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."
City-Parish President Joey Durel is asking the council to sign off on a resolution approving a pair of deals that would lead to razing the seedy Lesspay Motel at Four Corners to build a new police substation as well as transforming nearly a block Downtown where the old federal courthouse building now molders into a mixed-use development.
In 2013, the IRS — already the least popular governmental agency in the country — became the target of intense investigations after it was revealed that they had specifically and improperly scrutinized applications for tax-exempt status from organizations associated with the nascent Tea Party movement.
Improving the running game was "a point of emphasis" during the offseason and the results have manifested themselves in the form of substantially greater production.
Louisiana's health department said Wednesday that its evaluation of the state's Medicaid privatization was on target, despite criticism from the legislative auditor that it lacked key data and contained inconsistencies.
Artificial sweeteners eyed; Scottish independence vote begins; Ford has cancer and more national and international news for Thursday, September 18, 2014.
Thursday's Blogs from the Bog!
The feds converge on your office, seizing records on several employees as part of a pay-for-plea investigation. WWYD? If you’re Mike Harson, you give yourself a $12k raise.
It’s football season and after back-to-back winless weekends for the Saints and the Cajuns many citizens are finding it difficult to be civil much less happy. Well, chew on this.
Considering his repeated stays in the local penal system, David Narcisse Jr. should have known that having a semiautomatic shotgun, even one given to him by a friend, wasn’t the brightest of ideas.
A state district judge on Tuesday threw out a last-minute retirement hike lawmakers gave to the state police superintendent, ending a political firestorm over a pension boost passed without public scrutiny on the last day of the legislative session.
The House has passed a bill to increase oversight of veterans' hospitals under construction, following a report that some medical centers take three years longer to complete than estimated and cost an extra $366 million per project.
An obvious follow-up question for any Republican politician who accuses Democrats of being science deniers is one about science, to which Jindal bobbed and weaved like a welterweight champ.
The Lafayette City-Parish Council is expected to decide tonight (Tuesday) whether to go along with a proposal City-Parish President Joey Durel made in February’s State of the Parish Address and consolidate taxes for mosquito control and the parish health units into a broader tax program that would also cover animal control.
U.S. District Judge Richard Haik has dismissed Greg Davis’ lawsuit against the LPSB, yet in his ruling, the federal judge doesn’t bite his tongue in pointing out the "threat" being posed by certain board members.
Of all the political offices being contested throughout Lafayette Parish, the race for Broussard’s top police post has literally become one of the most heated.
A state district judge is deciding whether to issue an injunction against the enforcement of a last-minute retirement hike that lawmakers gave to the state police superintendent.
A new website is up for Louisiana's state government employees and retirees to choose their health insurance plans for next year, a choice they must make by October.
That fact that New Orleans led both games in the final 10 seconds of regulation, and lost each by a field goal or less, is of little solace.
The superintendent will make another go at getting a budget passed for the already commenced fiscal year as the LPSB is slated to meet tonight on the eve of the state’s budget adoption deadline.
A person familiar with the situation says New Orleans Saints running back Mark Ingram has a broken hand.
It seeks an investigation into a $100,000 fund transfer from Vitter's federal campaign account to an independent PAC supporting Vitter's 2015 candidacy for governor.
Landrieu has acknowledged that she improperly billed her Senate office for nearly $43,000 in charter costs that should have been paid from her campaign account.
House District 45 Rep. Joel Robideaux is term-limited and running for city-parish president next year, leaving his seat up for grabs come 2015 and at least three likely contenders so far, including ...
When the Browns explained their plans to Brian Hoyer about bringing rookie Johnny Manziel into the game, Cleveland's starting quarterback bit his lip and devised one of his own.
National debate over solitary confinement puts spotlight on Angola inmate’s 35 years in ‘the hole’