A U.S. Justice Department probe has concluded that the Louisiana Department of Public Safety and Corrections has consistently held inmates past their release dates in violation of their 14th Amendment rights.
Last week’s announcement concluded that the practice has been common for a decade and affected nearly 27 percent of inmates while costing the state more than $2.5 million annually. And the additional time served by inmates – about 29 days on average – is also costing the department money through legal fees incurred by the affected inmates filing civil lawsuits.
“Lawfully convicted people should not serve a day beyond their official designated release dates,” U.S. Attorney Duane Evans for the Eastern District of Louisiana said in a prepared statement. “Louisiana is wasting money on incarcerating people beyond their release dates and incurring legal expenses in defending lawsuits filed by the over-detained.”
An LDOC spokesman said the department is now reviewing the federal report.
“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,” department spokesman Ken Pastorick told the Louisiana Record in an email. “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 department has been “deliberately indifferent” to the issue of inmates not being released by their designated release dates, according to the Justice Department. Among those who were detained beyond their release dates, nearly one-fourth were held for at least 90 days more than they should have been, federal officials said.
The ACLU of Louisiana, which has represented inmates in a number of civil lawsuits, commended the Department of Justice for its efforts to protect prisoners’ constitutional rights.
“As the prison capital of the world, Louisiana has a responsibility to end the needless brutality of over-incarceration,” the Louisiana ACLU’s executive director, Alanah Odoms, said in a prepared statement. “Too many people in our state, disproportionately people of color, face lengthy incarceration and are needlessly separated from their families and society.”
Federal officials involved in the investigation have pledged to help the LDOC adopt policies and use tools to avoid excessive incarcerations in the future.