil Liberties Union, and Voice of the Experienced.
Together, we fought opposition from district attorneys, won backing for criminal justice reform across the state, and vocalized our support at the state capitol.
The result was passage of a ten-bill justice reinvestment package that is expected to reduce Louisiana’s incarceration rate by ten percent and the population on parole or probation by twelve percent over the next decade.
Once implemented, this legislation will pave the way for Louisiana to relinquish its shameful title as the world’s greatest incarcerator.
The package in Louisiana increased fairness in the criminal justice system, doing more to ensure that the punishment fits the crime. It reduced maximum sentences for several crimes and eliminated mandatory minimum sentences on certain drug and property crimes. Additionally, jail time was prohibited as a response to low-level probation and parole violations.
The legislation also expanded parole eligibility to nonviolent offenders once they have completed twenty-five percent of their sentences, down from thirty-three and a third. That means the sentences of roughly 16,000 people will be reviewed, and several thousand people could be released by the end of this year. Juveniles sentenced to life for second-degree murder are also eligible for parole.
The new regulations are also designed to stop punishing poor people for their poverty, tailoring fines and fees to a person’s ability to pay. Those who can’t pay will not face incarceration or a suspended driver’s license just because they do not have the money.
Additionally, people who have been convicted of drug offenses will be eligible for food stamps and temporary financial assistance upon release. People with nonviolent felony convictions will also find it easier to obtain professional licenses and pursue careers. These kinds of policies promise to increase their chances of success and prevent them from committing more crimes that could send them back to jail.
Reducing the number of people behind bars will not only save money, but will also make communities safer. Nearly $184 million saved through these reforms will be reinvested into prison alternatives, re-entry programs, and services to support victims. These kinds of resources are proven to prevent crime and keep people out of the criminal justice system to begin with as well as improve the transition for people leaving prison and returning home, reducing recidivism.
The New York Times editorial board said the policy overhaul “would have been remarkable coming from any state. It’s historic coming from Louisiana.”
What Louisiana did is indeed remarkable, ambitious, and historic, but our work isn’t done.
U.S. Attorney General Jeff Sessions is seeking a return to failed tough-on-crime policies. He wants to revamp the same old “war on drugs” and harsh sentencing policies that put America into an expensive and fruitless reliance on mass incarceration in the first place — the same kinds of policies that states like Louisiana are rejecting.
Our representatives in Congress must push back on these policies and set forth legislation — like the recently reintroduced Sentencing Reform and Corrections Act – to catch up with the meaningful criminal justice reforms that a majority of states have adopted.
In the meantime, states must continue pushing forward. The SPLC will be seeking criminal justice reforms throughout our region — Alabama, Florida, Mississippi, and Louisiana — to continue reducing incarceration in the juvenile and adult systems.
Like many states, Louisiana’s over-incarceration practices are disproportionately worse for African Americans, who make up just thirty-two percent of Louisiana’s population, but fifty-eight percent of its prison population. We must remain steadfast in seeking changes that not only reduce the prison population, but also reduce the racial disparities apparent throughout our criminal justice system.
In Louisiana, two strategies are particularly important. First, we must ensure that last session’s reforms are properly implemented and not repealed. Second, we should expand on these successes, seeking more sentencing reforms and expansion of parole eligibility to include people serving time for violent offenses.
Truly meaningful change cannot be accomplished without addressing violent offenses, too. According to a recent study by the Urban Institute — titled “A Matter of Time: The Causes and Consequences of Rising Time Served in America’s Prisons” — people convicted of serious offenses are spending a long time in prison. And their sentences are getting longer. While we expect strong opposition from the same district attorneys and law enforcement personnel who pushed back against the 2017 reforms, addressing this is critical. The longer a person is in prison, the more expensive it is to house and medically treat that person. The longer a person is in prison, the harder it is for that person to successfully return to freedom. And so, as a community and country, we are all worse off if they remain locked up.
There are plenty of people who have spent more of their lives inside prison than out, people who are growing old behind bars for something they did in their late teens or early 20s. Many of them now pose little threat to society. They deserve an opportunity to go before a parole board to request an early release and a shot at redemption.
Louisiana has the opportunity to do something truly historic — to capitalize on the successes of 2017 and push for bolder changes in 2018 and beyond. Other states and the federal government can create change too.
We still have a long way to go to establish a fair and effective criminal justice system across the South and throughout the U.S. That system will reduce crime, protect the rights of every citizen, and ultimately make us safer.