Implementing Strategies Focused on Louisiana's High Number of Nonviolent Offenders could Reduce the Incarceration Rate

Louisiana could reduce its incarceration rate and save money by implementing strategies other states have used to reduce their nonviolent prison populations, the Legislative Auditor said in a report released today. Currently, Louisiana has the highest incarceration rate in the United States and incarcerates a higher number of nonviolent offenders than the national average. Auditors found that 59% of individuals incarcerated from 2009 to 2015 were convicted of nonviolent offenses only, meaning they had no violent convictions in their past.

Performance auditors examined best practices among other Southern states, surveyed Louisiana's 42 judicial districts, and analyzed data from the state Department of Corrections to identify which strategies could have the most impact on the incarceration rate, the state auditor said.

Auditors recommended an expansion of pretrial diversion and specialty courts that divert nonviolent offenders from prison. Currently, 37 of the state's 42 judicial districts offer a pretrial diversion program, and 28 operate a specialty court. However, while Louisiana's drug courts have demonstrated cost savings, better data collection is needed to evaluate whether the programs are effective.

Other strategies include reducing the use of mandatory minimum sentences and the habitual offender law for non-violent offenders and sentencing certain nonviolent offenders to probation as ways to reduce the incarceration rate. Between 2009 and 2015, more than half of mandatory minimum sentences were for nonviolent crimes, and 77.5% of habitual offender cases were for nonviolent offenses.

In addition, expanding rehabilitation programs at the local level that are effective at decreasing recidivism also could help reduce the incarceration rate. Auditors found that although local jails house more non-violent offenders than state facilities, they have fewer rehabilitation programs and higher recidivism rates. Furthermore, 43% of local facilities do not offer any treatment programs.

Increasing re-entry services at the local level to help offenders transition back into society also could help reduce Louisiana's incarceration rate. Auditors found that re-entry programs can reduce recidivism by 32% and save approximately $14 million per year. However, only 38% of local facilities offer the standard 100 hour re-entry program.

The report also says that past reform efforts that have resulted in more offenders on parole have increased caseloads for probation and parole officers by 12.9%. Expanding strategies to reduce the amount of supervision required for low-risk, non-violent offenders could reduce the incarceration rate by focusing probation and parole resources on offenders most likely to re-offend.