Mandatory minimum sentences were on the chopping block, as well as other measures previously enacted by lawmakers who wanted to be tough on crime. The harsher penalties created a booming prison population, overworked courts and strained budgets. Collectively, the group came up with a few ways to ease sentences and carve out alternatives to incarceration.
What a difference five years can make.
"The irony of all that is we've come full circle again," says Metairie Rep. Danny Martiny, who chairs the House Criminal Justice Committee. "One year we create the crime, then we come back and create the mandatory minimum sentence, then we take away [time off for good behavior]. Pretty soon, it mounts up."
Martiny and others believe it's time to take more of a cautious approach in the Legislature and revisit criminal statutes to create viable options to long prison sentences. If the system continues to operate without changes, serious problems lurking under the surface could rise up and detonate.
Prosecutors contend they're being stretched thin because defendants are now virtually forced to go to trial. Judges fear this trend will impact the civil docket, which is already competing for attention with criminal cases. Yet even with all the voices clamoring for reform, one overriding factor could thwart any momentum on the issue.
"It's not that we don't have the tools and resources for such a review," Martiny says. "It's if anyone wants to tangle with these issues right now. And next year will be even more difficult because it's an election year, and there will be people who will want to be tough on crime again."
There's the political rub. No elected official wants to be viewed as soft, and legislators are under pressure from their constituents to display real grit. As a result, they're often pushing stiffer laws in hopes of obtaining federal prison incentives.
Houma Democratic Rep. Damon Baldone serves on the criminal justice committee and is no stranger to mandatory minimums and escalating penalties. Last year, before news cameras captured images of post-Katrina thievery on Canal Street, he passed legislation to establish a minimum jail sentence of three years for looting during a natural disaster. Now Baldone is back this year trying to prohibit such offenders from receiving time off for good behavior.
He admits not every law-breaker should be sent directly to jail ' depending on their circumstances ' but says the Legislature's authority to dictate sentences should not be completely phased out.
"A special crime for beating up a vending machine, rather than damage to property, is ridiculous," Baldone argues, "but creating something special for theft (or looting) in a case where police are otherwise occupied is different."
Lawmakers have taken advantage of their right to file mandatory minimum bills, to the tune of two dozen on average each year since 2001. Additionally, just for the ongoing regular session, lawmakers filed another 22 measures that would create new crimes, such as theft of oilfield equipment, assault on a utility worker with a firearm and picketing a funeral.
If every bill passed every session, the financial impact would be substantial. For instance, Metairie Rep. Steve Scalise filed legislation this year to create a new crime for hurricane relief fraud, which would differ only slightly from the standard definition of fraud already on the books. It requires at least two years in prison. According to a fiscal analysis, this bill alone would cost the state more than $16,000 annually ' just for the prison system, not the courts.
On the judicial side, this trend is forcing the courts to face an eventual breakdown, says Hugo A. Holland Jr., an assistant district attorney in Caddo Parish and a member of several prosecutors' groups. With more people deciding to go to trial, resources and manpower are evaporating at an alarming rate.
"Penalties are becoming so draconian that people are willing to roll the dice and go to trial," Holland says. "[The Legislature] passes things, and they end up having unintentional consequences."
One potential outcome is that criminal cases could make it tough on civil cases to get equal attention in courtrooms around the state. "You have to give priority to criminal cases because there's a time limit on when you can prosecute them," says Judge Robert H. "Bob" Morrison, a district court judge from Amite and spokesman for the Louisiana District Judges Association. Morrison says the bench should have more discretion to iron out criminal matters like sentences and statutory limits.
Orleans is the only parish in the state where this isn't a problem, since criminal and civil cases are separated. But there has been an ongoing effort among some lawmakers to consolidate Crescent City courts following Hurricane Katrina.
In some respects, the more specific new crimes become, the easier they are to defend, due to the prosecution's responsibility to prove them beyond a reasonable doubt, says George F. Steimel, a spokesperson for the Louisiana Association of Criminal Defense Lawyers.
"We probably already have every crime there is to have on the books, but people keep creating these specialty crimes," Steimel says. "Everyone wants special protections, from businesses to residents, and they feel if they create the crime and define it, it'll get rid of it."
Louisiana's prison population has more than doubled since 2000, and the prison system requires more money every year. Richard Stalder, state corrections secretary, says he doesn't mind taking more prisoners into the system, just as long as there's some accountability from lawmakers for sending them there.
Sometimes emotions play a part in excessive laws, like the fiery debate during the '70s that gave birth to life sentences for heroin possession. Only later did people realize that other drugs were equally dangerous, even though they carried lighter penalties.
"Sometimes we just overreact," Martiny says. "We should take a step back and calm down, but that's hard to do."
Cell phones, for instance, have spurred recently filed bills banning their use when driving or when being arrested by a police officer. And comments by Fox News talk show host Bill O'Reilly slamming Louisiana's sex offender laws prompted legislators to file nearly three dozen bills addressing the topic this year.
An in-depth review is "not out of order," says Pete Adams, who has been lobbying the Legislature for more than 30 years as executive director of the Louisiana District Attorneys Association. But for this to happen, the interested parties will have to wait for new leadership to come in, at which point elections would have wrung out any fears, term-limited lawmakers will be gone, and the entire Capitol will practically be a blank slate.
"Then we will have some people who will have to live with the future impact in coming years," Adams says. "Someone will have to be accountable."
The Lafayette City-Parish Council on Tuesday will vote on a resolution that if approved would clear the way for a December ballot proposition asking voters to approve a 1-cent sales tax parishwide to help fund the construction of a new terminal at Lafayette Regional Airport.
Just days before the fourth anniversary of the 2010 Deepwater Horizon disaster and oil spill, the Coast Guard has moved cleanup of Louisiana's coast to a new phase, allowing BP to end its "active" efforts in the area.
Legislators still must leave their guns at the door of the Louisiana Capitol.
Sen. Fred Mills may have an "R" behind his name, but his actions in the Louisiana Legislature transcend the established boundaries of his party.
The Louisiana House overwhelmingly rejected a repeal of the state's unconstitutional anti-sodomy law Tuesday.
The Louisiana Senate sided with Gov. Bobby Jindal and the oil industry Tuesday, agreeing to void a lawsuit that a south Louisiana flood board filed against more than 90 oil and gas companies for coastal damage.
Wednesday's Blogs from the Bog!
Here's your daily look at late-breaking national and international news, upcoming events and the stories that will be talked about Wednesday, April 16, 2014:
Acadian rep notifies would-be supporters that an April 25 fundraiser for the embattled U.S. rep won’t go on as planned.
While it isn’t all too unusual for public bodies to have hired security present during meetings, the LPSB’s push to do so is arguably a response to the antics of one board member.
“I’m running. Why would I be raising all this money? Just to have to return it to people?”
With incumbent U.S. Sen. Mary Landrieu watching from afar, and with a united Democratic Party in her corner, the fight to get the GOP officially behind Congressman Bill Cassidy is gaining just as much momentum as it is hushed controversy.
15th Judicial District Judge Durwood Conque has announced that he will not seek re-election after 27 years on the bench.
The controversial standardized tests are set to be used in third-grade through eighth-grade public school classrooms next year.
The Louisiana Senate has agreed to prohibit unmanned aircraft from flying over chemical plants, water treatment systems, telecommunications networks and other items considered "critical infrastructure" in Louisiana.
It didn’t take long for KATC TV 3 to jump all over the news of a dead body found in Girard Park, but in its rush to produce headlines, the local TV station got sloppy.
An unholy trinity of civil-society upheavalers whose first names are not Conner, Tanner or Logan are facing charges in Eunice.
Now that lawmakers have shot down efforts to cap annual interest rates for payday loans, supporters for stricter regulations of the storefront lenders are rallying behind another strategy.
The Appropriations Committee held public testimony day, letting people talk about what they like or don't like about Gov. Bobby Jindal's budget recommendations for the 2014-15 fiscal year that begins July 1.
Lafayette police are investigating the death of a 21-year-old woman whose body was found early Sunday in a drainage ditch in Girard Park.
Former Grant parish District Attorney Ed Tarpley says he's running for the U.S. House seat currently held by Republican Vance McAllister of Swartz.
Louisiana-Lafayette got strong starting pitching and timely hitting to hold off Arkansas-Little Rock 6-3 in Sun Belt Conference baseball in Lafayette, La.
Chris Williams knows how to pilfer from the public coffers, this time with a back-pay lawsuit filed three years ago against the Lafayette Housing Authority, which netted the former city-parish councilman a cool five figures.
McAllister's office vowed that he intended to stay in office — for now. As for questions about whether he would stand for re-election in November, those were dodged.
The Green Army's Lafayette brigade has announced it will pay a visit Friday morning to Sen. Page Cortez to urge him to vote against Sen. Robert Adley's SB 553, which the group is calling the "Big Oil Bailout Bill of 2014."