HLS 21RS-3064 ENGROSSED 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 the Department of Public Safety and Corrections and the Louisiana 3 Sheriffs' Association, in conjunction with the technical and research assistance 4 provided by the Lyndon B. Johnson School of Public Affairs at the University of 5 Texas at Austin, to study and review the Basic Jail Guidelines and current methods 6 of evaluation and enforcement of such guidelines, to study and evaluate models for 7 oversight, transparency, and accountability adopted in other states regarding the 8 housing of inmates in local jail facilities, to provide recommendations for 9 modifications to the Basic Jail Guidelines and methods of compliance evaluation and 10 enforcement of the Basic Jail Guidelines including appropriate funding levels 11 necessary to carry out such recommendations, and to provide a report to the 12 Legislature of Louisiana no later than September 1, 2022. 13 WHEREAS, the Legislature of Louisiana entered into a bipartisan justice 14reinvestment process, as advanced by the Justice Reinvestment Initiative, that resulted in 15legislation designed to safely reduce Louisiana prison population and reinvest savings back 16into programs that promote successful transition back to communities; and 17 WHEREAS, the Louisiana system which utilizes both state prisons and local jails to 18house persons committed to the custody of the Department of Public Safety and Corrections 19presents unique and complex challenges regarding housing conditions and the provision of 20programming; and Page 1 of 4 HLS 21RS-3064 ENGROSSED HCR NO. 89 1 WHEREAS, these complex challenges include but are not limited to limitation on 2state funds available for housing per diem rates to ensure local jails are able to provide 3reentry, educational, and vocational programming, appropriate staffing levels, employee 4retention, and facility spacing comparable to that of state prison facilities; and 5 WHEREAS, approximately twelve thousand of the persons committed to the custody 6of the Department of Public Safety and Corrections to serve judicially ordered sentences are 7housed in local jails across the state; and 8 WHEREAS, despite these challenges, Louisiana has made significant strides in the 9reduction of the prison population and the expansion of available programming and 10resources in local jails through the creation of regional reentry centers and other local level 11partnerships; and 12 WHEREAS, local jails that house state inmates are required to comply with the 13Department of Public Safety and Corrections Basic Jail Guidelines; and 14 WHEREAS, the nature of housing conditions and availability of reentry 15programming can meaningfully impact recidivism and relationships between incarcerated 16individuals and their families and communities; and 17 WHEREAS, since 2008, the Department of Public Safety and Corrections in 18partnership with the Louisiana Sheriffs' Association and sheriffs' offices have made 19significant efforts to improve the housing conditions in certain jails across the state with the 20creation of eleven regional reentry centers in local jails that provide pre-release, reentry, 21educational, and rehabilitative programming to state inmates housed in such local jails; and 22 WHEREAS, the Department of Public Safety and Corrections and the Louisiana 23Sheriffs' Association seek to continue to improve housing conditions in local jails through 24the continued expansion of programming contingent upon the availability of funding, to 25revise and modify the Basic Jail Guidelines, and ensure the uniform enforcement thereof; 26and 27 WHEREAS, the Lyndon B. Johnson School of Public Affairs at the University of 28Texas at Austin is one of the preeminent public affairs schools in the United States and has 29comprehensively studied housing conditions in prisons and jails nationwide. Page 2 of 4 HLS 21RS-3064 ENGROSSED HCR NO. 89 1 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby 2urge and request the Department of Public Safety and Corrections and the Louisiana Sheriffs' 3Association, in conjunction with the Lyndon B. Johnson School of Public Affairs at the 4University of Texas at Austin, to study and review the Department of Public Safety and 5Corrections Basic Jail Guidelines, including methods of evaluation and enforcement, 6mandatory and non-mandatory standards of confinement as required by the American 7Correctional Association as applicable to local jails, and the programming and resource 8needs of local jails, to recommend modifications to the Basic Jail Guidelines and existing 9methods of enforcement and compliance and the expansion of programming resources in 10local jails, and to identify the appropriate funding levels necessary to carry out such 11recommendations in order to further improve the housing conditions. 12 BE IT FURTHER RESOLVED that the Department of Public Safety and 13Corrections, the Louisiana Sheriffs' Association, in conjunction with the Lyndon B. Johnson 14School of Public Affairs at the University of Texas at Austin may work with and receive 15information from various stakeholders in the criminal justice system, including 16representatives of the Department of Public Safety and Corrections, the Louisiana Sheriffs' 17Association, the Louisiana Department of Health, and the Louisiana Supreme Court. 18 BE IT FURTHER RESOLVED that the Department of Public Safety and Corrections 19and the Louisiana Sheriffs' Association, in conjunction with the technical assistance of the 20Lyndon B. Johnson School of Public Affairs at the University of Texas at Austin, report their 21findings to the Louisiana Legislature no later than September 1, 2022. 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 Engrossed 2021 Regular Session Marcelle Requests the Dept. of Public Safety and Corrections and the La. Sheriffs' Association, in conjunction with technical and research assistance from 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 Sept. 1, 2022. Page 3 of 4 HLS 21RS-3064 ENGROSSED HCR NO. 89 Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Administration of Criminal Justice to the original bill: 1. Remove Voice of the Experienced, Loyola University College of Law, and La. Stop Solitary Confinement Coalition and request that the study be conducted by the Dept. of Public Safety and Corrections and the La. Sheriffs' Association. 2. Change the deadline to report findings to the legislature from Feb. 1, 2022, to Sept. 1, 2022. 3. Rephrase the statements supporting the study request. Page 4 of 4