BATON ROUGE, La. (BRPROUD) – The United States Department of Justice says it believes the Louisiana Department of Public Safety and Corrections (LDOC) has violated inmates’ Fourteenth Amendment by keeping them in custody beyond their release date.
According to a press release, the DOJ learned the LDOC denies due process rights to timely release from incarceration and fails to implement sufficient policies causing extended confinement. Federal officials said LDOC has been on notice regarding the issue for over 10 years and has failed to make the proper adjustment to ensure a timely release.
Between January and April of 2022, almost 27% of people released from LDOC have been held past their release date, and of those people, 24% were held for at least 90 additional days, according to the DOJ. Officials said in that four-month period, LDOC had to pay parish jails an estimated minimum of $850,000 in fees for days beyond their sentence.
Louisiana Department of Corrections released this statement in response to the Justice Department report.
“The Department of Corrections is currently reviewing the U.S. Department of Justice report that was released today. Without a full review of the report’s findings and documentation supporting said findings, it would be a challenge to provide a comprehensive response at this time. The Department of Corrections has been cooperative for the entire duration of the investigation, and we will continue to work with DOJ throughout this process.”
The DOJ provided LDOC with the following notice:
“The Constitution guarantees that people incarcerated in jails and prisons may not be detained beyond their release dates, and it is the fundamental duty of the State to ensure that all people in its custody are released on time,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Our investigation uncovered evidence of systemic violations by the Louisiana Department of Public Safety and Corrections that have resulted in the routine confinement of people far beyond the dates when they are legally entitled to be released. We are committed to taking action that will ensure that the civil rights of people held in Louisiana’s jails and prisons are protected. We stand ready to work with state officials to institute long overdue reforms.”
“Persons are legally incarcerated every day in America and are ordered by the court to serve certain sentences primarily for punishment, deterrence and rehabilitation purposes,” said U.S. Attorney Brandon B. Brown for the Western District of Louisiana. “This ultimately benefits the individual, society and the criminal justice system. There is an obligation both to incarcerated persons and the taxpayers not to keep someone incarcerated for longer than they should be. This can be costly from a physical and mental standpoint for the incarcerated individual and a waste of money for the taxpayer. Timely release is not only a legal obligation, but arguably of equal importance, a moral obligation. We look forward to working with the Louisiana Department of Corrections to ensure that it has the policy and tools going forward to prevent overdetention from reoccurring.”
“It is the job of the U.S. Department of Justice to protect the constitutional rights of every person, including individuals who are incarcerated,” said U.S. Attorney Ronald C. Gathe Jr. for the Middle District of Louisiana. “While all government agencies operate under constraints, that is no excuse for violating the rights of people who have served their sentences and are ready to start their lives anew. Federal law requires equal justice for all. My office is committed to enforcing that mandate.”
“Today’s findings demonstrate the Department of Justice’s commitment to hold accountable institutions entrusted to protect the rights of all citizens, including people within the Louisiana Department of Corrections,” said U.S. Attorney Duane Evans for the Eastern District of Louisiana. “Lawfully convicted people should not serve a day beyond their official designated release dates. Louisiana is wasting money on incarcerating people beyond their release dates and incurring legal expenses in defending lawsuits filed by the overdetained. We look forward to working with all affected parties to correct this problem.”Department of Justice
Federal officials said the investigation began in December 2020 under the Civil Rights of Institutionalized Persons Act.