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.