HLS 21RS-3191 ORIGINAL 2021 Regular Session HOUSE CONCURRENT RESOL UTION NO. 101 BY REPRESENTATIVE JAMES CRIMINAL/SENTENCING: Creates a commission to study the procedures for processing felony sentences and calculating incarceration release dates of persons in the custody of the Department of Public Safety and Corrections 1 A CONCURRENT RESOL UTION 2To create and establish the Incarceration Release Date Commission to study the procedures 3 for processing sentences imposed after a criminal conviction and the procedures for 4 calculating incarceration release dates of those persons committed to the custody of 5 the Department of Public Safety and Corrections, and to report the findings of the 6 commission to the legislature prior to the convening of the 2022 Regular Session of 7 the Legislature of Louisiana. 8 WHEREAS, under Louisiana law there are a number of factors that may impact the 9sentence of a person convicted of a criminal offense, including but not limited to eligibility 10for probation, parole, and earned compliance credits and eligibility for diminution of 11sentence for good behavior or credits for participation in certain programs; and 12 WHEREAS, the application of these factors is not uniform as each year the 13legislature makes changes to these laws and the version of the law that applies to a particular 14person often times depends upon the law in effect at the time the crime was committed or 15at the time the person was convicted or sentenced; and 16 WHEREAS, the Department of Public Safety and Corrections is the state agency 17responsible for the custody and care of approximately thirty-five thousand adult offenders 18and is the agency tasked with calculating the length of the offender's sentence, taking into 19account the various factors that impact the length of the sentence; and Page 1 of 3 HLS 21RS-3191 ORIGINAL HCR NO. 101 1 WHEREAS, with more than half of that population being housed in various parish 2facilities and work release centers across the state, and the remainder being housed in the 3state's nine correctional facilities, it is important for the Department of Public Safety and 4Corrections to have centralized, accurate, and up-to-date information on all of the offenders 5committed to its custody; and 6 WHEREAS, in 2017, the legislative auditor evaluated the Department of Public 7Safety and Corrections' management of offender data, including processes for ensuring the 8accuracy of that data; and 9 WHEREAS, in the audit, the legislative auditor recognized the efforts of legislators 10and criminal justice stakeholders in working toward prison reform and stated that the success 11of these reform efforts is largely dependent upon having accurate and complete information 12on Louisiana's offender population; and 13 WHEREAS, it is important for the Department of Public Safety and Corrections to 14have strong policies and procedures to effectively manage offender data, to track offender 15locations, to calculate offender release dates, and to ensure the accuracy of this information. 16 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby 17create the Incarceration Release Date Commission to study the procedures for processing 18sentences imposed after a criminal conviction and the procedures for calculating 19incarceration release dates of those persons committed to the custody of the Department of 20Public Safety and Corrections, and to report the findings of the commission to the legislature 21prior to the convening of the 2022 Regular Session of the Legislature of Louisiana. 22 BE IT FURTHER RESOLVED that the study commission shall be comprised of the 23following members: 24 (1) The chairman of House Committee on Administration of Criminal Justice, or his 25designee. 26 (2) One member of the House Committee on Administration of Criminal Justice, 27appointed by the chairman. 28 (3) The chairman of the Senate Committee on Judiciary B, or his designee. 29 (4) The Chairman of the Senate Committee on Judiciary C, or his designee. 30 (5) A representative from the Louisiana Sheriffs' Association. Page 2 of 3 HLS 21RS-3191 ORIGINAL HCR NO. 101 1 (6) A representative from the Louisiana District Judges Association. 2 (7) A representative from the Louisiana Clerks of Court Association. 3 (8) A representative from the Department of Public Safety and Corrections. 4 (9) A representative from Louisiana Public Defender Board. 5 (10) A representative from the Louisiana District Attorneys Association. 6 BE IT FURTHER RESOLVED that the commission may seek input, information, 7and data from any persons, agencies, entities, or stakeholders that it deems necessary to 8fulfill the purposes of this Resolution. 9 BE IT FURTHER RESOLVED that the Department of Public Safety and Corrections 10shall provide staff support to the commission 11 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the 12executive director of the Louisiana Sheriffs' Association, the president of the Louisiana 13District Judges Association, the executive director of the Louisiana Clerks of Court 14Association, the secretary of the Department of Public Safety and Corrections, the chairman 15of the Louisiana Public Defender Board, and the executive director of the Louisiana District 16Attorneys Association. 17 BE IT FURTHER RESOLVED that the Incarceration Release Date Commission 18shall submit one print copy and one electronic copy of any report produced pursuant to this 19Resolution to the David R. Poynter Legislative Research Library as required by R.S. 24:772. DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] HCR 101 Original 2021 Regular Session James Creates the Incarceration Release Date Commission to study the procedures for processing sentences imposed after a criminal conviction and the procedures for calculating incarceration release dates of those persons committed to the custody of the Dept. of Public Safety and Corrections, and to report the findings of the commission to the La. legislature prior to the convening of the 2022 R.S. Page 3 of 3