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The Justice Department announced today that it has concluded there is reasonable cause to believe that the Louisiana Department of Public Safety and Corrections (LDOC) routinely confines people in its custody past the dates when they are legally entitled to be released from custody, in violation of the Fourteenth Amendment.\u00a0<\/p>\n
Specifically, the department concluded that: 1) LDOC denies individuals\u2019 due process rights to timely release from incarceration; 2) LDOC\u2019s failure to implement adequate policies and procedures causes systemic overdetentions; and 3) LDOC is deliberately indifferent to the systemic overdetention of people in its custody. For more than 10 years, LDOC has been on notice of its overdetention problem and has failed to take adequate measures to ensure timely releases of incarcerated individuals from its custody. Between January and April 2022 alone, 26.8% of the people released from LDOC\u2019s custody were held past their release dates. Of those overdetained people, 24% were held over for at least 90 days, and the median number of days overdetained was 29. In just this four-month period, LDOC had to pay parish jails an estimated $850,000, at a minimum, in fees for the days those individuals were incarcerated beyond their lawful sentences. At that rate, this unconstitutional practice costs Louisiana over $2.5 million a year.\u00a0\u00a0<\/p>\n
As required by the Civil Rights of Institutionalized Persons Act (CRIPA), the department provided LDOC with written notice of the supporting facts for these findings and the minimum remedial measures necessary to address them.<\/p>\n
\u201cThe 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,\u201d said Assistant Attorney General Kristen Clarke of the Justice Department\u2019s Civil Rights Division. \u201cOur 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\u2019s jails and prisons are protected. We stand ready to work with state officials to institute long overdue reforms.\u201d<\/p>\n
\u201cPersons are legally incarcerated every day in America and are ordered by the court to serve certain sentences primarily for punishment, deterrence and rehabilitation purposes,\u201d said U.S. Attorney Brandon B. Brown for the Western District of Louisiana.\u202f\u201cThis ultimately benefits the individual, society and the criminal justice system.\u202fThere is an obligation both to incarcerated persons and the taxpayers not to keep someone incarcerated for longer than they should be.\u202fThis can be costly from a physical and mental standpoint for the incarcerated individual and a waste of money for the taxpayer.\u202fTimely release is not only a legal obligation, but arguably of equal importance, a moral obligation.\u202fWe 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.\u201d<\/p>\n
\u201cIt is the job of the U.S. Department of Justice to protect the constitutional rights of every person, including individuals who are incarcerated,\u201d said U.S. Attorney Ronald C. Gathe Jr. for the Middle District of Louisiana. \u201cWhile 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.\u201d<\/p>\n
\u201cToday\u2019s findings demonstrate the Department of Justice\u2019s commitment to hold accountable institutions entrusted to protect the rights of all citizens, including people within the Louisiana Department of Corrections,\u201d said U.S. Attorney Duane Evans for the Eastern District of Louisiana. \u201cLawfully 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.\u201d<\/p>\n
The Justice Department initiated the investigation in December 2020 under CRIPA, which authorizes the Department to take action to address a pattern or practice of deprivation of legal rights of individuals confined to state or local government-run correctional facilities.<\/p>\n
Individuals with relevant information are encouraged to contact the Justice Department by phone at 1-833-492-0097, or by email at\u00a0community.louisianadoc@usdoj.gov<\/a>.<\/p>\n For more information about the Civil Rights Division and the Special Litigation Section, please visit: https:\/\/www.justice.gov\/crt\/special-litigation-section. You can also report civil rights violations to the Civil Rights Division by completing a complaint form available at:\u00a0https:\/\/civilrights.justice.gov\/<\/a>.<\/p>\n Additional information about the Eastern, Middle, and Western U.S. Attorneys Offices is available at:\u00a0https:\/\/www.justice.gov\/usao-edla<\/a>\u00a0,\u00a0https:\/\/www.justice.gov\/usao-mdla<\/a>\u00a0, and\u00a0https:\/\/www.justice.gov\/usao-wdla<\/a>.\u00a0<\/p>\n<\/div>\n