Louisiana 2011 Regular Session

Louisiana House Bill HCR98

Introduced
5/16/11  
Refer
5/17/11  

Caption

Requests that the La. State Law Institute evaluate La.'s compliance with the U. S. Supreme Court's ruling regarding juvenile life sentences without parole

Impact

The adoption of HCR98 could significantly affect existing juvenile sentencing laws in Louisiana. If the evaluation finds inconsistencies with the Supreme Court ruling, it may lead to amendments in the state statutes concerning the sentencing of juveniles convicted of non-homicide offenses. This could provide those currently serving life sentences without parole a potential pathway to a more favorable outcome, considering the possibility for meaningful review and release. The impact extends beyond individual cases, suggesting a broader legislative shift towards more rehabilitative approaches to juvenile offenders.

Summary

HCR98, a House Concurrent Resolution, requests the Louisiana State Law Institute to evaluate the state's compliance with the U.S. Supreme Court ruling in Graham v. Florida regarding juvenile life sentences without the possibility of parole. The Supreme Court ruling highlighted the constitutional issues surrounding the sentencing of juveniles, specifically stating that sentencing a juvenile for a non-homicide crime to life without parole is considered cruel and unusual punishment under the Eighth Amendment. This resolution serves as a proactive measure to ensure that Louisiana's laws align with the federal mandate and addresses ongoing concerns about juvenile justice reform within the state.

Sentiment

The general sentiment surrounding HCR98 appears supportive among advocates of juvenile justice reform who emphasize the importance of aligning state law with Supreme Court decisions. Proponents argue that this evaluation is a necessary step in providing fair treatment to juveniles and recognize the importance of rehabilitation. However, there exists contention among some lawmakers and community members who might be concerned about public safety issues and the implications of potentially lenient sentencing for serious offenses committed during youth.

Contention

Notable points of contention may arise from discussions around the practical implementation of any recommendations made by the Louisiana State Law Institute. Legislators and stakeholders will likely scrutinize the ramifications of altering sentencing laws, particularly weighing the risks associated with releasing juvenile offenders versus the moral imperative to correct past injustices in the sentencing process. The decision to amend laws will place local leaders in difficult positions as they balance community safety concerns with the advantages of progressive justice reforms.

Companion Bills

No companion bills found.

Previously Filed As

LA SCR37

Directs the Louisiana State Law Institute to evaluate Louisiana's compliance with the United States Supreme Court ruling regarding juvenile life sentences without parole.

LA HCR245

Urges and requests the La. State Law Institute to evaluate progress toward achieving the "Missouri Model" of juvenile justice reform

LA SCR131

Urges and requests the La. State Law Institute to evaluate progress toward achieving the "Missouri Model" of juvenile justice reform.

LA SB16

Provides relative to certain juveniles sentenced to life without parole. (gov sig)

LA SB127

Provides relative to juveniles sentenced to life without parole. (gov sig)

LA SB367

Provides relative to certain juveniles sentenced to life without parole. (gov sig)

LA HCR100

Requests that the La. State Law Institute study and provide recommendations regarding the presumed release of a person on unsecured personal surety or bail without surety

LA S0021

Juvenile Life Without Parole

LA HB45

Provides relative to sentencing and parole of certain juvenile offenders sentenced to life imprisonment and terms of imprisonment of more than thirty years (OR INCREASE GF EX See Note)

LA SB2554

Juvenile sentencing; provide criteria for determining parole eligibility and require hearing before imposing life without parole.

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