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."
As part of a national undertaking known by industry insiders as the “Butterfly Project,” a rebranded version of The Daily Advertiser is set to launch with Sunday’s edition of the Gannett-owned paper.
Louisiana moved up a slot to 48th in the ranking of healthy states — once again, thank God for Mississippi! — so all this frettin’ about Gov. Bobby Jindal’s refusal to expand Medicaid per Obamacare ... fuggidaboutit! We don’t need Medicaid no more!
The Denham Springs woman who placed Christmas lights in the shape of a butter finger on her roof in a display of anger directed at neighbors has doubled the trouble for the 2013 holiday season.
The 30-second commercial, to run around the state, is the Democratic senator's first TV spot in her bid for re-election to a fourth term.
It's a number that has edged up but falls far short of the thousands who are eligible for subsidized coverage.
A group of mostly higher education leaders will make recommendations to state lawmakers about how to tweak the policies governing tuition rates charged at the state's public colleges.
Here's your daily look at late-breaking national and international news, upcoming events and the stories that will be talked about Wednesday, December 11, 2013
That would be Congressman John Fleming talking about Sen. David Vitter.
The alleged mastermind behind the bribery scheme that went on for four years under DA Mike Harson’s nose isn’t just schizophrenic, bipolar and recovering from mini strokes; he now says he has cancer.
Louisiana's higher education leaders are trying to work out a financing deal to keep the state's public colleges from running low on state cash to operate their campuses.
With their latest triumph, the Saints left little doubt about how tough they are to beat in the Superdome. Unfortunately, two of their remaining three games are on the road.
For the first time in at least five years, retired teachers, state workers and school system employees could see an increase in their pension checks.
Lawmakers and Gov. Bobby Jindal's administration shared a collective sigh of relief with the news that Louisiana's tax amnesty program brought in the $200 million that they used to help balance this year's budget.
Drew Brees often makes the extraordinary look routine, particularly during night games in the Superdome.
The teams were extended invitations Sunday for the New Year's Day matchup played at Raymond James Stadium, home of the NFL's Tampa Bay Buccaneers.
If all 44 projects are approved, about $300 million would remain in the fund set up as a down payment to help the Gulf.
Last week, the Saints gave up 429 yards to Seattle, second most in a game this season.
Since Anthony Jennings and Brooks Haack were not expected to contribute until next year at the earliest, it seemed like a sneak peek at hidden Christmas gifts.
Louisiana National Guard personnel seeking benefits for same-sex spouses will have an easier time filing the requests, despite a state refusal to let its workers process the paperwork.
Panthers coach Ron Rivera sees one potential flaw with his team's stellar defensive play so far this season. "Apparently we like to bite on the double moves," Rivera said.
Computer hackers may have gained access to the personal information of thousands of Louisiana residents who use debit cards issued by JPMorgan Chase for three state agencies, authorities said Wednesday.
Jim Purcell, who has been in the job since February 2011, notified the Board of Regents about his decision at its monthly meeting.
Hushed plans for a commercial development along the Louisiana Avenue portion of the Holy Rosary campus put the future of longtime tenant EarthShare Gardens in jeopardy.
If a recent advertisement in The Daily Advertiser is any indication, speculation the local daily will be implementing the “Butterfly Project” could be more of a reality than the Gannett-owned paper’s top execs are willing to admit.
Mettenberger injured his left knee while unloading a 32-yard completion in the fourth quarter of No. 14 LSU's 31-27 victory over Arkansas last Friday, and LSU coach Les Miles confirmed the severity of the injury on Wednesday.