Pubdate: Thu, 3 May 2001
Source: Advocate, The (LA)
Copyright: 2001 The Advocate, Capital City Press
Contact:  http://www.theadvocate.com/
Details: http://www.mapinc.org/media/2
Author: Marsha Shuler

SENATORS VOTE TO RELAX PRISON TERMS

Reversing a decades-long lock-'em-up policy, the Senate voted Wednesday to 
endorse sweeping changes that could keep thousands of criminals out of 
prison and set many inmates free.

Proponents, including conservative lawmakers, said prison costs have spun 
out of control and some criminals are better served by alternatives such as 
anti-drug programs.

The Senate voted 29-5 for legislation that would:

End mandatory prison time for certain nonviolent criminals.

Reduce sentences for drug possession.

Set up a panel to review cases of certain inmates to see if they are good 
risks to be freed.

Require all felony convictions to be for violent crimes before a criminal 
can get a life sentence as a multiple offender. Current law allows life 
sentence after three convictions, even if some are for nonviolent offenses.

The measure goes to the House.

Sen. Jay Dardenne, R-Baton Rouge, called the legislation "a consensus of 
viewpoints" of prosecutors, criminal defense attorneys, crime victims, 
legislators, corrections officials and Gov. Mike Foster.

"It should not be interpreted in any manner or form as being soft on crime. 
... We are still going to be putting violent offenders behind bars," 
Dardenne said.

The changes would give more discretion to judges to determine whether such 
things as drug courts or probation are better alternatives than prison, 
Dardenne said.

"We have lost control of the prison population," said Sen. Charles Jones, 
D-Monroe, lead author of SB239. "We are spending nearly $600 million a year 
on prisons. We cannot continue to spend $600 million on prisons.

"What will this bill do? It will keep our people safe while at the same 
time saving approximately $60 million a year," Jones said.

Corrections Department Undersecretary Trey Boudreaux said savings won't 
come overnight. It will build up over time, he said.

"But if the numbers we are seeing now hold true, I think that $60 million 
is a conservative estimate," Boudreaux said.

Under the proposed law, mandatory prison time would be eliminated for such 
crimes as simple burglary of an inhabited dwelling, Medicaid fraud, 
prostitution, theft of a firearm, skimming of gaming, obscenity and simple 
possession of small quantities of drugs.

Whether prison time is warranted would be left up to a judge.

The proposed law also cuts in half mandatory minimum and maximum sentences 
for drug possession with intent to distribute. The sentence would increase 
with the amount and kind of drugs involved.

Jones said there are 35,000 inmates in state prisons and 15,000 of them are 
there on drug-related charges.

Boudreaux said the drug sentencing changes have the potential to reduce the 
state prison population over time. But just how much is hard to determine 
because much will depend on sentencing decisions judges make in the future, 
he said.

The risk-review panel created in the bill would consist of psychologists 
and prison officials, who would assess inmates to see if they should be 
recommended for release. Recommendations would go to the state pardon and 
parole boards for action.

The bill allows the assessment of nonviolent offenders as well as violent 
offenders who have been in prison for 20 years or more.

An analysis of Dixon Correctional Institute inmates with first-offense drug 
or property convictions indicates 40 percent of them would be eligible for 
such a review and half of those would get favorable recommendations, 
Boudreaux said.

If the same percentage holds true at each prison, there could be a 
potential $10 million annual savings by releasing prisoners, he said. The 
savings would be offset somewhat by the need for additional probation and 
parole officers to monitor those released, he said.

Senate President John Hainkel, R-New Orleans, called the bill a "momentous 
piece of legislation."

The current financial costs associated with prisons is terrible, "but from 
a moral standpoint, it's worse," said Hainkel, who last year began 
promoting lower-cost community alternatives instead of prison time.

Sen. Donald Cravins, D-Arnaudville, said Louisiana has some of the toughest 
sentencing laws on the books, but it still ranks near the top of the nation 
in the number of people incarcerated per capita.

The revamp of prison sentencing is "an attempt to bring under control a 
system that has gone haywire," said Cravins.

Cravins said community alternatives to prison are better options for some 
people because they can be productive residents helping their families and 
communities.
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