ENROLLED
2021 Regular Session
HOUSE RESOLUTION NO. 198
BY REPRESENTATIVE VILLIO
A RESOLUTION
To request the House Committee on Administration of Criminal Justice, or a subcommittee
thereof, to study non-capital felony sentencing and evaluate the procedures, best
practices, transparency, and effectiveness of sentencing for those convicted of
non-capital felony offenses in Louisiana in order to best assure the fair
administration of justice.
WHEREAS, the fair administration of justice requires that all stakeholders within
the criminal justice system, including victims, defendants, defense counsel, prosecutors,
judges, and the Department of Pubic Safety and Corrections should be afforded the
opportunity to accurately calculate the amount of time to be served by an individual
convicted of a felony offense in Louisiana and the projected release date upon the
completion of that individual's sentence; and
WHEREAS, the current scheme of felony sentencing, including but not limited to
good time calculations, parole eligibility, early release programs, transitional work
programs, habitual offender procedures, and related provisions are complex and enigmatic;
and
WHEREAS, the current scheme of felony sentencing has resulted in civil litigation
from certain convicted individuals who have sued the Department of Public Safety and
Corrections for holding them beyond their actual release dates due to the failure of the
department to timely calculate and effectuate their release; and
WHEREAS, the current scheme of felony sentencing has resulted in the inability of
stakeholders to advise victims and crime survivors of an accurate release date for those
convicted of felony crimes and sentenced to hard labor within the Department of Public
Safety and Corrections; and
Page 1 of 3 HR NO. 198 ENROLLED
WHEREAS, the current scheme of felony sentencing has resulted in an investigation
by the United States Department of Justice into the over-detention of inmates due to the
inability to timely calculate accurate release dates; and
WHEREAS, twenty-four states have utilized a transparency sentencing scheme
which operates to provide clarity to all stakeholders as to the amount of time to be served
prior to release when committed to a period of incarceration for a conviction of a felony
offense in those states; and
WHEREAS, states that have implemented and applied such transparency sentencing
procedures have reported a reduction in the rate of incarceration, a reduction in the rate of
recidivism, a reduction in the crime rates, and an increase in clarity.
THEREFORE, BE IT RESOLVED that the House of Representatives of the
Legislature of Louisiana requests the House Committee on Administration of Criminal
Justice, or a subcommittee thereof, to study non-capital felony sentencing with the intent of
developing best practices regarding transparency in sentencing for those convicted of felony
crimes within Louisiana and to propose recommendations that would effectuate the fair
administration of justice for both the victims of crime, survivors of crime, defendants in
criminal proceedings, and the citizens of Louisiana, and to report its findings to the House
of Representatives no later than February 15, 2022.
BE IT FURTHER RESOLVED that the House Committee on Administration of
Criminal Justice may receive information from all of the following organizations:
(1) The governor's office.
(2) The Louisiana Supreme Court.
(3) The Louisiana District Judges Association.
(4) The Department of Public Safety and Corrections.
(5) The Victims of Innocent Citizens Empowered, Incorporated.
(6) The state public defender.
(7) The Louisiana District Attorneys Association.
(8) The Louisiana Sheriffs' Association.
(9) The Board of Pardons and committee on parole.
(10) The Louisiana Probation and Parole Officers Association.
(11) The Louisiana Sentencing Commission.
Page 2 of 3 HR NO. 198 ENROLLED
(12) Organizations that represent the interests of incarcerated and formerly
incarcerated individuals and families.
(13) The Louisiana Association of Criminal Defense Lawyers.
(14) Any other interested stakeholders.
BE IT FURTHER RESOLVED that one print copy and one electronic copy of any
report produced pursuant to this Resolution shall be submitted to the David R. Poynter
Legislative Research Library as required by R.S. 24:772.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
Page 3 of 3