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SCOTUS is Waging a War on Our Rights

WHAT’S NEW IN THE CRIMINAL LEGAL SYSTEM?

SCOTUS: Louisiana Congressional Map

Last week, the Supreme Court of The United States (SCOTUS) reinstated Louisiana’s racist map, drawn by Republican legislators earlier this year.

“District Court Judge Shelly Dick, a Barack Obama appointee, ruled earlier this month that the map likely violated the VRA. Under the map lines, one of the state’s six districts is majority Black, even though approximately one-third of the state’s population is Black. Republicans have a 5-1 advantage in Louisiana’s congressional delegation, with Democratic Rep. Troy Carter representing the one majority-Black seat. Dick had ordered the Louisiana legislature to redraw the map with a second heavily Black district.

The Supreme Court’s stay of that order likely resolves the last redistricting challenge outstanding ahead of the midterms, locking in 50 states’ worth of congressional lines with a little over four months to go until the November election.” – Politico

SCOTUS: Shinn v. Martinez Ramirez

If you thought these Supreme Court Justices were going to stop at abortion rights, you are sadly mistaken. This decision led by Justice Clarence Thomas didn’t get much news coverage, but it will affect millions of Americans who encounter the criminal legal system.

Sine Die & LGBTQ+ Youth in Prisons

“Adjournment **sine die** is the conclusion of a meeting by a deliberative assembly, such as a legislature or organizational board, without setting a day to reconvene.” So, **what’s next?**

Legislative Updates

HB 707: EXPUNGEMENT / CLEAN SLATE

HB 707, sponsored by Rep. Royce Duplessis, would have automated the expungement process for low-level records. Specifically, (1) arrests that did not lead to conviction, (2) misdemeanors, 5 years since the end of the sentence, (3) felonies eligible for “first offender pardon,” (4) non-violent felonies, 10 years since the end of the sentence.

The bill ultimately failed to receive enough votes to make it out of the Senate. Right now, it costs roughly $550 on top of an attorney, to get someone’s record expunged. This makes it incredibly difficult and virtually impossible for many low-income people to have their records cleared. We have been in a 4-year battle for this bill and will continue to fight for it. HB 707 failed with a vote of 42 yeas and 57 nays.

You can attend JAC’s next expungement clinic at our VOTE office in New Orleans on July 13th. For more information, click here.

HB 746: JUVENILE SOLITARY CONFINEMENT

HB 746, by Rep. Royce Duplessis, limits the amount of time a juvenile can be placed in solitary confinement. The bipartisan bill passed the House with a vote of 84 yeas and 11 nays, then passed the Senate with a vote of 32 yeas and 0 nays. HB 746 was amended twice while Duplessis worked with stakeholders, including the Office of Juvenile Justice. The bill has been sent to the Governor and is waiting on executive approval.

It’s the Final Week of This Legislative Session!

Legislative Updates

HB 517: MEDICAL ADVISORY COMMITTEE

HB 517 creates a Medical Advisory Committee within the D.O.C that will report quarterly to the Department of Health. Medical and administrative staff will be hired across 8 facilities and provide constitutional medical care for incarcerated individuals. This is a huge win, for far too long those of us on the inside have been treated as less than human and it’s time that’s changed.

Tuesday the bill received a vote of 33 yeas and 0 nays. The Speaker of the House (Rep. Clay Schexnayder) and President of the Senate (Sen. Patrick Page Cortez) have both signed the bill. It will now be up to Governor John Bel Edwards to sign it into law.

HB 707: EXPUNGEMENT

Getting an expungement is no easy feat. It costs a lot of time and money. HB 707, sponsored by Rep. Royce Duplessis, would automate the expungement process for low-level records. Specifically, (1) arrests that did not lead to conviction, (2) misdemeanors, 5 years since the end of the sentence, (3) felonies eligible for “first offender pardon,” (4) non-violent felonies, 10 years since the end of the sentence. The bill was heard in the Senate Committee on Finance Tuesday.

The legislation would require the Louisiana Bureau of Criminal Identification and Information to identify all records with a court’s final determination of a charge for individuals who are eligible for an expungement. Starting August 1, 2024, the bureau would send these records to the Louisiana Supreme Court Case Management Information System. Rep. Duplessis proposed a budget of $3 million dollars for the first year and $7.7 million over the course of five years. Sen. Fesi gave an amendment stating that in the second year a fee would be applied to the individual seeking the expungement. Once they got a job, it would come out of their income taxes to help pay for the expungement. According to Duplessis, the bill would impact 2.5 million records. The amendments were adopted and the bill was moved favorably.

Some Wins, Some Losses, We Keep Fighting

*Only a week and some change left in this legislative session, read along to find out how things are panning out.*

Legislative Updates

HB 1077: Non-Unanimous Jury Bill

Our public awareness campaign, pointing out the many flaws in this bill, has had an impact. A special shoutout is deserved for those incarcerated people who shared with us their views from the Inside, regarding their own fates and Jim Crow verdicts. The bill sponsor, Rep. Randall Gaines, sought to introduce amendments that would make the bill less damaging, and Rep. Royce Duplessis clearly articulated the problems with the parole process the District Attorneys have drafted for the legislature. Those amendments were voted down, and Rep. Gaines has not been able to find common ground with D.A.’s, who clearly hold a “veto power” within our legislative branch.

Today Rep. Gaines pulled HB 1077, killing the bill for this legislative session.

HB 517: Medical Advisory Committee

HB 517, by Rep. Larry Selders, was presented with no opposition in the Judiciary B Committee. The bill was reported favorably and will be voted on for final passage. HB 517 creates a Medical Advisory Committee within the DOC that will report quarterly to the Dept. of Health. Will Harrell, VOTE’s Policy Counsel, testified only to thank Rep. Selders and the DOC for working with VOTE on the bill. Harrell stated, “The version of the bill right now is scaled back significantly [from] when it was first filed, but we believe it’s still going to serve a great purpose [and] provide transparency to allow us to continue to work in collaboration with DOC to enhance medical services in our facilities.”

No More 10-2 Verdicts!

*Louisiana needs to revisit non-unanimous jury convictions. Read on to see what we’re up against.*

Legislative Session Updates

NON-UNANIMOUS JURY RETROACTIVITY

OUR CURRENTLY INCARCERATED MEMBERS REACT TO HB 1077

Legislators at the Louisiana Capitol have expressed various motivations regarding prison issues, including the current legal challenge regarding approximately 1500 people who languish in prison with non-unanimous convictions. Most of these people are currently sentenced until their death. The U.S. Supreme Court instructed Louisiana that retroactively reversing these (now universally recognized as) unconstitutional convictions is up to them, and both the legislature and courts have been called upon to act.

VOTE’s most recent email to legislators regarding HB 1077 invited them to visit people in prison and ask their views on the bill. And only yesterday, in a hearing regarding counting incarcerated people as “residents” of a district for the purpose of apportioning legislative power, several legislators expressed their close connection to the prisons. Rep. Lacombe, who represents 6000 residents confined in Angola, called them a part of the “community.” Rep. Deshotel, who represents people confined in two prisons in the Cottonport area mentioned his support for capital outlay projects (a.k.a. prison construction and repairs). Rep. Ivey explained how he hears from people in prison “all the time,” albeit via family members of the currently incarcerated. Rep. Gaines, who sponsored HB 1077, has expressed how he is trying to help the 1500 convicted through Jim Crow trials, and believes this bill, creating parole eligibility, may be the best we can do.

Despite all those declarations of community, we’ve heard no responses from lawmakers wishing to visit.

The Reddick Case, Criminalizing Abortion, & More!

Legislative Session Updates

NON-UNANIMOUS JURY / THE REGINALD REDDICK CASE

In 2021, the Supreme Court ruled that its decision in Ramos v. Louisiana held that the Sixth Amendment requires a unanimous jury verdict to convict someone—does not apply to those who were wrongly convicted before that decision.

Tuesday, May 10th, the LA Supreme Court heard oral arguments in Reddick v. Louisiana, the case to determine whether the U.S. Supreme Court’s Ramos decision should apply retroactively to people convicted by Jim Crow juries.

The surprising part about the State’s argument in favor of keeping people convicted under Jim Crow juries is how poorly it was crafted and defended. However, those of us who have been fighting the system know, even those of us who help a wrongfully convicted person be released after decades, that the State need not craft good arguments.

The State rested its case on two major points: (1) There are no watershed new rules, i.e. there is nothing groundbreaking to change in the realm of our criminal legal system. (2) The Legislature is crafting a remedy, so the Court need not do anything.

Within the State’s argument that we lack the resources to provide new trials for 1500 people, they said: “only about 50-100 people are actually innocent.” Let that sink in. They did not propose how to figure out who those 50 to 100 people are (typically, this is only done through a trial). They merely said that constitutional trials should not be required for people already convicted. Considering that someone who is wrongfully convicted can obtain up to $500,000 from the State, perhaps they see it as a cost savings move to not pay out $50 Million dollars to them?

The Court will now talk amongst themselves. We should not expect a ruling prior to the Legislative Session concluding. Read our full analysis here.

A New Sheriff in Town, Non-Unanimous Jury Updates, Monthly Meetings & More!

*Norris Henderson speaks to press at the LA Legislature, May 202*1

Legislative Session Updates

NON-UNANIMOUS JURY

The struggle continues for those of us fighting to end the damage caused by unconstitutional Jim Crow verdicts. Tomorrow, the House Judiciary Committee will hear HB 744, a flawed bill that would create a parole possibility for some of the people imprisoned under non-unanimous verdicts. Unlike the Juvenile Life Without Parole (JLWOP) issue, where the system had to fix unconstitutional sentences, we are now tasked with fixing unconstitutional convictions. Parole eligibility leaves the conviction intact, and history shows us that this “fix” would most likely be no more than a false hope. When a global pandemic swept through packed dormitories and people were suffering and dying, the System finally responded to public pressure by creating a compassionate release process. Even after narrowing the eligibility down to less than 10% of the incarcerated people, with an entire structure planned out on how to review those convicted of non-violent offenses and already near the end of their sentences: they released 13 people.

Victory a Long Time Coming: In Historic Court Win Louisiana Civil Rights Groups Bring to Light Overwhelming Medical Disparities at Angola

I write this today in celebration. This has been a long time coming. Finally that voice crying out in the wilderness got heard.

For those who don’t know the background of this historic case, let me fill you in. In 2015 civil rights lawyers in Louisiana filed a class action lawsuit on behalf of the more than 6,000 people imprisoned at Angola. Lewis v. Cain argued that patients at Angola had undergone inexcusable and abhorrent treatment, often resulting in continued suffering in place of treatment, refusing to test for ailments despite symptoms, being afflicted with preventable illnesses, over-medication, and untimely death. This win, six years later, is a tremendous moment and a monumental turning point, in DOC accountability.

Statement Regarding Lafayette Library Board’s Rejection of Voting Rights Education Grant

*Lafayette Public Library’s downtown branch in 2018, photo by Leslie Westbrook.*

Voice of the Experienced (VOTE) Lafayette condemns the Lafayette Library Board’s decision to reject a grant for an educational program about voting rights and disenfranchisement. While we are pleased to hear that the program will instead be put on by University of Louisiana at Lafayette’s Edith Garland Dupré Library, the decision from the parish library remains deeply troubling. Board members voted against the grant because the program speakers were “extremely far left,” and instead needed to show “both sides.” The board’s formal statement Monday doubled down on their decision to reject the program’s “potentially controversial” topics.

“This is something that they’re refusing to do as a library, which is supposed to offer facts and information that people can use,” said Consuela Gaines, VOTE Chapter Organizer for Lafayette. “It’s voter suppression to not want to educate people. It’s Black History Month, and I think that’s why they wanted to offer a grant like this, so that those people who are most oppressed by not being allowed to vote aren’t still left in the dark. They still wanted to create an opportunity for people to be educated on the long history behind voting rights.”

Gaines continued:

“In doing this, [the library board] made it a partisan thing. Nothing that these speakers could say would be partisan because it could be fact-checked, it would be on record. A lot of the history of voting rights is unfortunately based on voter suppression and people’s skin color. History is history. There are people in our community who are really upset about this, especially since there are so few Black History Month programs being done [compared to previous years] because of the pandemic. For them to pass this up makes no sense.”

VOTE Lafayette and other VOTE chapters across the state continue to fight one of the most common forms of disenfranchisement: misinformation. While thousands of people with convictions have their voting rights back due to the 2019 passage of Act 636, many do not know they’re even eligible to register. This small grant at the public library was a chance to combat just that kind of disenfranchisement. When democratic institutions decide not to share facts because of fear — or worse, disagreement with the facts — we must question the institution itself.

We look forward to the series’ presentation at ULL and the fruitful community discussion it will create.

Biden’s Executive Order Feels Like Progress: It Isn’t

*President Joe Biden signing the Executive Order on Reforming Our Incarceration System*

As soon as it happened, the tweets, posts, and messages began: “President Biden is shutting down private prisons!” For some of us, we read past the headline. For others of us, we recall the day President Obama issued the same Executive Order — which was subsequently repealed by Trump.

While Obama’s order was to not renew some contracts in the federal system, none of those contracts actually ended during his administration. When Trump repealed the order, some of the contracts were renewed… But now we have a restoration of the order that the contracts should be left to expire. See what is happening here?

More importantly, the order applies to less than 10% of the facilities within the Federal Bureau of Prisons, and less than 10% of the prisons that are holding people for felony convictions. It only amounts to about 14,000 people. It does not touch the many facilities that form the heart of America’s immigrant detention Gulag; around 80% of people in ICE custody are held in private facilities. It does not apply to the private prisons that hold people pre-trial, nor the ones that hold people in state custody. And of course, it does not apply to public prisons, which make up 91% of US prisons and jails.

Most importantly, the order does not get at what is actually wrong with prisons: incarceration.

Read more from our friend, author and professor Lydia Pelot-Hobbs, whose Op-ed is the most comprehensive and accurate writing on the Executive Order.