HLS 21RS-3064 ORIGINAL 2021 Regular Session HOUSE CONCURRENT RESOL UTION NO. 89 BY REPRESENTATIVE MARCELLE CORRECTIONAL FACILITIES: Requests a study of the health and safety conditions of Louisiana prisons and jails 1 A CONCURRENT RESOL UTION 2To urge and request Voice of the Experienced, Loyola University New Orleans College of 3 Law, Louisiana Stop Solitary Confinement Coalition, and the Lyndon B. Johnson 4 School of Public Affairs at the University of Texas at Austin to study and review 5 models for oversight, transparency, and accountability adopted in other states and 6 provide recommendations through a report of its findings to the Legislature of 7 Louisiana no later than February 1, 2022. 8 WHEREAS, the Legislature of Louisiana entered into a bipartisan justice 9reinvestment process, as advanced by the Justice Reinvestment Initiative, that resulted in 10legislation to decrease Louisiana's prison population and to end Louisiana's title as the state 11with the highest incarceration rates in the country; and 12 WHEREAS, Louisiana still has the highest incarceration rate in the country, with 13around thirty thousand individuals in state prisons; and 14 WHEREAS, approximately one-half of the individuals committed to the custody of 15the Department of Public Safety and Corrections to serve a judicially ordered sentence 16actually serve time in a local jail instead of a state prison; and 17 WHEREAS, Louisiana is relatively unique because one-half of the sentenced 18population are housed in local jails, which has a disparate impact on women since the 19flooding of the Louisiana Correctional Institute for Women in 2016; and Page 1 of 4 HLS 21RS-3064 ORIGINAL HCR NO. 89 1 WHEREAS, the Constitution of the United States and the Constitution of Louisiana 2prohibit "cruel and unusual punishment", which includes requirements for the provision of 3adequate safety and health-related services for every incarcerated person; and 4 WHEREAS, there are no statewide transparency or accountability initiatives to 5assure the public that conditions of confinement meet constitutional standards; and 6 WHEREAS, conditions of confinement can meaningfully impact recidivism and 7relationships between incarcerated individuals and their families and communities; and 8 WHEREAS, other states have made efforts to improve the conditions in their prisons 9and jails; and 10 WHEREAS, Louisiana should strive to enact statewide standards to ensure the 11conditions in the prisons and jails serve the public interest, meet national and constitutional 12standards, and are subject to meaningful oversight, transparency, and accountability; and 13 WHEREAS, Voice of the Experienced is a Louisiana membership organization by 14and for persons who are directly impacted by the criminal justice system, including 15incarcerated persons and their family members, persons under community supervision, and 16persons living with the lifetime impacts of criminal convictions; and 17 WHEREAS, Loyola University New Orleans College of Law is a Louisiana 18university committed to public service and holds the only public database of deaths in 19Louisiana carceral facilities; and 20 WHEREAS, Louisiana Stop Solitary Confinement Coalition represents more than 21one dozen organizations seeking an end to the practice of solitary confinement in Louisiana 22prisons and jails; and 23 WHEREAS, the Lyndon B. Johnson School of Public Affairs at the University of 24Texas at Austin is one of the preeminent public affairs schools in the United States and has 25comprehensively studied the issue of conditions in prisons and jails nationwide. 26 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby 27urge and request Voice of the Experienced, Loyola University New Orleans College of Law, 28Louisiana Stop Solitary Confinement Coalition, and the Lyndon B. Johnson School of Public 29Affairs at the University of Texas at Austin to assess existing non-mandatory standards and Page 2 of 4 HLS 21RS-3064 ORIGINAL HCR NO. 89 1provide recommendations on mandatory standards for Louisiana prisons and jails, including 2methods of accountability and enforcement. 3 BE IT FURTHER RESOLVED that Voice of the Experienced, Loyola University 4New Orleans College of Law, Louisiana Stop Solitary Confinement Coalition, and the 5Lyndon B. Johnson School of Public Affairs at the University of Texas at Austin assess 6standards that are applied to distinct populations, including inmates housed in Department 7of Public Safety and Corrections facilities, Department of Public Safety and Corrections 8inmates housed in parish jails, and pretrial detainees held in parish jails. 9 BE IT FURTHER RESOLVED that Voice of the Experienced, Loyola University 10New Orleans College of Law, Louisiana Stop Solitary Confinement Coalition, and the 11Lyndon B. Johnson School of Public Affairs at the University of Texas at Austin assess 12health and safety conditions in Louisiana prisons and jails, and make recommendations to 13improve health and safety conditions in Louisiana prisons and jails. 14 BE IT FURTHER RESOLVED that Voice of the Experienced, Loyola University 15New Orleans College of Law, Louisiana Stop Solitary Confinement Coalition, and the 16Lyndon B. Johnson School of Public Affairs at the University of Texas at Austin specifically 17review models for oversight, transparency, and accountability adopted in other states and 18provide recommendations for a statewide oversight, transparency, and accountability model 19for Louisiana prisons and jails. 20 BE IT FURTHER RESOLVED that Voice of the Experienced, Loyola University 21New Orleans College of Law, Louisiana Stop Solitary Confinement Coalition, and the 22Lyndon B. Johnson School of Public Affairs at the University of Texas at Austin may work 23with and receive information from various stakeholders in the criminal justice system, 24including representatives of the Department of Public Safety and Corrections, the Louisiana 25Sheriffs' Association, and the Louisiana Department of Health. 26 BE IT FURTHER RESOLVED that Voice of the Experienced, Loyola University 27New Orleans College of Law, Louisiana Stop Solitary Confinement Coalition, and the 28Lyndon B. Johnson School of Public Affairs at the University of Texas at Austin may also 29study relevant case law and best practices to better understand other approaches to 30state-based standards and oversight. Page 3 of 4 HLS 21RS-3064 ORIGINAL HCR NO. 89 1 BE IT FURTHER RESOLVED that Voice of the Experienced, Loyola University 2New Orleans College of Law, Louisiana Stop Solitary Confinement Coalition, and the 3Lyndon B. Johnson School of Public Affairs at the University of Texas at Austin report their 4findings to the Louisiana Legislature no later than February 1, 2022. 5 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the 6executive director of Voice of the Experienced, the dean of the Loyola University New 7Orleans College of Law, the executive director of Louisiana Stop Solitary Confinement 8Coalition, and the dean of the Lyndon B. Johnson School of Public Affairs at the University 9of Texas at Austin. 10 BE IT FURTHER RESOLVED that one print copy and one electronic copy of any 11report produced pursuant to this Resolution be submitted to the David R. Poynter Legislative 12Research 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 89 Original 2021 Regular Session Marcelle Requests the Voice of the Experienced, Loyola University New Orleans College of Law, La. Stop Solitary Confinement Coalition, and the Lyndon B. Johnson School of Public Affairs at the University of Texas at Austin to study and review models for oversight, transparency, and accountability adopted in other states and provide recommendations through a report of their findings to the Legislature no later than Feb. 1, 2022. Page 4 of 4