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Louisiana could lengthen probation period after shortening it 5 months ago
Posted on 3/21/18 at 9:00 pm
Posted on 3/21/18 at 9:00 pm
quote:
An attempt to undo part of the Louisiana's historic criminal justice overhaul approved just last year moved forward in the Legislature Wednesday (March 21).
State Rep. Sherman Mack's proposal would automatically lengthen probation periods to five years from three years, reversing a change that took effect just five months ago as part of a package of revisions meant to lower Louisiana's highest-in-the-country incarceration rate.
The legislation would also require judges to be more involved in ending an inmate's probation early if they are well behaved, taking that decision away from probation officers. If the changes go into effect, it could create more work for probation officers and public defenders, according to opponents.
Prosecutors were in negotiations with Gov. John Bel Edwards on Monday trying to reach a compromise, meaning much of the current legislation could be altered.
The House Administration of Criminal Justice Committee approved House Bill 195 on an 8-7 vote that broke down along mostly partisan lines. Democrats and an independent representative on the committee voted against the proposal. Republicans supported the bill. It goes next to the House floor.
Gov. John Bel Edwards, a Democrat, and several advocates for prisoners and ex-inmates opposed Mack's proposal. District attorneys and some local judges are in favor of it.
Lawmakers are proposing changes to Louisiana's 2017 criminal justice package already. Under Mack's bill, probation and parole officers would be required to write reports on the people they supervise on a regular basis. They currently handle hundreds of cases at a time, and Rep. Joe Marino, I-Gretna, said the additional workload would be significant.
Sarah O'Brien, a public defender from New Orleans, said her caseload could triple if Mack's legislation passed because it would require her to go to court with her clients on probation much more often. The state has 43,000 people currently serving probation, and Mack's proposal would add thousands of court hearings every year.
"There are not enough hours in the day for probation and parole officers to do all the things they have to do already," said Norris Henderson, a former Angola inmate who advocates for sentencing changesThe legislation frustrated Democrats.
Part of the criminal justice overhaul last year was supposed to lighten the caseload for parole and probation officers and allow them to focus more on those people who are most likely to violate probation or need help. The Mack legislation would unwind that part of the criminal justice package.
Elain Ellerbe, Louisiana director for the conservative reform advocacy Right on Crime organization, said several other states previously passed probation laws similar to the ones Louisiana put in place last year. Arkansas, South Carolina and Kentucky are among them.
Mack and proponents said the bill is meant to "clean up" the criminal justice overhaul, not erase it. State District Judge Robert Morrison, who supports Mack's bill, said last year's changes have made it harder to convince defendants to participate in drug courts and other specialty programs that have a much better track record with reducing recidivism rates.
"We are not trying to undermine anything you did last year," said Morrison, who presides over cases in Livingston and Tangipahoa parishes. "We are having real experience on the ground with people who won't enter drug court because they think it is easier to do a year and a half [of probation]."
Marino and Rep. Ted James, D-Baton Rouge, disagreed. Both work as defense attorneys and said defendants are usually only offered drug court and other options as an alternative to a long prison sentence. Typically, people on probation haven't committed an offense so serious that it would push them into drug court in the first place, they said.
The number of people in specialty programs is also relatively small, around 1,200. Mack's proposal would change the rules for everyone on probation -- around 43,000 people, which worries James.
"This seems to me like a solution in search of a problem," he said.
LINK
TLDR: The state can't figure out if we should get tough on crime or lower our highest in the country incarceration rate. Meanwhile, frick our already significantly underpaid Civil Service employees with mountains of additional paperwork.
This post was edited on 3/21/18 at 9:04 pm
Posted on 3/21/18 at 9:02 pm to TDcline
Trudy white would definitely be against this one.
Posted on 3/21/18 at 9:08 pm to TDcline
quote:
The state can't figure out if we should get tough on crime or lower our highest in the country incarceration rate.
To be fair trying to do both of these simultaneously would be difficult.
I think decriminalization of marijuana and drug possession would go a long way. I lean pretty libertarian on crime. All crimes should have a victim and they should carry harsh punishments. Drug possession, prostitution etc - idgaf
This post was edited on 3/21/18 at 9:09 pm
Posted on 3/21/18 at 9:09 pm to baseballmind1212
quote:
Trudy white would definitely be against this one.
Well I don't think she'd be affected. Her inmates never make it past processing before they're back to dindu'ing nuffin.
This post was edited on 3/21/18 at 9:11 pm
Posted on 3/21/18 at 9:14 pm to fallguy_1978
quote:
All crimes should have a victim and they should carry harsh punishments
I agree. We also shouldn't be letting real criminals go kust to pad the stats.
Posted on 3/21/18 at 9:23 pm to upgrayedd
quote:
We also shouldn't be letting real criminals go kust to pad the stats
I definitely agree. I think we should be more harsh on burglary, felony assault, robbery, rape, murder etc.
I think we should attempt to treat the addiction of habitual drug users. Obviously it won't work with some but the war on drugs has been an absolute failure. Time to take a different approach.
Posted on 3/21/18 at 10:21 pm to TDcline
quote:
The legislation would also require judges to be more involved in ending an inmate's probation early if they are well behaved, taking that decision away from probation officers.
This is total bullshite. The probation officer can recommend that a probationer's term of supervision be ended early, but the decision is up to the judge. Probation cannot be ended early without a court order. Parole cannot be ended early without a decision from the Parole Board.
quote:
probation and parole officers would be required to write reports on the people they supervise on a regular basis. They currently handle hundreds of cases at a time, and Rep. Joe Marino, I-Gretna, said the additional workload would be significant.
Their workload is already significant. They work long hours and make a helluva lot less pay than other LEO's doing a job that can be just as dangerous. Probation and Parole is the red-headed stepchild of law enforcement that always gets crapped on.
Their budget is crap, and have been dealing with a "do more with less" attitude from the higher ups for the last eight to ten years.
This post was edited on 3/21/18 at 10:29 pm
Posted on 3/21/18 at 10:27 pm to TDcline
That drug court excise is total bullshite. Drug court is only an option to avoid jail time. No one is ever given an option to do 1 year of probation or drug court.
Posted on 3/21/18 at 10:29 pm to TheFonz
This will never happen and the OP got it wrong. This shitty state we live in incarcerates more people in the entire world, not just the US.
This post was edited on 3/21/18 at 10:33 pm
Posted on 3/21/18 at 11:47 pm to TDcline
There’s a certain percentage of the population that refuses to abide by the laws, for whatever reason. And we have more of them here per capita than in anywhere else in the WORLD apparently.
Wanna fix the problem? Start fixing the people. No amount of “reform” will ever fix that.
I do agree that legalizing things that don’t have victims per se would go a long way to dealing with this, but we’ve still got places like NOLA, BR and Shreveport to deal with.
Wanna fix the problem? Start fixing the people. No amount of “reform” will ever fix that.
I do agree that legalizing things that don’t have victims per se would go a long way to dealing with this, but we’ve still got places like NOLA, BR and Shreveport to deal with.
Posted on 3/22/18 at 12:15 am to TDcline
Ole Sherman has some interesting reviews on his facebook page.
Posted on 3/22/18 at 1:06 am to fallguy_1978
Legalizing "drugs" still leaves a critical problem. A high percentage of thefts, burglaries, and robberies occur because drug users commit them to sustain their drug habits. They sell what they steal.
Posted on 3/22/18 at 6:34 am to TDcline
Longer probation gives defense and prosecutors more room to bargain. And good on lengthening it—three year probabtion is going to kill drug court, the most effective rehabilitation for drug heads.
Edit: also, the state is already severely understaffed on public defenders. No way in hell can we be going to court and wasting time for every little probation talk as is. Tripling the workload? Ain’t nobody’s rights gonna be taken care of.
Edit: also, the state is already severely understaffed on public defenders. No way in hell can we be going to court and wasting time for every little probation talk as is. Tripling the workload? Ain’t nobody’s rights gonna be taken care of.
This post was edited on 3/22/18 at 6:44 am
Posted on 3/22/18 at 7:53 am to TDcline
quote:
The legislation would also require judges to be more involved in ending an inmate's probation early if they are well behaved, taking that decision away from probation officers.
Trudy fixin to let errybody go.
Posted on 3/22/18 at 7:57 am to Sparkplug#1
quote:
This shitty state we live in incarcerates more people in the entire world, not just the US.
Damn us for enforcing laws.
What you could have said is "This shitty state has more criminals than anywhere in the world." But you chose the liberal douche version instead.
This post was edited on 3/22/18 at 8:13 am
Posted on 3/22/18 at 8:07 am to TDcline
quote:
Both work as defense attorneys and said defendants are usually only offered drug court and other options as an alternative to a long prison sentence. Typically, people on probation haven't committed an offense so serious that it would push them into drug court in the first place, they said.
Sounds like a drop in revenue and business for the prosecutors. They dont do well when theres a drop in people available to be prosecuted in the court room.
This is exactly why Louisiana will be the 49th state to legalize any sort of currently illegal drug- the prosecutors wont allow the drop in business.
Posted on 3/22/18 at 8:10 am to shawnlsu
quote:
What you could have said is "This shitty state has more criminals than anywhere in the world." But you chose the liberal douche way instead.
This state and the legal gatekeepers- the state Sherriff and DA associations- have a yuge financial interest in producing criminals.
Look at a program like civil asset forfeiture and tell me that they dont stand to lose money if less people are prosecuted.
Posted on 3/22/18 at 8:11 am to Eternally Undefeated
quote:
Legalizing "drugs" still leaves a critical problem. A high percentage of thefts, burglaries, and robberies occur because drug users commit them to sustain their drug habits. They sell what they steal.
How many alcoholics rob liquor stores to get drunk?
Posted on 3/22/18 at 8:12 am to NYNolaguy1
quote:
This state and the legal gatekeepers- the state Sherriff and DA associations- have a yuge financial interest in producing criminals.
If harsher sentencing means saving one tv it was all worth it
Posted on 3/22/18 at 8:13 am to NYNolaguy1
quote:
alcoholics
who are you? My ex wife?
Everyone knows you can't get hooked on beer
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