Laws target La. incarceration rates

Louisiana has the highest incarceration rate in the country. The new criminal justice reform laws, the Louisiana Reinvestment Package, are designed to change that.
The new laws, signed by Gov. John Bel Ed-wards to take effect Aug. 1, aim to reduce the prison population by 10 percent and save the state $262 million over the next decade. The state will pocket $78 million while $184 million will be reinvested into programs and policies to reduce re-offending by ex-offenders and support victims of crimes. Here are the changes to expect on the upcoming dates.
—Effective Aug. 1
The felony threshold for theft is raised to $1,000. The criminal offenses of mingling harmful substances, extortion, and illegal use of weapons or dangerous instrumentalities are removed from the violent crimes list.
The mandatory minimum sentences are eliminated for arson, home invasion, theft, and possession of 2 grams or less of illegal drugs. Several mandatory maximum sentences are reduced for non-violent offenses, such as money laundering or unauthorized use of a motor vehicle. The mandatory minimum sentence for illegal prescription medications, especially opioids, is a year.
Victims of violent crimes will be notified 90 days before the inmate’s parole hearing. Victims can speak or send a letter to the parole board to rebuttal the inmate’s parole as well as request that the inmate limit contact as a condition of parole. However, the conditions are still subject to the approval of the parole board. Victims can also seek restitution from the inmate.
Juveniles with life sentences can now be eligible for parole after 25 years of serving their sentence. Juveniles convicted of first- or second-degree murder may have parole eligibility taken away if requested by the district attorney and approved by the court.
The court can choose to waive financial obligations, such as fees, fines, or victim restitution payments, if the ex-offender is deemed unable to pay. In most cases, however, a monthly payment plan would be set in place. In addition, ex-offenders cannot have their parole extended or face reincarceration due to the inability to pay fine. The exception to this law is that one six-month extension can be placed for collection of unpaid victim restitution.
Nonviolent offenders can immediately apply for a business license or start the credential process needed. An ex-offender can risk losing their license if a similar crime for which they are on probation for lands them back in prison. However, an unrelated new crime doesn’t cancel their license.
—Effective Oct. 1
Drug offenders will now be eligible for Supplemental Nutrition Assistance Program, also known as food stamps, and Temporary Assistance for Needy Families, also known as welfare, upon release. Currently, violent ex-offenders are already eligible for both programs.
—Effective Nov. 1
Repeat offenders will face shorter mandatory minimum sentences. For example, a second conviction will have a minimum sentence of 1/3 of the maximum penalty allowed instead of half of the maximum penalty.
A criminal offense will no longer count as a prior offense on an offender’s record by the habitual offender statute after five years of the sentence and probation served. A judge, however, has the power to impose sentences outside the habitual offender statute as well as adjust unfair sentences.
A judge can suspend or shorten sentences of third-felony offenders. This law doesn’t apply to certain cases of violent crimes, such as murder, kidnapping, fraud, or child pornography.
A person convicted of drunk driving for the fourth time may be sentenced to drug and alcohol treatment instead of prison. A person with three or four felonies may be sentenced to mental health treatment, substance abuse treatment, or drug court instead of prison. However, probation can be as long as eight years.
First-time violent offenders or third-time non-violent offenders with sentences of less than 10 years can have their probation suspended or shortened. This law does not apply to child pornographers or domestic abusers.
The maximum probation time is reduced to three years instead of five years. There will no longer be a minimum probation period of a year for some lower-level violent crimes.
Inmates who need significant medical treatment or are terminally ill will be temporarily released to a hospital or nursing home. If or when the inmate recovers from medical treatment, the inmate will return to prison. Inmates serving life sentences for second-degree murder who were convicted from 1973 to 1979 are eligible for parole after serving 40 years of their sentences.
Inmates can earn up to 1½ years in good credit toward an early release if they participate in educational programs, drug treatment or work programs. This law will only apply to those who are convicted after Oct. 31.
Parole violators will no longer be sent back to prison if they violate probation in certain ways. Violations for a single positive drug test, changing residence without permission, associating with other felons, traveling without permission or failure to pay victim restitution for three months will not result in an ex-offender being reincarcerated.
Parole violators who are found twice to be drinking alcohol, except for ex-offenders who were convicted of drunk driving or domestic abuse, will not be reincarcerated. Parole violators could be reincarcerated for criminal offenses for a shorter sentence unless the violation was a violent or sexual offense.
—Effective Jan. 1
Child support payments can now be suspended for the term of the prison sentence of the offender. Child support debt will not accumulate while an inmate is in jail, but the inmate must continue payments once out on parole.
A judge may order extended child support payments for a longer period of time in which the funds will go to supporting an adult child.
The extension of payments can be as many years as the payments were suspended when the offender was incarcerated. Offenders in jail for lack of paying child support or domestic violence are excluded from this law.