Longer sentences, more executions and harsher penalties for juveniles. These are among the proposals Gov. Jeff Landry wants the Republican-supermajority Louisiana Legislature to approve in a special session on crime.
The self-styled, tough-on-crime GOP governor also wants to allow people to carry concealed firearms without a permit, place more police in New Orleans, expanded immunity for law enforcement and provide more public access to juvenile records.
In his speech Monday to lawmakers to start the session, Landry said he’s thinking of victims.
“Today, I ask you to place the voices of the tired, the weary and the broken-hearted victims of crime in this state above the irresponsible rhetoric that is destroying our quality of life,” Landry said.
The governor’s requests, and others from far-right lawmakers, amount to a near-complete rollback of Louisiana’s 2017 criminal justice overhaul under former Gov. John Bel Edwards. That bipartisan effort was meant to save the state money by reducing its nation-leading incarceration rate, shortening non-violent criminal sentences and providing flexibility on parole.
Landry opposed those measures as attorney general and is seizing his first opportunity as governor to roll back the changes.
“As attorney general, I warned that the goal of criminal justice reform should not be about letting people out of jail, but how to keep people from going to jail,” Landry said. “Those warnings went unheeded.”
Edwards’ criminal justice reinvestment initiative resulted in the state spending millions less on incarceration and using some of that money for crime victim services. The proposals from Landry and Republican legislators could undo those savings and perhaps cost the state additional money.
A proposal that Rep. Debbie Villio, R-Kenner, a former prosecutor, has submitted would effectively eliminate parole in Louisiana, except for groups from whom it is constitutionally required — including those sentenced to life terms as juveniles.
Villio’s House Bill 9 could cost the state more than $14 million annually, according to a fiscal note generated by the Legislative Fiscal Office.
Landry said fiscal impact shouldn’t be the deciding factor for lawmakers.
“While many say focus on the cost, I say focus on the cost to society. I say focus on the cost to our citizens in loss of property, in the disruption of their lives and in the irreparable tragedy of losing a loved one,” the governor said.
In the audience for Landry’s speech at the State Capitol were victims of violent crime, relatives of murder victims and law enforcement leaders. The governor told the Legislature these three groups represent his priorities.
“The propensity of some to signal their virtuous compassion for criminals has become a liberal custom to many, without forethought of the consequences to society and the danger it creates in our neighborhoods and homes,” Landry said.
While the governor insisted criminal justice reform should be about preventing crime, he offered few proposals addressing this aim.
“Every proposal that his team has put forward is reactive. None of it will help to reduce crime and keep our community safe,” House Democratic Caucus Chair Rep. Matthew Willard said at a press conference after Landry’s speech.
“If we want to talk about addressing crime, we need to talk about mental health, substance use disorder, reentry programs and eliminating barriers for kids coming home from prison so that they can successfully reintegrate into society,” Willard added.
Democrats noted none of their members were consulted in putting together the call for the special session, resulting in an agenda in which few bipartisan measures will even be discussed.
Along with a lack of bipartisanship came a lack of transparency, Democrats argued — despite Landry’s overtures toward openness in his speech.
“The lack of transparency in our criminal justice system is unacceptable,” Landry said.
House Republicans moved to suspend the rules on each of their proposals, allowing them to be heard in committee the next day. Despite Democratic objection, Republicans used their supermajority to fast-track the bills. That means the public will have less time to process a serious policy proposal, Rep. Denise Marcelle, D-Baton Rouge, said.
The Landry-backed bill to expand the methods by which Louisiana executes people also limits transparency.
House Bill 6, by Rep. Nicholas Muscarello, R-Hammond, would add electrocution and nitrogen gas inhalation to the acceptable methods of execution. It also shields all records related to the execution, including which companies provide execution drugs and how much they cost, from public disclosure. If anybody were to leak those records, they could face jail time.
Louisiana banned use of the electric chair in 1991, when it was last used, in favor of lethal injection.
Landry’s vision of transparency involves public access to juvenile justice records that are typically shielded to protect minors’ right to privacy.
“Our transparency legislation will allow people to access this information and provide online access to the data from our criminal and juvenile courts,” Landry said. “Through this simple and common-sense measure, we hope to ease the suffering of victims, offer more transparency in the legal process, and find better solutions to our crime problem.”
Democrats say the proposal would punish children who commit offenses well into their adulthood.
“We don’t want to penalize juveniles by having those records public and having them exposed as adults for something that they did in childhood,” Rep. Edmond Jordan, D-Baton Rouge, said.
This article originally appeared in Louisiana Illuminator on February 19th, 2023.
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