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EVALUATION OF STRATEGIES TO REDUCE
LOUISIANA’S INCARCERATION RATE AND COSTS
FOR NONVIOLENT OFFENDERS

PERFORMANCE AUDIT SERVICES
ISSUED AUGUST 31, 2016

LOUISIANA LEGISLATIVE AUDITOR
1600 NORTH THIRD STREET
POST OFFICE BOX 94397
BATON ROUGE, LOUISIANA 70804-9397

LEGISLATIVE AUDITOR
DARYL G. PURPERA, CPA, CFE

ASSISTANT LEGISLATIVE AUDITOR
FOR STATE AUDIT SERVICES
NICOLE B. EDMONSON, CIA, CGAP, MPA

DIRECTOR OF PERFORMANCE AUDIT SERVICES
KAREN LEBLANC, CIA, CGAP, MSW

FOR QUESTIONS RELATED TO THIS PERFORMANCE AUDIT, CONTACT
MICHAEL BOUTTE, PERFORMANCE AUDIT MANAGER,
AT 225-339-3800.

Under the provisions of state law, this report is a public document. A copy of this report has been
submitted to the Governor, to the Attorney General, and to other public officials as required by
state law. A copy of this report is available for public inspection at the Baton Rouge office of the
Louisiana Legislative Auditor.

This document is produced by the Louisiana Legislative Auditor, State of Louisiana, Post Office
Box 94397, Baton Rouge, Louisiana 70804-9397 in accordance with Louisiana Revised Statute
24:513. Ten copies of this public document were produced at an approximate cost of $40.00.
This material was produced in accordance with the standards for state agencies established
pursuant to R.S. 43:31. This report is available on the Legislative Auditor’s website at
www.lla.la.gov. When contacting the office, you may refer to Agency ID No. 9726 or Report ID
No. 40150009 for additional information.
In compliance with the Americans With Disabilities Act, if you need special assistance relative to
this document, or any documents of the Legislative Auditor, please contact Elizabeth Coxe, Chief
Administrative Officer, at 225-339-3800.

LOUISIANA LEGISLATIVE AUDITOR
DARYL G. PURPERA, CPA, CFE

August 31, 2016

The Honorable John A. Alario, Jr.,
President of the Senate
The Honorable Taylor F. Barras,
Speaker of the House of Representatives
Dear Senator Alario and Representative Barras:
This report provides the results of our audit to evaluate potential strategies to reduce
Louisiana’s incarceration rate and costs for nonviolent offenders. I hope this report will benefit
you in your legislative decision-making process. We would like to express our appreciation to
the management and staff of the Department of Corrections and other stakeholders interviewed
for their assistance during this audit.
Sincerely,

Daryl G. Purpera, CPA, CFE
Legislative Auditor
DGP/aa
INCARCERATION RATE 2016

1600 NORTH THIRD STREET • POST OFFICE BOX 94397 • BATON ROUGE, LOUISIANA 70804-9397
WWW.LLA.LA.GOV • PHONE: 225-339-3800 • FAX: 225-339-3870

Louisiana Legislative Auditor
Daryl G. Purpera, CPA, CFE
Evaluation of Strategies to Reduce Louisiana’s
Incarceration Rate and Costs for Nonviolent Offenders
August 2016

Audit Control # 40150009

Introduction
According to the U.S. Department of Justice (USDOJ), as of December 2014, Louisiana
had the highest incarceration rate in the United States with an estimated 816 of every 100,000
residents incarcerated. Recognizing that reforms were needed to reduce Louisiana’s
incarceration rate, the Legislature recently created the Louisiana Justice Reinvestment Task
Force. 1 This task force, with assistance from The Pew Charitable Trusts, will review the
criminal justice system and use a data-driven approach to develop recommendations by March
2017 related to the following three goals:
(1)

Reduce correctional populations and associated correctional spending by focusing
prison space on serious and violent criminals.

(2)

Hold offenders accountable more efficiently by implementing research-based
supervision and sentencing practices.

(3)

Reinvest savings into strategies to decrease recidivism, including improved reentry outcomes.

To provide information to
the Legislature and to assist the
task force in developing
recommendations, the purpose of
this report was to evaluate potential
strategies to reduce incarceration
rates and costs for nonviolent
offenders in Louisiana. We
focused specifically on the
nonviolent offender population as,
in addition to having the highest
incarceration rate, Louisiana
incarcerates a higher number of
nonviolent offenders than the
national average. According to
Department of Corrections (DOC)
data, of the 128,612 individuals
1

Exhibit 1
Felony Conviction History for Offenders
Fiscal Years 2009-2015
Total offenders: 128,612

53,242
41.4%

Violent
offenders

75,370
58.6%

Nonviolent
offenders

22,851
17.8%

52,519
40.8%

Drug-related
crimes only

Not drugrelated crimes
only

Source: Prepared by legislative auditor’s staff using data from DOC.

HCR 82 of the 2015 Regular Session initially and continued by HCR 69 of the 2016 Regular Session.

1

Evaluation of Strategies to Reduce Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

incarcerated or under DOC supervision during fiscal years 2009 to 2015, 75,370 (58.6%) had
nonviolent offenses only, meaning they had no violent convictions in their past, and 22,851
(17.8%) had drug offenses only. Exhibit 1 on the previous page shows the percent of nonviolent
offenders in DOC custody from 2009 to 2015. We also found that 17,610 (73.7%) of 23,904
DOC offenders represented by public defenders 2 from 2010 to 2015 had nonviolent charges and
nonviolent convictions only. Appendix C lists the 10 most prevalent types of nonviolent
offenses.
To address high incarceration rates, Louisiana and 17
In fiscal year 2015, Louisiana spent
other states participated in the Justice Reinvestment Initiative
approximately $680.4 million on
(JRI) facilitated by the USDOJ in 2010. The purpose of this
incarceration, an increase of $25.2 million
(3.9%) from the previous fiscal year.
initiative was to identify specific drivers contributing to each
state’s incarceration rate. In Louisiana, this initiative
identified three drivers including the large percentage of nonviolent offenders in prison, technical
violations of parole resulting in offenders returning to prison, and the declining use of parole.
To address these drivers, the Legislature passed several reforms in 2011 and 2012 that allowed
administrative sanctions for technical
Exhibit 2
violations of probation and parole and
Incarceration
Rate
per
100,000 US Residents − 2014
increased eligibility for traditional and
816
good time parole. For a timeline and
900
700
800
description of recent reforms, see
700
584 593 597 599 633
Appendix D. As a result of these efforts,
600 471 513 517 526
500
Louisiana has made some progress in
400
reducing its incarceration rate.
300
200
According to the USDOJ, Louisiana
100
ranks fourth in the nation for decreasing
0
the number of prisoners in 2014 but still
has the highest incarceration rate in the
country. Exhibit 2 shows Louisiana’s
rate compared to other states and the US.
Source: Prepared by legislative auditor’s staff using data from the
USDOJ.

While incarceration is necessary
for offenders who pose a threat to public safety, implementing strategies to reduce Louisiana’s
incarceration rate, especially for nonviolent offenders, could reduce costs and still keep the
public safe. According to the Center on Budget and Policy Priorities, states that have
implemented criminal justice reforms have seen their crime rates remain low while saving
millions of dollars in prison construction and operating costs, freeing up revenue that can be used
for schools and other priorities.
Our evaluation of potential strategies to reduce incarceration rates and costs for
nonviolent offenders and our recommendations to DOC and the Legislature are outlined on the
pages that follow. Appendix A contains DOC’s and the Louisiana District Attorneys
Association’s responses to the report. Appendix B contains our scope and methodology.
2

We obtained data from the Public Defender Board and matched cases with the DOC population to determine what
the original charge was in each case. The 23,904 cases represent the cases that had a corresponding DOC record and
not the entire population of public defender cases.

2

Evaluation of Strategies to Reduce Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Objective: Evaluate potential strategies to reduce Louisiana’s
incarceration rate and costs for nonviolent offenders.
To evaluate potential strategies to reduce Louisiana’s incarceration rate and reduce costs
for nonviolent offenders, we researched best practices, surveyed each judicial district in the state,
and interviewed an array of criminal justice stakeholders including judges, district attorneys,
sheriffs, public defenders, DOC staff, the Louisiana Supreme Court, and the Louisiana
Sentencing Commission. We also researched other states, specifically focusing on southern
states with similar drivers of incarceration rates that have successfully implemented bi-partisan
reform. In addition, we analyzed DOC’s data on offenders incarcerated or on supervision from
2009 to 2015. Based on this review and analysis, we identified several strategies that have been
used effectively in other states to reduce incarceration rates. These strategies focus particularly
on nonviolent offenders and are organized based on key decision points within the criminal
justice system. These decision points and associated strategies are summarized in Exhibit 3.
Details regarding each strategy are summarized on the pages that follow.
Exhibit 3
Decision Points and Associated Strategies
Decision Point

Strategy

Pre-incarceration: Providing
alternatives to incarceration that include
services to help prevent or divert low
risk or nonviolent offenders from being
incarcerated.

Expanding pretrial diversion and specialty courts could reduce the
incarceration rate by diverting nonviolent offenders from prison.
However, while Louisiana’s drug courts have demonstrated cost
savings, better data collection is needed for pretrial diversion and
other specialty courts to evaluate whether these programs are
effective. (pp. 4-7)

Sentencing: Ensuring that sentences are
fair and proportionate to the crime
committed.

Sentencing reforms, such as reducing the use of mandatory minimum
sentences and the habitual offender law for nonviolent offenders, and
sentencing certain nonviolent offenders to probation instead of prison
could reduce the incarceration rate. (pp. 7-10)

During Incarceration: Providing
effective rehabilitation programs to
offenders while they are incarcerated to
help reduce recidivism and facilitate
their successful re-entry into society.

Release: Providing effective and
appropriate levels of supervision to
offenders after they are released.

Expanding rehabilitation programs in local facilities that are effective
at decreasing recidivism would help reduce the incarceration rate.
Although local jails house more nonviolent offenders, they have
fewer rehabilitation programs and higher recidivism rates than state
facilities. (pp. 10-13)
Further expanding re-entry services at the local level to help offenders
transition back into society would help reduce the incarceration rate.
Re-entry programs can reduce recidivism by 32% and save
approximately $14 million per year. (pp. 13-16)
Because reform efforts have resulted in more offenders on parole, the
caseloads of probation and parole officers have increased by 12.9%.
Reducing the amount of supervision required for low-risk, nonviolent
offenders could lower the incarceration rate by focusing probation
and parole resources on offenders most likely to re-offend.
(pp. 17-20)

Source: Prepared by legislative auditor’s staff from information on pages 4-20 of this report

3

Evaluation of Strategies to Reduce Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Expanding pretrial diversion and specialty courts could
reduce the incarceration rate by diverting nonviolent
offenders from prison. However, while Louisiana’s drug
courts have demonstrated cost savings, better data
collection is needed for pretrial diversion and other
specialty courts to evaluate whether these programs are
effective.
Louisiana offers both pretrial diversion programs, administered by district attorney
offices, and specialty (or problem-solving) courts. Pretrial diversion is an alternative means of
processing a criminal case that may result in the dismissal of the charge(s) if the defendant
completes the program, thus “diverting” an offender from incarceration. Specialty courts are
programs that address a range of social issues, such as mental health and substance abuse, in
order to solve specific problems rather than issue punishments. According to the USDOJ and the
National Conference of State Legislatures, 3 pretrial intervention and specialty courts are
effective at reducing incarceration rates because offenders are provided with specialized services
that address issues driving criminal behavior such as substance abuse and mental illness instead
of being sent to prison. By targeting the underlying root causes of criminal activity, the goal of
these programs is to ultimately reduce offenders’ recidivism. Since no centralized data exists on
all of these programs (except for drug courts), we surveyed all 42 judicial districts to determine
the prevalence, cost, and success of these programs in Louisiana and found the following:
At least 37 (88.1%) of the 42 district attorney offices operate a pretrial intervention
program; however, the lack of centralized data on eligibility criteria, program costs, and
performance outcomes makes it difficult to determine whether these programs are
effective. Pretrial intervention programs have no centralized oversight or standardized collection
of information about costs and outcomes, and each district attorney’s office operates its programs
differently. In Louisiana, the district attorney is responsible for deciding, often on a case-by-case
basis, what crimes and offenders are eligible for pretrial intervention, 4 how much an offender
must pay to participate in the program, and what services are offered or required.
According to our survey, the most common services offered were supervision, anger
management, and counseling − either by external service providers or internal staff. Most
district attorney offices also had a range of fees, from $50 to $2,500 depending on the type of
offense, and some waived fees if participants could not pay. In addition, some district attorney
offices collected outcome information, such as the number of participants completing the
program, while others did not collect any information. However, while some district attorney
offices reported tracking re-arrests, no standardized reporting of recidivism exists, which would
be a good indicator of the effectiveness of these programs. Therefore, requiring standardized
reporting and the collection of certain cost and outcome information, such as recidivism rates,
would help Louisiana expand programs that are working so the state could invest resources in
3

Bureaus of Justice Assistance, “Pretrial Diversion Programs: Research Summary,” October 2010. National
Conference of State Legislatures, “Principles of Effective State Sentencing and Corrections Policy,” August 2011.
4
Usually nonviolent crimes are eligible.

4

Evaluation of Strategies to Reduce Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

those that are most effective. Appendix E shows the results of our survey of pretrial intervention
programs for each judicial district.
At least 28 (66.7%) of the 42 judicial districts have a specialty court. However,
while the Supreme Court collects standardized information on drug court costs and
outcomes, requiring that other specialty courts collect similar information would help
demonstrate their effectiveness. In a survey conducted by the National Center for State
Courts, 5 respondents stated that specialty courts were one of states’ most effective nonincarceration programs for nonviolent and other suitable felony offenders. Most specialty courts
are composed of multi-disciplinary teams, from within and outside the criminal justice system,
that include the lead judge, prosecuting attorney, defense attorney, treatment providers, case
managers, probation officers, and professionals such as psychologists or counselors. In
Louisiana, 13 district courts operate specialty courts other than drug courts such as DWI/Sobriety
courts, Re-entry courts, Veteran’s courts, and Mental Health/Behavioral Health courts.
However, while all 13 courts reported tracking some type of outcome measure, no standardized
reporting of outcomes for these courts exists.
In addition, 26 (61.9%) of the 42 judicial districts reported having one or more drug
courts, which are the most common type of specialty court across the nation. Drug courts
involve a tailored, phased treatment system. The Louisiana Supreme Court provides funding,
administrative support, and oversight for drug courts. It collects data on participants, the number
of hours of treatment performed, and tracks the various programs for compliance with the
program’s standards. According to the Supreme Court, in 2014, Louisiana drug courts served
4,926 participants and had a graduation rate of 43% with a total cost of $17,140,308, or an
average of $3,480 per participant. Since the drug court’s inception, the Supreme Court reported
a total of 8,949 graduates. Graduates in 2012 had a 10.2% recidivism rate as 89.8% remained
free of additional convictions three years after graduation. Exhibit 4 on the following page
provides examples of specialty courts in Louisiana and the number of judicial districts with each
type. Appendix F shows the types of specialty courts in each judicial district along with budget
and participation numbers.

5

National Center for State Courts, “Getting Smarter About Sentencing: NCSC’s Sentencing Reform Survey,”
Williamsburg, Va., 2006.

5

Evaluation of Strategies to Reduce Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Exhibit 4
Types of Specialty Courts
Fiscal Year 2014
Number of
Judicial Districts

Description

Drug Court

26

Addresses substance abuse through a tailored, phased treatment program,
including judicial oversight and community supervision. Louisiana has both
adult and juvenile drug courts.

DWI/Sobriety Court

6

Accountability court dedicated to changing the behavior of DWI offenders
through intensive treatment and supervision. These courts are postconviction.

Family Preservation
Court/Domestic
Violence Court

6

Addresses needs of offenders charged with child abuse, domestic violence, or
failure to pay child support. Participants receive counseling, which may
include in-patient or out-patient counseling.

5

Supervision and treatment program for less serious nonviolent offenders,
including drug testing and counseling, educational opportunities, and
employment assistance. Offenders serve time at Louisiana State Penitentiary
and are paired with a mentor who may be serving a life sentence.

Veteran’s Court

5

Addresses war-related illnesses, such as Post Traumatic Stress Disorder, that
may contribute to substance abuse, domestic violence, and arrests. Veterans
work out their sentence through treatment, counseling, and community
service.

Mental Health Court
(Adult/Juvenile)

5

Addresses the needs of offenders with mental illness, who have a wide range
of charges, through treatment plans and monitoring requirements.
Participants may also receive substance abuse treatment.

Court Type

Re-entry Court

Source: Prepared by legislative auditor’s staff using self-reported survey data.

The Louisiana Supreme Court estimates that each offender sent to drug court
instead of prison saves $29,390 for offenders in state facilities and $7,913 for offenders in
local facilities over a two-year period. Applying these estimates to actual DOC data, we found
that 8,822 offenders had drug possession only charges in their criminal histories. Housing these
offenders in a local facility for two years would cost approximately $157.2 million, while
sending these offenders through drug court would cost approximately $87.3 million, a savings of
approximately $69.8 million. 6 In order to place more offenders in specialty courts, however,
community resources, such as substance abuse treatment, must be available.
Other states have recently expanded specialty courts. For example, in 2014, Mississippi
reinvested $10.8 million of averted prison spending into specialty courts as part of a large reform
package that is expected to save the state $266 million through 2024 by reducing the
incarceration rate. In Louisiana, there has been legislative interest in expanding specialty courts.
For example, in the 2016 Regular Session, Act 221 created re-entry courts in three judicial
districts, and Senate Concurrent Resolution 117 commended the Louisiana Supreme Court on the
effectiveness of drug courts and requested a report on plans and proposals to expand other
specialty courts by February 1, 2017.
6

This estimate assumes that all 8,822 offenders would be deemed eligible for drug court.

6

Evaluation of Strategies to Reduce Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Matter for Legislative Consideration 1: The Legislature may wish to consider
designating an entity to collect consistent and standardized cost and performance
outcomes for pretrial diversion programs in order to determine the effectiveness of these
programs.
Matter for Legislative Consideration 2: The Legislature may wish to consider
requiring other specialty courts to collect consistent and standardized cost and
performance outcomes similar to drug courts so that it can better determine whether these
programs are effective.

Sentencing reforms, including reducing the use of
mandatory minimum sentences and the habitual offender
law for nonviolent offenders, and sentencing certain
nonviolent offenders to probation instead of prison could
reduce the incarceration rate.
Louisiana’s laws directly affect the state’s incarceration rate as they affect who goes to
jail and for how long. In Louisiana, sentences, or the penalties assigned to crimes, are written
into the same laws that establish the crimes. This means that each crime in Louisiana carries a
unique sentence in law that prescribes a term of incarceration, a fine, or both. In addition,
sentencing enhancements, like the habitual offender law, are included in statute and can be used
to add increased penalties for offenders who have been previously convicted of a crime.
Appendix G shows all Louisiana statutes that offenders were convicted under from fiscal year
2009 to 2015. It also includes whether the crime carries a mandatory minimum and whether
offenders were sentenced under the habitual offender law for that crime.
Previous reform efforts have not typically focused on sentencing because of its
complexity and the difficulty in building consensus among different entities. While some
reforms, such as legislation removing some mandatory minimum sentences, have tried to address
the impact of sentencing, new mandatory minimum sentences are often placed into law that
counteract previous reform efforts. As discussed below, new sentencing reforms, particularly for
nonviolent offenses, could reduce the incarceration rate and ensure that sentences are
proportional to the crime committed.
More than half of the mandatory minimum laws in Louisiana are for nonviolent
crimes. Mandatory minimum sentences contribute to a high incarceration rate as
offenders must be sentenced to incarceration instead of supervision. Louisiana has 599
statutes in Titles 14 and 40. Of these, there are at least 164 mandatory minimum sentences −
91 (55.5%) for nonviolent crimes and 73 (44.5%) for violent crimes. 7 Sentences are considered
mandatory minimums if the statute includes some or all of the phrase “without benefit of
probation, parole, or suspension of sentence.” However, some offenders sentenced under
mandatory minimum sentences are able to earn good time credits that contribute to early release
7

In Titles 14 and 40, there are more nonviolent crimes in total than violent crimes which could contribute to the
higher number of nonviolent mandatory minimum sentences.

7

Evaluation of Strategies to Reduce Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

to good time parole if eligible. 8 Article 890.1 of the Louisiana Code of Criminal Procedure
allows judges and district attorneys to waive the use of mandatory minimum sentences as long as
they both agree; however, judges and public defenders we interviewed stated that these waivers
are rare because it can be difficult for judges and district attorneys to reach an agreement.
Mandatory minimum sentences dictate the lowest sentence of incarceration a judge can
order for certain crimes. Statutes that carry mandatory minimum sentences remove judicial
discretion in sentencing. This can lead to a high incarceration rate, particularly for nonviolent
offenders who may not have been sentenced to incarceration or who may have been sentenced to
a lower amount of time had the mandatory minimum sentence not been in place. Additionally,
according to the National Conference of State Legislatures, mandatory minimums actually shift
sentencing discretion from judges to prosecutors because prosecutors can choose whether to
charge an offender with an offense that carries a mandatory minimum sentence or to offer a plea
bargain to a lesser crime or one that does not carry a mandatory minimum.
In 2001, Louisiana passed Act 403, which removed several mandatory minimum
sentences for nonviolent crimes; however, some of these sentences, like the mandatory sentence
for Simple Burglary of a Pharmacy, have been placed back into law. Additionally, mandatory
minimum sentences are often increased in law. For example, Act 368 of the 2014 Regular
Session increased the mandatory minimum sentence for the crime of manufacture of, distribution
of, or possession with intent to distribute Schedule I narcotics from five to 10 years. In 2014, the
Louisiana Sentencing Commission recommended in its report to the Governor and the
Legislature, a modification of mandatory minimum sentencing that would allow the court to
sentence a defendant charged with crimes requiring a mandatory minimum sentence to a lesser
penalty if substantial and compelling reasons exist to do so, but no legislation allowing for the
implementation of this recommendation was introduced. Other states have implemented similar
provisions. For example, in 2014, Mississippi gave judges the option to bypass mandatory
minimum sentences for drug trafficking offenses when the sentence is not in the interest of
public safety.
The habitual offender law allows for enhanced
A third-time offender sentenced
sentences for offenders with two or more convictions,
under the habitual offender law
even for nonviolent crimes. This means that nonviolent
for manufacture or distribution of
marijuana would be sentenced to
offenders could serve long sentences for a series of minor
20
to 60 years, as opposed to five
crimes. We found that 77.5% of cases sentenced under
to 30 years if not convicted as a
9
the habitual offender law were for nonviolent offenses.
habitual offender.
Under the habitual offender law, offenders who commit a
second or subsequent felony within 10 years of completing a sentence for a previous felony
conviction may be prosecuted as a habitual offender. This law increases the minimum sentence
length an offender can receive. The use of the habitual offender law, in part, contributes to the
high incarceration rate because sentences enhanced by the law may be much longer than
sentences not enhanced by the law. According to DOC data, 15,235 of the 344,366 (4.4%) cases
8

Any person convicted of a sex crime, second-conviction violent crime, or as a habitual offender for a sex or violent
crime is automatically ineligible for good time. Offenders sentenced to life imprisonment may earn good time that
can be applied at such time as the offender’s sentence is commuted to a specific number of years.
9
Previous convictions may have been for violent crimes.

8

Evaluation of Strategies to Reduce Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

for offenders in our scope were habitual offender cases. 10 Out of these cases, however, only
22.5% (3,434 of 15,235) included violent crime convictions. This means that 77.5% (11,801 of
15,235) of habitual offender cases were for nonviolent offenses.
Some states have incorporated reforms targeting sentencing enhancements and habitual
offender laws, including Kentucky and North Carolina. In 2011, Kentucky passed a reform
package bill that included a provision to eliminate sentencing enhancements for second and
subsequent drug possession offenses and prohibit the use of the persistent felony offender statute
when a defendant is charged with felony drug possession. In 2011, North Carolina modified the
habitual offender law by introducing graduated sentencing enhancements to make sentences
more proportional to the severity of the underlying conviction. As a result of these and other
reforms, North Carolina has experienced an eight percent drop in its prison population, and the
percentage of individuals entering prison has dropped by 21 percent. In addition, in fiscal year
2014, the state saved $48 million and closed 10 prisons.
Additional sentencing reforms could reduce Louisiana’s incarceration rate by
directing nonviolent offenders to probation or community programming instead of prison.
As stated previously, 58.6% of offenders in Louisiana were incarcerated for only nonviolent
offenses. Other states, including Alabama, Arkansas, Mississippi, and South Carolina that also
have a high percentage of nonviolent offenders, have recently implemented reforms to allow for
the use of probation or community programs instead of incarceration for the sentencing of certain
nonviolent offenses. In Alabama, this reform was incorporated by adding a new class into the
penalty classification system that targets low-level, nonviolent offenses. For example, low-level
property offenses, like Theft of Property in the Third Degree, and drug offenses, like possession
of a controlled substance, 11 are now both considered a Class D felony; the penalty requires
judges to sentence offenders to a community program where available or probation for a period
of two years. In Mississippi, legislation expanded judicial discretion to order drug court or nonadjudicated probation for all drug offenders except traffickers.
Introducing the ability to sentence offenders in Louisiana directly to probation or
community programming for low-level, nonviolent offenses would result in a cost savings to the
state as offenders would be diverted from incarceration to probation, which is less expensive.
For example, using DOC data we identified 4,065 offenders convicted of Schedule IV drug
possession from fiscal years 2009 to 2015. According to the data, this crime carries a median
sentence of three years. If sentenced to probation for two years instead of incarceration for the
median sentence, the cost savings for these offenders would be between approximately $101 and
$232 million depending on whether they were housed in a state or local facility. Exhibit 5 on the
following page illustrates the potential cost savings for the 4,065 offenders.

10

These 15,235 (4.4%) cases, which include cases prior to fiscal year 2009, represent 10% of all offenders, as many
offenders have multiple cases in their history.
11
Unlawful Possession in Alabama covers the possession of controlled substances in all drug schedules I-V except
for marijuana.

9

Evaluation of Strategies to Reduce Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Exhibit 5
Probation Cost Savings for 4,065 Offenders Convicted
of Possession of Schedule IV Drug
Fiscal Years 2009-2015
In State Facility
Incarceration for three-year median sentence 12
Probation for two years
Cost savings
In Local Facility
Incarceration for three-year median sentence
Probation for two years
Cost savings

$239,592,695.51
7,661,264.85
$231,931,430.66
$108,638,517.26
7,661,264.85
$100,977,252.41

Prepared by legislative auditor’s staff using budget information and unaudited data
from the Corrections and Justice Unified Network (CAJUN) database.

Matter for Legislative Consideration 3: The Legislature may wish to evaluate
the effects mandatory minimum sentences have on Louisiana’s incarceration rate and
consider reducing the number of mandatory minimum sentences for some nonviolent
offenses.
Matter for Legislative Consideration 4: The Legislature may wish to evaluate
the effects the habitual offender law has on Louisiana’s incarceration rate and consider
narrowing its use to exclude some nonviolent offenders.
Matter for Legislative Consideration 5: The Legislature may wish to evaluate
how sentences for nonviolent offenders affect Louisiana’s incarceration rate and consider
including provisions that require sentencing of certain nonviolent offenders to probation
or community programming in lieu of incarceration.

Expanding rehabilitation programs in local facilities that
are effective at decreasing recidivism would help reduce the
incarceration rate. Although local jails house more
nonviolent offenders, they have fewer rehabilitation
programs and higher recidivism rates than state facilities.
Using DOC data, we found that of the 55,605
offenders incarcerated on average each year during
fiscal years 2009 to 2015, 13 more than half (29,936 or
53.8%) were incarcerated in a local jail. In addition,
from fiscal year 2009 to 2015, the average total
sentence for offenders in local facilities was
12
13

This example assumes these offenders served their full sentence.
Fiscal year 2015 is only through May 15, 2015.

10

Louisiana houses more offenders in local
facilities than any other state. According to the
Bureau of Justice Statistics, Louisiana housed
50.8% of state offenders in local facilities.
Kentucky was the next highest at 41.4%.

Evaluation of Strategies to Reduce Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

approximately five years, which means offenders in local jails are released more frequently than
offenders in state facilities where the average sentence is approximately 11 years. 14 DOC
estimates that 14,500 (80.6%) of the 18,000 discharges every year are from local jails.
Currently, DOC offers a variety of certified treatment and rehabilitation programs
(CTRP) that eligible offenders can participate in to receive good time credit. These programs
include basic education courses such as GED or high school equivalency classes, faith-based
programs such as Bible and values courses, treatment programs for issues such as substance
abuse, and job skills such as welding or automotive technology. According to the 2014
Government Efficiencies Management Support (GEMS) report, 15 expanding CTRP
programming could save approximately $6.5 million per year. However, DOC does not require
that all local facilities offer these programs. As a result, some local facilities may offer no
programs, while others place heavy
emphasis on rehabilitation programs,
Exhibit 6
such as the Lafayette Parish Sheriff’s
1, 3, and 5-Year Recidivism Rates for State Offenders
Released from State Institutions and Local Jails
Office, which is also a certified
substance abuse treatment provider.
Local
State
Year
According to DOC, of the 105 local
Recidivism Rate
Recidivism Rate
facilities that house state offenders,
17.6%
15.5%
1st Year
rd
46 (43.8%) offer no treatment
37.1%
34.4%
3 Year
programs. The lack of effective
44.9%
41.3%
5th Year
rehabilitation programs at local
Source: Prepared by legislative auditor’s staff using information
facilities may be one reason why local from DOC’s 2015 Briefing Book. These rates are for offenders
jails have higher recidivism rates than released in 2009 and the most current recidivism rates for the 5th
year of release.
state facilities, as shown in Exhibit 6.
According to DOC, the primary reason local facilities do not offer these programs is
lack of funding. In fiscal year 2015, local jails received approximately $171.5 million, or
25% of DOC’s total budget. DOC pays local facilities $24.39 per offender per day. According
to the Louisiana Legislative Fiscal Office’s (LFO) survey of southern states, 16 as of July 2014,
the average per diem among states that used local jails was $26.67 and ranged from a low of
$12.00 in Virginia to $49.53 in Tennessee. This survey also reported that DOC spent only 1.2%
on rehabilitation programs at both state and local facilities, which was the lowest among other
southern states. 17 To address these funding issues, DOC has used a mix of state and local
funding to expand good time approved rehabilitation programs at local jails. DOC also has 20
transition specialists who serve 25 local facilities, teaching good time approved courses. 18
Because of this, enrollment in CTRP courses in local facilities has increased by 944%, from

14

The average excludes life and death sentences.
The Division of Administration contracted with Alvarez and Marsal to research and recommend cost-savings
strategies in state agencies. These recommendations were outlined in the GEMS report issued May 2014.
16
LFO, “Survey of Adult Correctional Systems: A Report Submitted to the Fiscal Affairs and Government
Operations Committee,” 2014. LFO compiles this report every year based on a survey of other southern states.
17
Louisiana was the lowest among the southern states offering rehabilitative programs.
18
These transition specialists are funded by implementing recommendations from GEMS. These recommendations
resulted in savings by expanding access to certified treatment rehabilitation programs, allowing more offenders to
earn credits and be released earlier.
15

11

Evaluation of Strategies to Reduce Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

1,555 in fiscal year 2010 to 16,234 in fiscal year 2015. Exhibit 7 summarizes the number of
participants by category of CTRP programs from fiscal years 2010 to 2015.
Exhibit 7
Participation in Rehabilitation Programs
Fiscal Years (FY) 2010 to 2015
16,000
14,000
12,000

Substance Abuse

10,000

Treatment

8,000

Job Skills

6,000

Faith Based

4,000

Education

2,000
0
FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015
Source: Prepared by legislative auditor’s staff using statistics from DOC.

DOC is also considering a graduated per diem structure where the per diem rate for local
jail facilities would vary based on the availability of treatment and re-entry programs provided.
Facilities offering no programming would receive a lower per diem rate than those facilities
providing programming. The goal of this structure would be to increase re-entry services at the
local level; however, this structure has not yet been established.
Although it may not be possible for local facilities to offer a wide array of treatment
programs, it is important that the ones they do offer are effective. However, DOC does not
measure recidivism by individual program which would help it determine effectiveness.
Although DOC calculates recidivism for educational programming as a whole and for substance
abuse treatment at its Blue Walters program, 19 DOC does not currently measure recidivism for
each individual rehabilitation program. Without this information, DOC cannot determine
whether the programs it offers are working. In the absence of recidivism data, DOC could use
evidence based programs to ensure that the programs it offers are effective. Programs are
considered evidence based if they have been rigorously evaluated and these evaluations show
that the program produces the expected positive results (such as reduced recidivism) that can be
attributed to the program itself rather than to other extraneous factors. Some states require the
use of evidence-based practices. For example, legislation in Kentucky mandates that 75% of
expenditures for supervision and intervention programs be spent on evidence-based programs by
2016. Using Washington State Institute for Public Policy’s inventory of evidence-based
programs for adult corrections, 20 we found that DOC currently offers two evidence-based
19

Blue Walters is a 90-day substance abuse treatment program at Richwood Correctional Facility in Monroe,
Louisiana.
20
Steve Aos, Marna Miller, and Elizabeth Drake. “Evidence-Based Adult Corrections Programs: What Works and
What Does Not,” Washington State Institute for Public Policy, 2006.

12

Evaluation of Strategies to Reduce Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

cognitive behavioral programs (Moral Reconation Therapy and Thinking for a Change) at local
facilities that have been proven to reduce recidivism by 8.2%. A total of 44 local facilities
offered these treatment programs, but only 192 offenders participated in them in fiscal year 2015.
Even when local facilities offer rehabilitation programs, offenders often transfer
frequently, which can disrupt participation. While some transfers are due to court
appearances, substance abuse treatment, or medical issues, those housed in local facilities may be
transferred to other facilities so that empty beds can be filled. Such transfers do not take an
offender’s rehabilitation needs into account, and offenders may be sent to a facility with little or
no resources to meet their needs. For example, one offender was transferred 22 times in four
years and often spent less than one month in a local facility before being transferred. Currently,
local facilities have to notify DOC when offenders are transferred, but DOC does not have any
criteria for when offenders should or should not be transferred between local facilities.
Recommendation 1: DOC should evaluate recidivism and/or other outcomes for
each of its rehabilitation programs so that it can target its resources toward programs that
are proven to work.
Summary of Management’s Response: DOC agrees with this recommendation;
however, the department noted an inherent difficulty in determining the effectiveness of
individual programs in reducing recidivism as offenders often participate in multiple
programs prior to release.
Recommendation 2: DOC should require that transfers between local facilities take
into account an offender’s participation in treatment programs.
Summary of Management’s Response: DOC agrees with this recommendation
and stated it currently takes participation in rehabilitation into consideration if
information about the participation is entered into CAJUN, the department’s data
system, by transition specialists at the local level.
Matter for Legislative Consideration 6: The Legislature may wish to consider
requiring that local facilities offer specific evidence-based programs.

Further expanding re-entry services at the local level to help
offenders transition back into society would help reduce
Louisiana’s incarceration rate through decreased
recidivism. Re-entry programs can reduce recidivism by
32% and save approximately $14 million per year.
Re-entry programs assist offenders in transitioning back into society after incarceration
and can lead to reduced recidivism. Once released, offenders are often placed back into the same
social setting that may have contributed to their commission of a crime. To help with this
transition, offenders can take a 100-hour re-entry program prior to release, which includes
courses such as anger management, employment skills, job placement assistance, money
13

Evaluation of Strategies to Reduce Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

management, and problem solving. The re-entry program also assists offenders in procuring
needed documents such as state identification cards and social security cards. According to the
GEMS report, DOC re-entry programs are reducing recidivism by as much as 32%. However, as
with rehabilitation programs, all state facilities offer re-entry programming but not all local
facilities do. According to DOC data, only 40 (38.1%) of the 105 local facilities offer the 100hour program.
Expanding re-entry to all local facilities is important since offenders are often
released from facilities far from their homes. Offenders released from facilities with no reentry program may not be linked with services, housing, or employment in their
communities and may be more likely to recidivate. As offenders return to society, they can be
faced with many environmental challenges like unemployment, poverty, substance abuse, and
mental health issues. Linkage with resources in the offender’s community that address these
issues is important in reducing recidivism and assisting offenders to become productive citizens.
For example, an offender sentenced in Orleans Parish who intends to return there after release
may be released from a facility in North Louisiana that does not offer re-entry programs. Once
the offender returns to New Orleans, he may not be linked to local services to help him find
employment or housing in the region. Exhibit 8 shows from where in the state all offenders
convicted in Orleans Parish 21 were released between fiscal years 2009 and 2015. Approximately
62.8% of releases were from local facilities, while 34.4% were from state facilities. 22
Exhibit 8
Offenders Convicted in Orleans Parish
and Released Statewide

Local facilities
State facilities

Source: Prepared by legislative auditor’s staff using unaudited data from
the CAJUN database.
21
22

Orleans Parish has the largest number of convictions statewide.
The remaining 2.8% were released from other facilities including out-of-state facilities.

14

Evaluation of Strategies to Reduce Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

In an effort to expand re-entry resources at the local level and allow offenders to
receive re-entry programming near their communities, DOC has opened nine regional reentry centers where local offenders go to complete the 100-hour program. Each regional reentry center can serve 600 offenders per year. However, while DOC has seen large growth in the
number of offenders participating in the re-entry program since 2009, not all offenders are able
to participate as an average of 14,500 offenders are released from local facilities each year. The
GEMS report estimated that opening additional re-entry centers could save approximately
$14 million per year. According to the report, increasing investment in effective re-entry
programs that reduce recidivism and result in cost savings not only provides an opportunity to
reduce crime and improve public safety but also significantly reduces the prison population and
the cost of re-incarceration.
DOC’s analysis of recidivism for offenders in re-entry programs found an overall
reduction in recidivism for those who participated in the program versus those who did
not. Overall, 12.5% of offenders with re-entry programming in fiscal year 2014 returned within
one year versus 15.4% of offenders with no programming. Exhibit 9 shows recidivism by each
re-entry center.
Exhibit 9
One-Year Recidivism with Re-entry Programs Compared to No Programs
Fiscal Year 2014
Without Programming

With Re-entry Programming
15.41%
12.56%
14.06%
13.73%
12.04%

Overall
Florida Parishes
Jefferson

5.97%

Southwest Central Region

17.90%

12.57%

15.34%
13.73%

Capital Area
Northeast Region

19.19%

11.27%
14.15%
11.98%

Southeast Region
Northwest Region

17.51%

16.16%
8.45%
8.94%

Transitional Center for Women

Source: Prepared by legislative auditor’s staff using data from DOC.

15

Evaluation of Strategies to Reduce Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

DOC’s use of a risk and needs assessment will help it prioritize offenders for the reentry program and develop individualized re-entry plans for those offenders most likely to
re-offend. According to the National Conference of State Legislatures, 23 risk and needs
assessments help identify appropriate programs, treatments, and services, which enables states to
target corrections resources more effectively. North Carolina, South Carolina, and Georgia all
use risk and needs assessments to develop and individualize supervision plans and re-entry
conditions. In April 2015, DOC received a Justice Reinvestment Initiative grant to develop a
risk and needs assessment tool based on evidence-based principles of “risk, need, and
responsivity.” The risk assessment was created by Louisiana State University and is called the
Targeted Intervention Gaining Enhanced Reentry (TIGER) instrument. DOC plans to use the
risk assessment at various decision points to help determine appropriate interventions.
According to DOC, the tool will provide objective, evidence-based recommendations and guide
case planning. In addition to re-entry planning, this tool could ultimately be used by courts to
inform sentencing decisions, by local jails to determine which rehabilitation programs offenders
should take, and by probation and parole to provide information on appropriate supervision
levels.
Recommendation 3: DOC should work with the Legislature to obtain the funding
needed to expand re-entry programs at the local level.
Summary of Management’s Response: DOC agrees with this recommendation
and stated that despite reduction in staff it has continued in its efforts to expand re-entry
programming at the local level through the expansion of re-entry centers, opening of day
reporting centers, expansion of adult basic education programs, opening of a transitional
work program for women, expansion of residential substance abuse treatment beds, and
the use of federal Pell Grants to provide education classes at the local level.
Recommendation 4: Once the TIGER risk and needs assessment is finalized, DOC
should use it to identify those offenders most likely to benefit from re-entry programs and
ensure that those offenders are able to participate.
Summary of Management’s Response: DOC agrees with this recommendation
and stated the purpose of the TIGER tool is to target programming based on the
individual needs of each offender. Additionally, the department is considering a policy
change that would require that offenders complete an entire case plan prior to receiving
early release credits to ensure offenders successfully participate in all TIGER
recommended individualized programming.

23

National Conference of State Legislatures, “Principles of Effective State Sentencing and Corrections Policy,”
August 2011.

16

Evaluation of Strategies to Reduce Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Because reform efforts have resulted in more offenders on
parole, the caseloads of probation and parole officers have
increased by 12.9%. Expanding strategies to reduce the
amount of supervision required for low-risk, nonviolent
offenders could reduce the incarceration rate by focusing
probation and parole resources on offenders most likely to
re-offend.
In fiscal year 2015, DOC
had 511 officers to supervise 71,917
offenders on probation and parole. Since
2009, average caseloads have increased
by 12.9%, as shown in Exhibit 10. These
increases are due to reforms that have
increased the number of offenders released
on parole and decreased parole revocations
as discussed in the following paragraphs.

Exhibit 10
Average Probation and Parole Caseload
Fiscal Years 2009-2015
140
135
130
125
120
115

134
124

137

137

138

140

127

Since 2009, Louisiana has
FY09 FY10 FY11 FY12 FY13 FY14 FY15
increased the number of offenders
Caseload
released on good time parole by 46.7%,
Source: Prepared by legislative auditor’s staff using
from 25,063 in 2009 to 36,775 in 2015.
information from DOC.
Offenders can be released early from
prison on either traditional or good time parole. Traditional parole is a release prior to full
sentence served for eligible offenses, which must be approved by the Louisiana Pardon and
Parole Board’s Committee on Parole. Good time parole is a set rate of time that an eligible
offender can earn for good behavior and self-improvement activities to reduce prison time.
See Appendix H for an explanation of the differences between good time parole and traditional
parole eligibility and how time is accrued for good time parole. In 2011 and 2012, Louisiana
reformed good time and parole eligibility requirements and
reduced the amount of time offenders have to be incarcerated
A good time-eligible offender with a
prior to release, which increased the number of offenders
three-year sentence housed in a state
eligible for early release and allowed eligible offenders to
facility with no disciplinary issues
would automatically be released in
be released earlier. Exhibit 11 summarizes the number of
1.2 years or in 9.5 months if that
offenders released on traditional and good time parole from
offender took the maximum number
fiscal year 2009 to 2015. As a result of the increase in
of certified treatment rehabilitation
releases to parole, more offenders are now being supervised
program courses.
in the community by DOC’s Probation and Parole.

17

Evaluation of Strategies to Reduce Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Exhibit 11
Number of Offenders on Parole and Good Time Parole
Fiscal Years 2009 - May 15, 2015
2,894

36,775

3,854

25,063

45,000
40,000
35,000
30,000
25,000
20,000
15,000
10,000
5,000
0

FY 2009

FY 2010

FY 2011

FY 2012

Good Time Parole

FY 2013

FY 2014

FY 2015

Parole

Source: Prepared by legislative auditor’s staff using unaudited data from the CAJUN database.

Additionally, fewer offenders have returned to prison because of technical
violations. Since 2009, the number of parole revocations due to technical violations has
decreased by 37.2% from 27.3% (1,211 of 4,435 revocations) in fiscal year 2009 to 17.1%
(648 of 3,781) in fiscal year 2015. 24 Offenders released on parole are subject to certain
conditions they must abide by for the duration of supervision and are monitored by DOC.
Conditions include meeting court-required obligations such as paying child support, refraining
from owning or possessing firearms, permitting visits from the parole officer, and paying fees.
Offenders can have their parole status revoked because of a violation of any of these conditions −
called a technical violation − or the commission of a new crime. In Louisiana, the Justice
Reinvestment Initiative 25 found that 23.6% of 2009 prison admissions were because of technical
violations of parole.
To address revocations, reforms were passed in Louisiana to allow probation and parole
officers to use alternatives to re-incarceration, such as allowing DOC to sanction offenders
administratively without returning to court for approval or reducing the amount of time offenders
have to return to prison. For example, Act 402 of the 2007 Regular Legislative Session allowed
offenders who violated parole conditions to spend up to 90 days in jail in lieu of revocation.
According to an evaluation conducted by The Pew Charitable Trusts in 2014, this legislation
resulted in the decreased use of approximately 2,034 jail and prison beds a year and saved
taxpayers an average of $17.76 million in annual corrections costs. Other reforms, such as the
use of graduated sanctions and day reporting centers have also contributed to the decrease in
revocations. Exhibit 12 illustrates how the number of revocations has decreased since 2009.
While the decrease in revocations has contributed to lowering the state’s incarceration rate, it

24

Our analysis of technical revocations does not include probation revocations because the CAJUN database does
not accurately collect technical revocations for probation.
25
Urban Institute and Bureau of Justice Assistance, “Justice Reinvestment Initiative State Assessment Report,”
January 2014.

18

Evaluation of Strategies to Reduce Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

also means more offenders are under the supervision of DOC’s Probation and Parole, which
increases its caseload.
Exhibit 12
Percentage of Revocations from Technical Violations
Fiscal Years 2009-2015
35%
30%
25%

28.70%
27.15%

20%

18.29%

15%

17.09%

10%
FY 2009

FY 2010

FY 2011

FY 2012

Good Time

FY 2013

FY 2014

FY 2015

Parole

Source: Prepared by legislative auditor’s staff using unaudited CAJUN data.

Expanding strategies to reduce supervision levels of low-risk offenders can decrease
re-incarceration of offenders by reducing caseloads, allowing DOC to focus limited
resources on high-risk offenders who are more likely to re-offend. However, DOC should
determine if current efforts to reduce the supervision levels of low-risk offenders are
effective. According to The Pew Charitable Trusts, 26 moderate- to high-risk offenders benefit
the most from supervision while low-risk offenders often do worse under these conditions. In
addition, low-risk offenders on probation and parole who are compliant with all conditions
reduce the intensity of supervision of high-risk offenders who are more likely to benefit from
supervision and programs. To address this issue, some states are implementing different options
for supervising low-risk offenders including administrative supervision, risk-based supervision
levels, early termination of supervision, and compliance credits. These options can reduce
caseloads of probation and parole officers, reduce supervision costs, and reduce recidivism.
As of April 2016, Louisiana has 6,619 offenders on administrative supervision and 633
offenders on suspended probation or parole status. These offenders are not required to be seen in
the field or to report to their district office as long as all conditions of supervision are met.
However, DOC does not currently measure whether offenders on reduced supervision are able to
complete supervision without committing a new crime or having their status revoked. This
information would provide evidence that reduced supervision levels are effective and successful.
Additionally, according to Pew, the use of a validated risk and needs assessment tool that
measures the probability of an offender re-offending is a best practice of community corrections.
26

Pew Center on the States’ Public Safety Performance Project, “Policy Framework to Strengthen Community
Corrections,” December 2008.

19

Evaluation of Strategies to Reduce Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

As mentioned earlier, Louisiana has developed a risk and needs assessment tool (TIGER) that
will help it implement risk-based supervision. According to DOC, TIGER is 133% better at
predicting the likelihood of recidivism than is its current risk assessment tool (LARNA). DOC is
in the process of finalizing the TIGER risk and needs assessment tool and will be moving to
implement the tool soon.
Once TIGER is implemented and DOC demonstrates that reduced supervision levels are
appropriate and successful, DOC could also pursue additional reforms that allow for early
termination of parole or compliance credits for parole for low-risk offenders. For example, other
states, like Arkansas and Mississippi, have implemented early termination of parole and/or
compliance credits for parole in order to reduce the number of low-risk offenders who comply
with parole conditions. Exhibit 13 summarizes the other options not currently used in Louisiana
and examples from states that have used them.
Exhibit 13
Options for Supervising Low-risk Offenders
Type

Description

State Examples

Early Termination

Courts have the discretion to grant
early termination of a sentence if all
requirements have been met, such as
restitution paid in full.

Arkansas granted authority to its corrections
department to discharge offenders at half of
their community supervision term if they have
complied with court-ordered requirements.

Compliance Credits

Provides offenders on supervision
with a monthly credit if they comply
with supervision requirements.

Mississippi allows offenders in supervision to
earn time off their sentence by complying
with court-ordered conditions.

Source: National Conference of State Legislatures, “Principles of Effective State Sentencing and Corrections
Policy” and the Pew Charitable Trusts Public Safety Performance Project Issue Briefs.

Recommendation 5: DOC should evaluate whether its current efforts regarding
reduced supervision levels for low-risk offenders are effective. If these efforts
demonstrate success, DOC should consider expanding the use of reduced supervision
levels, including the feasibility of early termination of supervision.
Summary of Management’s Response: DOC agrees in part with this
recommendation. The department stated that it agrees with the concept of reduced levels
of supervision but is concerned about the potential negative impact to public safety that
could result from the expansion of reduced supervision to medium-risk offenders.
Additionally, the department stated that early termination of parole and good time
supervision would require legislative changes.
LLA Additional Comments: Our recommendation is for DOC to consider
expanding strategies for low-risk offenders only.

20

APPENDIX A: MANAGEMENT’S RESPONSE

A. 1

A. 2

A. 3

A. 4

APPENDIX B: SCOPE AND METHODOLOGY
We conducted this evaluation under the provisions of Title 24 of the Louisiana Revised
Statutes of 1950, as amended. This report generally covers fiscal years 2009 to 2015 (July 1,
2008, through May 15, 2015); however, some of our analyses, such as our offender history
analysis, included data records prior to these fiscal years. The objective of this informational
report was to evaluate potential strategies to reduce Louisiana’s incarceration rate and costs for
nonviolent offenders. To answer our informational objective, we performed the following steps:


Researched and reviewed relevant state legal statutes, including the Louisiana
Criminal Code and the Uniform Controlled Dangerous Substances Act. We
created an index of crimes and penalties and identified statutes with mandatory
minimum sentences. Our analysis uses statutes current as of the 2015 legislative
session. We joined this index to Department of Corrections’ (DOC) data;
therefore, it is our best approximation of what crimes offenders were convicted of.
However, as statutes change over time, older convictions may not be exact
matches. We tried to factor in past statutory changes when possible, such as the
Title 40 reorganization in 2006. We attempted to harmonize the DOC data and
our legal index.



Researched and reviewed published research, state reports, and best practices
related to the criminal justice system, including drivers of incarceration nationally
and in Louisiana, bail reform, pretrial intervention, and sentencing practices. Our
research included the following:





Vera Institute for Justice



The Urban Institute



Pew Center on the States



American Bar Association



Pelican Institute



Brennan Center for Justice

Interviewed a variety of criminal justice stakeholders involved with the Louisiana
Justice Reinvestment Task Force, including judges, sheriffs, district attorneys,
public defenders, DOC officials and staff, Louisiana Sentencing Commission
members, the Louisiana Commission on Law Enforcement, research groups (such
as the Pelican Institute), nonprofit community organizations, and advocacy
groups. Based on these stakeholder interviews, we also:

B.1

Evaluation of Strategies to Reduce Louisiana’s Incarceration Rate
and Costs for Nonviolent Offenders

Appendix B



Visited districts identified as providing additional services to
offenders, such as the Lafayette Sheriff’s Office and Pointe
Coupee Parish Sheriff’s Office.



Met with the Criminal Justice Coordinating Committee and the
Picard Center in Lafayette to understand the role of data in their
work.



Visited Elayn Hunt Correctional Center to gain an understanding
of the DOC intake and screening process.



Met with the Baton Rouge District Attorney’s Office to understand
its pretrial intervention process.



Met with Louisiana Supreme Court staff to discuss drug courts and
other specialty courts in the state.



Developed and conducted statewide surveys of judicial districts and district
attorneys regarding pretrial intervention programs and specialty courts. Thirtynine of 42 district attorneys responded to our survey regarding pretrial
intervention, and we received a response from all 42 judicial districts regarding
specialty courts. For those that did not respond to our survey, we attempted
multiple contacts for a response. However, note that not all responses were
complete.



Obtained and analyzed DOC data from the Corrections and Justice Unified
Network (CAJUN) database for all offenders either incarcerated during the period
of July 1, 2008, through May 15, 2015, or on supervision (i.e. probation or parole)
during that time period who were previously incarcerated. We conducted limited
reliability testing on the data for consistency and reasonableness. We used DOC
data to:


Create a criminal history record for each offender to determine the
makeup of offenders’ convictions for their entire criminal history.
For example, we determined how many offenders had at least one
violent conviction in their history.



Calculate the number of convictions per offense/statute, the
sentence length per offense, and the total sentence length per case.
Because both offenses and cases can be served concurrently or
consecutively, we could not calculate the overall sentence per
offender using DOC data. We also calculated the statewide
median sentence per offense.



Determine how many offenders were housed in local and state
facilities over the course of each fiscal year from 2009 to 2015.

B.2

Evaluation of Strategies to Reduce Louisiana’s Incarceration Rate
and Costs for Nonviolent Offenders

Appendix B

We also determined the makeup of offenses for the offenders
housed in local and state facilities and on community supervision.





Determine revocation rates for offenders on probation, parole, and
good time parole, and what percentage of revocations was due to
technical violations.



Determine how many offenders participated in a certified
rehabilitation treatment program while incarcerated.

Obtained and analyzed Public Defender Board data for all closed cases between
fiscal years 2010 and 2015. We conducted limited reliability testing on the data
involving consistency and reasonableness. We joined the Public Defender data to
DOC data in order to compare initial charges at filing to those at conviction. Our
join resulted in 23,904 cases (out of 953,481) that had a match in DOC data on
offender name, docket, and district and also had valid statue entries. We also
determined how many of these matches resulted in plea bargains, trials, or other
outcomes using the Public Defender’s case result code.

B.3

APPENDIX C: TOP 10 NONVIOLENT OFFENSES

Top 10 Nonviolent Offenses
Fiscal Years 2009 - May 15, 2015
Statute

Statute Title

Number of
Offenders
Convicted

Percent of
Offenses

R.S. 40: 967 C2

Prohibited Acts - Schedule II Drug; penalties, Possession,
Other Schedule II

23,947

13.60%

R.S. 14:62

Simple burglary

15,095

8.57%

R.S. 40: 967 B4b

Prohibited Acts - Schedule II Drug; penalties, Manufacture;
Distribution: cocaine, oxycodone, or methadone

10,207

5.79%

R.S. 14:67

Theft (including Amended Amounts)

9,515

5.40%

R.S. 14:98

Operating a vehicle while intoxicated

8,248

4.68%

R.S. 40:966 B3

Penalty for drugs listed in Schedule I; Manufacture;
Distribution, Schedule I (marijuana, tetrahydrocannabinols
(or chemical derivatives), synthetic cannabinoids)

7,662

4.35%

R.S. 40:966 E2a

Penalty for drugs listed in Schedule I; Possession of
marijuana or synthetic cannabinoids, Second Conviction

5,056

2.87%

R.S. 14:95.1

Possession of firearm or carry concealed weapon by person
convicted of certain felonies

4,799

2.72%

R.S. 14:62.2

Simple burglary of an inhabited dwelling

4,699

2.67%

R.S. 40: 969 C2

Prohibited Acts - Schedule IV Drug; penalties, Possession

4,183

2.37%

Source: Prepared by legislative auditor’s staff using unaudited data from the CAJUN database.

C.1

APPENDIX D: CRIMINAL JUSTICE REFORMS
Criminal Justice Reforms
2011-2015
Act

Year

Reform Impact Area

Description

Act 104

2011

Release and Supervision

Authorizes probation and parole officers to impose administrative
sanctions for technical violations of parole and probation.

Act 153

2011

Release and Supervision

Mandates evidence-based practice training for Parole Board and
Pardon Board members and requires the Department of Public
Safety and Corrections (DPS&C) to conduct a risk and needs
assessment on every parole-eligible offender for the parole board to
use in making parole decisions.

Act 168

2011

Release and Supervision

Requires electronic monitoring and home incarceration service
providers to report outcomes of home incarceration.

Act 186

2011

Release and Supervision

Simplified and consolidated the good time and earned credit statutes
for nonviolent, non-sex offenders.

Act 285

2011

Release and Supervision

Made first-time nonviolent, non-sex offenders convicted of a felony
eligible for parole after serving 25 percent of their sentence, down
from 33 percent under the previous law.

Act 110

2012

Release and Supervision

Creates transparency in the earning of good time, setting the rate of
time earned at one-and-a-half days for every day served.

Act 123

2012

Release and Supervision

Eliminated state risk review panels.

Act 158

2012

Release and Supervision

Prevents notification of administrative sanctions from being
introduced as evidence.

Act 159

2012

Release and Supervision

Allows the parole board to consider second-time nonviolent, non-sex
offenders after they have served 33 percent of their sentences.

Act 160

2012

Trial and Sentencing

Provides that mandatory minimums can be waived for certain
nonviolent, non-sex crimes if the prosecutor, defense counsel, and
judge agree.

Act 399

2012

Trial and Sentencing

Expands Louisiana’s re-entry courts as a means to rehabilitate
nonviolent, non-sex offenders.

Act 401

2012

Release and Supervision

Act 714

2012

General

Merged the functions of the Boards of Pardon and Parole to save
money and improve efficiency.

Act 152

2013

Release and Supervision

Provides relative to simple escape from a work release program.

Act 183

2013

Release and Supervision

Increases the total number of credits that may be earned by an
offender for participation in certified treatment and rehabilitation
programs.

Provides for parole eligibility for certain offenders sentenced to life
imprisonment if certain conditions are met.

D.1

Evaluation of Louisiana’s Incarceration Rate
and Costs for Nonviolent Offenders

Appendix D

Criminal Justice Reforms
2011-2015
Act

Year

Reform Impact Area

Description

Act 347

2013

Trial and Sentencing

Provides for the use in the 22nd Judicial District Court (JDC) of a
validated risk/needs assessment tool at the pretrial stage.

Act 388

2013

Trial and Sentencing

Provides relative to the sentencing for third or subsequent Operating
While Intoxicated conviction. Allows waiver of mandatory
minimum sentence if accepted into drug division probation program.

Act 389

2013

Trial and Sentencing

Provides relative to sentencing and treatment of certain offenders
convicted of certain violations of the Uniform Controlled Dangerous
Substances Law.

Act 191

2014

Release and Supervision

Act 2

2014

General

Repeals the statutory authorization for DPS&C to conduct certain
pilot programs.

Act 327

2014

Trial and Sentencing

Authorizes the 1st and 26th JDCs to establish a re-entry division of
court.

Act 337

2014

Trial and Sentencing

Amends eligibility requirements for participation in drug courts and
provides relative to annual evaluations of drug courts.

Act 6

2014

Release and Supervision

Act 634

2014

Trial and Sentencing

Authorizes the waiver of minimum mandatory sentences pursuant to
existing law for certain crimes of violence.

Act 7

2014

Trial and Sentencing

Authorizes the 15th JDC to establish a re-entry division of court.

Act 199

2015

Trial and Sentencing

Extends the length of probation for defendants participating in drug
court or sobriety court.

Act 295

2015

Trial and Sentencing

Amends certain criminal penalties for possession of marijuana.

Act 299

2015

Release and Supervision

Act 79

2015

Trial and Sentencing

HCR 82

2015

General

Provides for intensive parole supervision for certain offenders
sentenced as habitual offenders.

Reduces the length of time certain applicants are required to wait
before filing a subsequent application with the Board of Pardons.

Provides with respect to technical parole violations.
Authorizes the 25th JDC to establish a re-entry division of court.
Provides relative to re-entry courts.
Creates the Louisiana Justice Reinvestment Task Force to develop
certain sentencing and corrections policy recommendations.

Source: Created by legislative auditor’s staff using information from the Louisiana Legislature’s website.

D.2

APPENDIX E: 2014 PRETRIAL INTERVENTION PROGRAMS
BUDGETS AND PARTICIPANTS
2014 Pretrial Intervention Program Budgets and Number Served,
by Judicial District (JDC)
JDC

Parishes Served

Pretrial Intervention
Budget

Number of Individuals
Served

1st

Caddo

$187,631

1,188

2nd

Claiborne, Jackson, Bienville

$104,400

100

Union, Lincoln

Did not respond to survey

Did not respond to survey

4th

Morehouse, Ouachita

$424,303

9,800

5th

Franklin, Richland,
West Carroll

Does not have pretrial
intervention programs

Does not have pretrial
intervention programs

6th

Madison, East Carroll, Tensas

Did not provide

49

7th

Catahoula, Concordia

$150,000

1,650

8th

Winn

$58,000

350

Rapides

Did not provide

100

3

rd

9

th

10th

Natchitoches

Did not provide

103

11

th

Sabine

Did not respond to survey

Did not respond to survey

12

th

Avoyelles

Did not provide

300

Evangeline

$100,000

846

Calcasieu

$369,000

1,270

15th

Acadia, Lafayette, Vermilion

Did not provide

638

16th

Iberia, St. Martin, St. Mary

$955,000

4,318

Lafourche

$300,000

1,110

18th

Iberville, West Baton Rouge,
Pointe Coupee

$0

132

19th

East Baton Rouge

$1,500,000

3,911

East Feliciana, West Feliciana

$237,440

1,662

21st

Livingston, Tangipahoa,
St. Helena

Did not provide

350

22nd

St. Tammany, Washington

Did not provide

795

23rd

Assumption, Ascension,
St. James

$0

0

24th

Jefferson

Did not provide

Did not provide

13th
14

17

20

th

th

th

E.1

Evaluation of Louisiana’s Incarceration Rate
and Costs for Nonviolent Offenders

Appendix E

2014 Pretrial Intervention Program Budgets and Number Served,
by Judicial District (JDC)
JDC

Parishes Served

Pretrial Intervention
Budget

Number of Individuals
Served

25th

Plaquemines

$12,000

200

26

th

Bossier, Webster

Did not provide

Did not provide

27

th

St. Landry

Did not provide

Did not provide

LaSalle

$15,000

198

St. Charles

$517,000

2,025

30th

Vernon

$115,000

577

31st

Jefferson Davis

$50,000

250

Terrebonne

$1,000,000

2,326

28th
29

32

th

nd

33rd

Allen

$125,000

667

34

th

St. Bernard

$0

0

35

th

Grant

Did not provide

233

36th

Beauregard

$45,000

101

th

Caldwell

Did not provide

6

38th

Cameron

Did not provide

Did not provide

39th

Red River

$128,575

247

St. John the Baptist

Did not respond to survey

Did not respond to survey

Orleans

Orleans

Did not provide

355

42nd

DeSoto

Does not have pretrial
intervention programs

Does not have pretrial
intervention programs

37

40

th

Source: Prepared by legislative auditor’s staff using JDC’s self-reported data.

E.2

APPENDIX F: 2014 SPECIALTY COURTS
BUDGETS AND PARTICIPANTS
2014 Specialty Courts
Budgets and Participants, by Judicial District (JDC)
JDC

Parishes

Types of Courts
Operated

Stated Budget

Stated Number of Participants
for 2014

1st

Caddo

Drug Court
Veteran’s Court

Drug Court: $225,000
Veteran’s Court: Unknown

Drug Court - 120
Veteran’s Court - 6

2nd
3rd
4th
5th

6th
7th
8th

Claiborne
Jackson
Bienville
Union
Lincoln
Morehouse
Ouachita
Franklin
Richland
West Carroll
Madison
East Carroll
Tensas
Catahoula
Concordia
Winn

9th

Rapides

10th
11th
12th
13th

Natchitoches
Sabine
Avoyelles
Evangeline

14

th

Calcasieu

No Problem-Solving or Specialty Court

Drug Court

$265,000

Not reported

Drug Court
DWI Court

Drug Court: $450,000
DWI Court: Unknown

Specialty Courts - 108

Drug Court

$280,000

Not reported

No Problem-Solving or Specialty Court

No Problem-Solving or Specialty Court
No Problem-Solving or Specialty Court
Drug Court
Adult Mental Health
Court
Domestic Violence Court
Veteran’s Court
Drug Court
Drug Court
Drug Court
Adult Mental Health
Court
Family Court
DWI Court
Teen Court
Veteran’s Court

Not reported

Unknown

$190,000
No Problem-Solving or Specialty Court
$155,000
No Problem-Solving or Specialty Court

Drug Court - $170,000
Adult Mental Health Court $180,000
DWI Court - $75,000

F.1

Not reported
Not reported

Drug Court - 40
Adult Mental Health Court - 30
DWI Court - 20

Evaluation of Louisiana’s Incarceration Rate
and Costs for Nonviolent Offenders

Appendix F

2014 Specialty Courts
Budgets and Participants, by Judicial District (JDC)
JDC

Parishes
Acadia
Lafayette

15th
Vermilion

16

th

17th
18th

19th
20th
21st

Iberia
St. Martin
St. Mary
Lafourche
Iberville
West Baton
Rouge
Pointe Coupee
East Baton
Rouge
East Feliciana
West Feliciana
Livingston
Tangipahoa
St. Helena
St. Tammany

22nd
Washington

23rd

24

th

25th

Stated Budget

Stated Number of Participants
for 2014

Drug Court
Family Court
DWI Court
Re-entry Court
Compliance Court for
Probation

Drug Court - $526,754
Family Court - $186,326
DWI Court - $85,032

Drug Court - 1,027
Not reported for others

Drug Court

$2,030,000

Not reported

Drug Court

$506,000

Not reported

Domestic Violence Court

$15,000

Domestic Violence Court - 30

Drug Court
Re-entry Court

Drug Court - $420,000
Re-entry - No Budget

Drug Court - 85
Re-entry - 3

No Problem-Solving or Specialty Court

Drug Court

$635,000

Not reported

Drug Court
Family Court
Adult Mental Health
Court
DWI Court
Re-entry Court

Drug Court - $1,357,910
Family Court - $66,448
Adult Mental Health $125,312
Re-entry Court - $120,025
DWI Court - $270,486

Drug Court - 471
Family Court - 14
Adult Mental Health Court - 49
Re-entry Court - 40+
DWI Court - 141

Assumption
Ascension
St. James

Jefferson

27th
28th
29th

Plaquemines
Bossier
Webster
St. Landry
LaSalle
St. Charles

30th

Vernon

26th

Types of Courts
Operated

No Problem-Solving or Specialty Court
Drug Court
DWI Court
Re-entry Court
Veteran’s Court
Compliance Court

Drug Court - $1,100,000
DWI Court - $225,000
Veteran’s Court - $93,000

Drug Court - 150
DWI Court - 43
Veteran’s Court - 1
Compliance Court - 800

Drug Court

$130,000

Not reported

Drug Court

$295,000

Not reported

Drug Court
Drug Court
Drug Court
Truancy Court

$280,853
No Problem-Solving or Specialty Court
$225,000
$90,000

F.2

Not reported
Not reported
Drug Court - 14
Truancy Court - 100

Evaluation of Louisiana’s Incarceration Rate
and Costs for Nonviolent Offenders

Appendix F

2014 Specialty Courts
Budgets and Participants, by Judicial District (JDC)
JDC

Parishes

Types of Courts
Operated

Stated Budget

Stated Number of Participants
for 2014

31st

Jefferson Davis

Truancy Court

Not reported

Truancy Court - 20

32nd

Terrebonne

Drug Court
DWI Court
Compliance Court

Drug Court - $600,000
DWI Court - $200,000
Compliance Court Not reported (Part of District
Attorney’s Office)

Drug Court - 51 new, 80 average
DWI Court - 13 new, 27 average
Compliance Court - 250

33rd
34th
35th
36th
37th
38th
39th

Allen
St. Bernard
Grant
Beauregard
Caldwell
Cameron
Red River
St. John the
Baptist

40th

41st

Orleans Criminal

42nd

DeSoto

Drug Court
Drug Court
Drug Court

No Problem-Solving or Specialty Court
$110,000
No Problem-Solving or Specialty Court
$115,000
$105,000
No Problem-Solving or Specialty Court
No Problem-Solving or Specialty Court

Drug Court

Drug Court
Mental Health Court
Domestic Violence Court
Re-entry Court
Veteran’s Court

$275,000

Not reported
Not reported
Not reported

Not reported

Drug Court and
Mental Health Court $2,200,000
Drug Court - 380
Domestic Violence Court Mental Health Court - 45
$341,891
Domestic Violence Court - 256
Re-entry Court Re-entry Court - 135
Not reported
Veteran’s Court - Not reported
Veteran’s Court Not reported
No Problem-Solving or Specialty Court

Source: Prepared by legislative auditor’s staff using JDCs’ self-reported data.

F.3

APPENDIX G: FELONY CONVICTION OFFENSES WITH SENTENCE INFORMATION
Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

R.S. 40:967(C)(2)

R.S. 14:62

R.S.
40:967(B)(4)(b)

R.S. 14:67

Statute Title

Prohibited Acts Schedule II Drug;
penalties, Possession,
Other Schedule II

Simple burglary

Prohibited Acts Schedule II Drug;
penalties, Manufacture;
Distribution: cocaine,
oxycodone, or methadone

Theft (including
Amended Amounts)

Total
Number
of
Offenders

23,947

15,095

10,207

9,515

Percentage

of Total
Offenders

13.62%

8.59%

5.81%

5.41%

Sentence
Modifier
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Theft –
(Amended
Amounts)
Habitual
Offender
Habitual
Offender
(Amended
Amounts)
Other*

G.1

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

22,114

3.0

No

0.0

5.0

1,093

5.0

No

0.0

12.0

Yes

2.0

30.0

740
13,728

5.0

347

8.0

1,020
8,849

5.0

276

15.0

1,082
5,383

3.0

No

0.0

20.0

3,728

3.0

No

0.0

20.0

154

5.0

38

10.0

212

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

R.S. 14:98

Statute Title

Operating a vehicle while
intoxicated

Total
Number
of
Offenders

8,248

Penalty for drugs listed in
Schedule I; Manufacture;
Distribution, Schedule I
(marijuana,
tetrahydrocannabinols (or
chemical derivatives),
synthetic canaboids)

7,662

R.S.
40:966(E)(2)(a)

Penalty for drugs listed in
Schedule I; Possession of
marijuana or synthetic
cannabinoids, Second
Conviction

5,056

R.S. 14:95.1

Possession of firearm or
carry concealed weapon
by person convicted of
certain felonies

R.S. 40:966(B)(3)

R.S. 14:62.2

R.S. 40:969(C)(2)

Simple burglary of an
inhabited dwelling

Prohibited Acts Schedule IV Drug;
penalties, Possession

Percentage

of Total
Offenders

4.69%

4.36%

Sentence
Modifier
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*

4,799

4,699

4,183

2.88%

2.73%

2.67%

2.38%

Unmodified
statute
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*

G.2

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

8,236

3.0

Maybe

0.0

30.0

8

6.0

No

5.0

30.0

4
6,722

5.0

79

15.0

861

5,056

3.0

No

0.0

5.0

2,433

10.0

Yes

10.0

20.0

155

12.0

Yes

1.0

12.0

No

0.0

5.0

2,211
4,256

5.0

180

10.0

263
4,065

3.0

56

4.0

62

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

R.S. 14:69

Statute Title

Illegal possession of
stolen things (including
Amended Amounts)

Total
Number
of
Offenders

3,536

Percentage

of Total
Offenders

2.01%

Sentence
Modifier
Unmodified
statute
Amended
Amounts
Habitual
Offender
Habitual
Offender
(Amended
Amounts)
Other*

R.S. 14:34.1(C)(2)

Second-degree battery

2,750

1.56%

Unmodified
statute
Habitual
Offender
Other*

R.S. 14:72

Forgery

2,764

1.57%

Unmodified
statute
Habitual
Offender
Other*

R.S. 14:64

R.S. 40:966(C)(1)

Armed robbery

Penalty for narcotic drugs
listed in Schedule I;
Possession

2,561

2,414

1.46%

1.37%

Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*

G.3

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

2,629

3.0

No

0.0

10.0

801

3.0

68

5.0

20

5.0

Maybe

1.5

8.0

No

0.0

10.0

Yes

10.0

99.0

No

4.0

10.0

18
2,669

3.0

78

5.0

3
2,654

3.6

28

5.0

82
1,670

15.0

96

66.0

795
2,025

5.0

257

7.0

132

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

R.S. 14:62.3

Statute Title

Unauthorized entry of an
inhabited dwelling

Total
Number
of
Offenders

2,346

Percentage

of Total
Offenders

1.33%

Sentence
Modifier
Unmodified
statute
Habitual
Offender
Other*

R.S. 14:65

Simple robbery

2,296

1.31%

Unmodified
statute
Habitual
Offender
Other*

R.S. 14:402

R.S. 14:68.4

Contraband defined;
certain activities
regarding contraband in
penal institutions
prohibited; penalty

Unauthorized use of a
motor vehicle

2,291

1.30%

Unmodified
statute
Habitual
Offender
Other*

2,243

1.28%

Unmodified
statute
Habitual
Offender
Other*

R.S. 14:34(B)(2)

Aggravated battery

2,097

1.19%

Unmodified
statute
Habitual
Offender
Other*

R.S. 15:542.1.4

Registration of sex
offenders and child
predators

1,967

1.12%

Unmodified
statute
Habitual
Offender
Other*

G.4

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

2,072

3.0

No

0.0

6.0

71

5.0

No

0.0

7.0

No

0.0

5.0

No

0.0

10.0

Maybe

1.0

10.0

Maybe

2.0

20.0

203
1,940

5.0

82

7.0

274
2,135

1.0

50

3.3

106
2,143

3.0

71

6.0

29
1,947

4.0

103

7.0

47
1,652

2.0

30

5.0

285

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

R.S. 14:67.10

Statute Title

Theft of goods (including
Amended Amounts)

Total
Number
of
Offenders

1,800

Percentage

of Total
Offenders

1.02%

Sentence
Modifier
Unmodified
statute
Changed
Amounts
Habitual
Offender
Habitual
Offender
Other*

R.S. 14:81(H)(2)

Indecent behavior with
juveniles

1,678

0.95%

Unmodified
statute
Habitual
Offender
Other*

R.S. 14:108.1

Flight from an officer;
aggravated flight from an
officer

1,631

0.93%

Unmodified
statute
Habitual
Offender
Other*

R.S. 40:966(E)(1)

R.S. 14:56

Penalty for drugs listed in
Schedule I; Possession of
marijuana or synthetic
cannabinoids, First
Conviction

Simple criminal damage
to property

1,616

0.92%

Unmodified
statute
Habitual
Offender
Other*

1,524

0.87%

Unmodified
statute
Habitual
Offender
Other*

G.5

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

974

2.0

No

0.0

10.0

633

2.0

136

2.5

34

4.0

Maybe

2.0

25.0

No

0.0

0.5

No

0.0

0.5

No

0.0

10.0

23
1,611

5.0

14

11.3

53
1,521

2.0

102

2.5

8
1,497

2.0

62

5.0

57
1,487

2.0

34

4.0

3

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

R.S. 40:983(C)

R.S. 40:967(B)(5)

R.S. 14:31(B)(2)

Statute Title
Creation or operation of a
clandestine laboratory for
the unlawful manufacture
of a controlled dangerous
substance; definition;
penalties
Prohibited Acts Schedule II Drug;
penalties, Manufacture;
Distribution: Other
Schedule II

Manslaughter

R.S. 14:30.1

Second-degree murder

R.S. 40:967(B)(1)

Prohibited Acts Schedule II Drug;
penalties Manufacture;
Distribution:
amphetamine,
methamphetamine, or
narcotic drug, except
cocaine

R.S. 14:71

Issuing worthless checks
(including Amended
Amounts)

Total
Number
of
Offenders

1,491

Percentage

of Total
Offenders

0.85%

Sentence
Modifier
Unmodified
statute
Habitual
Offender
Other*

1,339

1,292

1,253

1,219

0.76%

0.74%

0.71%

0.69%

Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*

1,080

0.61%

Unmodified
statute
Amended
Amounts
Habitual
Offender
Other*

G.6

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

1,311

5.0

No

5.0

15.0

20

13.5

No

0.0

10.0

Maybe

10.0

40.0

Yes

Life

Life

No

2.0

30.0

No

0.0

10.0

160
1,212

5.0

15

15.0

112
1,009

20.0

57

40.0

226
566

Life

1

Life

686
1,060

5.0

11

35.0

148

1,021

2.5

46

2.0

11

5.0

2

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

R.S. 14:80

R.S. 40:968(C)

Statute Title

Felony carnal knowledge
of a juvenile

Prohibited Acts Schedule III Drug;
penalties, Possession

R.S. 14:110

Simple escape;
aggravated escape

R.S. 40:1238.1

Sale, distribution, or
possession of legend drug
without prescription or
order prohibited;
exceptions; penalties

R.S. 40:966(C)(3)

R.S. 14:94(C)

R.S. 40:969(B)(2)

Penalty for non-narcotic
drugs listed in Schedule I;
Possession

Illegal use of weapons
or dangerous
instrumentalities
Prohibited Acts Schedule IV Drug;
penalties, Manufacture;
Distribution

Total
Number
of
Offenders

1,059

1,027

1,006

989

987

986

954

Percentage

of Total
Offenders

0.60%

0.58%

0.57%

0.56%

0.56%

0.56%

0.54%

Sentence
Modifier
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*

G.7

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

1,041

5.0

Maybe

0.0

10.0

8

8.0

No

0.0

5.0

No

0.5

10.0

No

0.0

5.0

No

0.0

10.0

Maybe

5.0

7.0

No

0.0

10.0

10
1,001

3.0

16

4.8

10
821

2.0

36

3.2

149
951

3.0

23

3.0

15
924

4.0

17

6.3

46
926

2.0

13

4.0

47
853

5.0

18

10.0

83

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

R.S. 14:35.3(C)

R.S.
40:966(B)(4)(a)

R.S.
14:106(G)(1-3)

R.S. 14:34.7(C)(2)

R.S. 14:72.2

R.S. 14:108.2

R.S. 14:71.1

Statute Title

Domestic abuse battery

Penalty for heroin drugs
listed in Schedule I;
Manufacture; Distribution

Obscenity

Aggravated seconddegree battery

Monetary instrument
abuse

Resisting a police officer
with force or violence

Bank fraud

Total
Number
of
Offenders
951

949

839

758

742

737

722

Percentage

of Total
Offenders

0.54%

0.54%

0.48%

0.43%

0.42%

0.42%

0.41%

Sentence
Modifier
Unmodified
statute
Habitual
Offender
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*

G.8

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

926

2.0

Yes

2 days

0.5

25

3.0

813

10.0

Yes

10.0

50.0

32

25.0

No

0.5

5.0

Maybe

1.0

15.0

No

0.5

10.0

No

1.0

3.0

No

0.0

10.0

104
798

2.0

35

4.0

6
717

5.0

13

19.0

28
700

3.0

18

5.0

24
705

2.0

29

3.0

3
682

4.0

15

5.0

25

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

R.S. 14:67.3

RS 14:93

R.S. 14:43.1(C)(1)

R.S. 14:60

R.S. 14:95(E)(1)

R.S. 14:69.1

R.S. 14:64.1

Statute Title

Unauthorized use of
“access card” as theft;
definitions

Cruelty to juveniles

Sexual battery

Aggravated burglary

Illegal carrying of
weapons

Illegal possession of
stolen firearms

First-degree robbery

Total
Number
of
Offenders

710

707

692

674

665

658

653

Percentage

of Total
Offenders

0.40%

0.40%

0.39%

0.38%

0.38%

0.37%

0.37%

Sentence
Modifier
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*

G.9

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

689

3.0

No

0.0

20.0

9

5.0

No

0.0

10.0

Maybe

0.0

10.0

No

1.0

30.0

Yes

5.0

10.0

No

1.0

10.0

Yes

3.0

40.0

12
685

4.0

9

8.0

13
612

8.0

29

15.0

51
591

8.0

30

24.5

53
496

5.0

10

8.3

159
631

3.0

16

5.0

11
546

7.0

20

40.0

87

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

R.S. 14:42.1

R.S. 14:95(D)

R.S. 14:130.1

R.S. 14:37.4

R.S. 40:971(B)(2)

R.S. 40:966(B)(2)

R.S. 14:64.3

Statute Title

Forcible rape

Illegal carrying of
weapons

Obstruction of justice

Aggravated assault with a
firearm

Prohibited acts; all drug
schedules
Penalty for distribution or
possession with intent to
distribute non-narcotic
drugs listed in Schedule I;
Manufacture; Distribution
Armed robbery;
attempted armed robbery;
use of firearm

Total
Number
of
Offenders

636

615

598

595

563

558

517

Percentage

of Total
Offenders

0.36%

0.35%

0.34%

0.34%

0.32%

0.32%

0.29%

Sentence
Modifier
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*

G.10

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

549

20.0

Yes

2.0

40.0

28

40.0

Maybe

0.0

10.0

No

0.0

40.0

No

0.0

10.0

No

0.0

5.0

Yes

5.0

30.0

Yes

5.0

0.0

59
484

5.0

10

8.5

121
550

5.0

17

10.0

31
570

4.0

12

7.5

13
431

3.0

3

5.0

129
450

5.0

9

30.0

99
377

10.0

13

60.0

127

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

R.S.
14:81.1(E)(1)(b)

R.S.
14:81.2(B)(1-2)

R.S. 40:971.1(C)

R.S. 14:62.4

R.S. 14:68

R.S. 14:65.1

R.S. 14:67.26

Statute Title

Pornography involving
juveniles

Molestation of a juvenile
or a person with a
physical or mental
disability

Prohibited acts; false
representation

Unauthorized entry of a
place of business

Unauthorized use of a
movable

Purse snatching

Theft of a motor vehicle

Total
Number
of
Offenders

508

486

476

465

452

446

442

Percentage

of Total
Offenders

0.29%

0.28%

0.27%

0.26%

0.26%

0.25%

0.25%

Sentence
Modifier
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*

G.11

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

464

5.0

Maybe

0.0

40.0

5

20.0

Maybe

5.0

10.0

No

0.0

5.0

No

0.0

6.0

No

0.0

5.0

No

2.0

20.0

No

0.0

10.0

39
461

10.0

10

22.5

15
379

5.0

54

5.0

43
395

3.0

32

5.0

38
441

3.0

6

4.6

5
371

5.0

28

10.0

47
425

4.0

12

5.0

5

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

R.S. 40:981.3(D)

R.S. 14:52

R.S. 40:971

R.S. 14:55

R.S. 14:30

R.S. 14:89.1(B)

R.S. 14:32.1(B)(1)

Statute Title

Violation of Uniform
Controlled Dangerous
Substances Law; drugfree zone

Simple arson

Prohibited acts; all drug
schedules

Aggravated criminal
damage to property

First-degree murder

Aggravated crime against
nature

Vehicular homicide

Total
Number
of
Offenders

412

411

400

400

392

381

364

Percentage

of Total
Offenders

0.23%

0.23%

0.23%

0.23%

0.22%

0.22%

0.21%

Sentence
Modifier
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*

G.12

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

397

6.0

Maybe

0.0

0.0

11

15.0

No

0.0

15.0

No

0.0

5.0

No

1.0

15.0

Life

Yes

Life

Life

343

15.0

Maybe

3.0

15.0

19

35.0

Yes

3.0

30.0

4
375

5.0

3

10.0

33
344

3.0

5

3.0

51
380

4.0

6

15.0

14
158
234

19
360

10.0

2

38.8

2

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

R.S.
40:967(B)(3)(a)

R.S. 14:42

R.S. 14:34.2(B)(1)

R.S. 14:32(C)(2)

R.S. 40:968(B)

R.S. 14:34.5(B)(1)

R.S.
14:67.15(C)(1)

Statute Title

Total
Number
of
Offenders

Prohibited Acts Schedule II Drug;
penalties, Manufacture;
Distribution:
amphetamine or
methamphetamine

359

Aggravated rape

359

Battery of a police officer

Negligent homicide

Prohibited Acts Schedule III Drug;
penalties, Manufacture;
Distribution

Battery of a correctional
facility employee

Theft of a firearm

Percentage

of Total
Offenders

0.20%

Sentence
Modifier
Unmodified
statute
Habitual
Offender
Other*

341

314

308

289

280

0.20%

0.19%

0.18%

0.18%

0.16%

0.16%

Unmodified
statute
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*

G.13

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

192

10.0

Yes

10.0

30.0

2

31.5

Life

Yes

Life

Life

321

1.0

Yes

15 days

0.5

15

5.0

Maybe

2.0

5.0

No

0.0

10.0

Yes

15 days

0.5

Yes

2.0

10.0

165
262
97

5
305

5.0

7

10.0

2
274

5.0

9

15.0

25
274

1.0

7

25.0

8
257

3.0

3

15.0

20

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

R.S. 14:44.1

R.S. 14:67:16

R.S. 14:64.4

R.S. 14:39.2

R.S. 14:70.4

R.S. 14:62.8(B)(3)

R.S. 14:108

Statute Title

Second-degree
kidnapping

Identity theft

Second-degree robbery

First-degree vehicular
negligent injuring

Access device fraud

Home invasion

Resisting an officer

Total
Number
of
Offenders

261

252

249

230

224

223

210

Percentage

of Total
Offenders

0.15%

0.14%

0.14%

0.13%

0.13%

0.13%

0.12%

Sentence
Modifier
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender

G.14

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

223

12.0

Yes

2.0

40.0

12

44.8

No

0.0

10.0

No

3.0

40.0

No

0.0

5.0

No

0.0

10.0

Maybe

10.0

25.0

No

0.0

0.5

26
237

3.0

5

6.7

10
214

7.8

3

Life

32
222

5.0

8

6.1

204

3.0

14

5.0

6
182

6.0

16

15.0

25
205

1.0

5

8.0

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

R.S. 14:35.3(L)

R.S. 14:110.1

Statute Title

Domestic abuse battery

Jumping bail

Total
Number
of
Offenders
209

203

Percentage

of Total
Offenders

0.12%

0.12%

Sentence
Modifier
Unmodified
statute
Habitual
Offender
Unmodified
statute
Habitual
Offender
Other*

R.S. 40:966(C)(2)

Penalty for drugs listed in
Schedule I; Possession
phencyclidine

195

0.11%

Unmodified
statute
Habitual
Offender
Other*

R.S. 14:45

Simple kidnapping

190

0.11%

Unmodified
statute
Habitual
Offender
Other*

R.S. 40:1021

Drug paraphernalia

R.S.
14:81.3(B)(1)(c)

Computer-aided
solicitation of a minor

R.S. 14:62.1

Simple burglary of a
pharmacy

185

182

169

0.11%

0.10%

0.10%

Unmodified
statute
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*

G.15

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

205

3.0

No

0.0

3.0

4

3.0

181

2.0

No

0.0

2.0

21

4.0

No

5.0

20.0

No

0.0

5.0

1
183

4.0

1

20.0

11
166

3.8

9

7.0

15
185

1.0

No

0.0

5.00

150

2.0

Maybe

2.0

10.0

2

7.5

Yes

1.0

10.0

30
135

5.0

3

8.0

31

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

Statute Title

R.S. 14:93.2.3

Second-degree cruelty to
juveniles

R.S. 14:100.13

Operating a vehicle
without lawful presence
in the United States

R.S. 14:64.2

R.S. 14:122

R.S. 14:100

R.S. 14:62.6

R.S.
14:40.2(B)(2)(a)

Carjacking

Public intimidation and
retaliation

Hit-and-run driving

Simple burglary of a
religious building

Stalking

Total
Number
of
Offenders

154

150

144

140

138

137

127

Percentage

of Total
Offenders

0.09%

0.09%

0.08%

0.08%

0.08%

0.08%

0.07%

Sentence
Modifier
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*

G.16

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

144

7.0

No

0.0

40.0

6

22.5

4
150

0.5

No

0.0

1.0

113

5.0

Yes

2.0

20.0

9

20.0

No

0.0

5.0

No

0.0

10.0

Yes

2.0

12.0

Maybe

1.0

5.0

22
131

2.0

6

7.5

3
134

5.0

3

10.0

1
128

5.0

3

10.0

6
122

1.5

4

2.8

1

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

R.S. 14:35

R.S. 14:37.2

R.S. 14:92(C)

R.S. 14:43.3(C)(1)

R.S. 14:51

R.S. 14:82

R.S. 14:43

Statute Title

Simple battery

Aggravated assault upon
peace officer with a
firearm

Contributing to the
delinquency of juveniles

Oral sexual battery

Aggravated arson

Prostitution; definition;
penalties; enhancement

Simple rape

Total
Number
of
Offenders
125

123

122

119

114

112

110

Percentage

of Total
Offenders
0.07%

0.07%

0.07%

0.07%

0.06%

0.06%

0.06%

Sentence
Modifier
Unmodified
statute
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Unmodified
statute
Habitual
Offender
Other*

G.17

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

124

0.5

No

0.0

0.5

115

5.0

No

1.0

10.0

6

8.5

No

0.0

0.5

Maybe

0.0

10.0

Yes

2.0

20.0

No

0.0

50.0

Maybe

0.0

25.0

1

2
118

2.0

1

6.0

3
106

10.0

2

16.6

11
76

6.0

8

17.5

30
110

2.0

2

4.0

92

10.0

1

Life

17

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

R.S. 14:37.1

R.S. 14:62.5(B)

R.S. 14:129.1

R.S. 15:1354

R.S. 14:93.4

R.S. 40:1023

R.S. 40:1041

R.S. 14:96

Statute Title

Assault by drive-by
shooting

Looting

Total
Number
of
Offenders

107

107

Intimidating, impeding, or
injuring witnesses;
injuring officers; penalties

105

LA Racketeering Act

104

Exploitation of persons
with infirmities

Drug paraphernalia
Transactions involving
proceeds from drug
offenses
Aggravated obstruction of
a highway of commerce

97

95

95

91

Percentage

of Total
Offenders

0.06%

0.06%

0.06%

0.06%

0.06%

0.05%

0.05%

0.05%

Sentence
Modifier
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Unmodified
statute
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Unmodified
statute
Other*
Unmodified
statute
Habitual
Offender
Other*

G.18

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

99

2.0

Yes

1.0

5.0

1

Life

No

0.0

15.0

No

0.0

40.0

7
92

3.0

5

10.0

10
103

3.5

2

Over 100
years

102

8.5

Maybe

5.0

50.0

92

5.0

No

0.0

10.0

3

20.0

No

0.0

5.0

2

2
92

1.0

3

2.5

93

5.0

No

0.0

10.0

83

5.0

No

0.0

15.0

6

28.5

2

2

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

R.S. 14:46.1

R.S.
40:967(B)(4)(a)

R.S. 14:25

R.S. 14:402.1

R.S.
14:93.3(E)(1)(b)

R.S. 14:34.6

R.S. 14:37(C)

Statute Title

False imprisonment;
offender armed with
dangerous weapon
Prohibited Acts Schedule II Drug;
penalties, Manufacture;
Distribution: cocaine,
oxycodone, or methadone

Accessories after the fact

Taking of contraband to
state-owned hospitals
unlawful; penalty

Cruelty to persons with
infirmities

Disarming a peace officer

Aggravated assault

Total
Number
of
Offenders
91

90

87

87

87

81

69

Percentage

of Total
Offenders

0.05%

0.05%

0.05%

0.05%

0.05%

0.05%

0.04%

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

Unmodified
statute

86

5.0

No

0.0

10.0

Other*

5
76

6.0

Yes

10.0

30.0

3

5.0

No

0.0

5.0

No

0.0

3.0

Maybe

1.0

10.0

No

0.0

5.0

Maybe

0.3

0.5

Sentence
Modifier

Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Other*

G.19

11
83

2.5

1

4.0

3
81

1.0

2

4.0

4
82

5.0

2

11.5

3
17

4.0

2

14.5

62
67
2

1.0

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

R.S. 14:67.21

R.S. 14:133

Statute Title

Theft of the assets of a
person who is aged or
person with a disability

Filing or maintaining
false public records

Total
Number
of
Offenders

68

64

Percentage

of Total
Offenders

0.04%

0.04%

R.S. 14:92(D)

Contributing to the
delinquency of juveniles

63

0.04%

R.S. 14:37.6

Aggravated assault with a
motor vehicle upon a
peace officer

62

0.04%

R.S. 14:220.1

R.S. 14:89

Leased movables;
obtaining by false
representation; failure to
return or surrender;
penalties; restitution

Crimes against nature

R.S. 14:95.7

Possession of or dealing
in firearms with
obliterated numbers or
marks

R.S. 14:37.7(C)

Domestic abuse
aggravated assault

61

61

59

56

0.03%

0.03%

Sentence
Modifier
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Unmodified
statute
Habitual
Offender
Unmodified
statute
Habitual
Offender
Unmodified
statute
Habitual
Offender
Other*

0.03%

Unmodified
statute

0.03%

Unmodified
statute
Other*

G.20

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

66

4.0

No

0.0

10.0

1

5.0

No

0.0

5.0

1
60

2.0

1

2.5

3
63

2.0

No

0.0

2.0

59

3.0

No

1.0

10.0

3

6.7

60

2.0

No

0.0

2.0

1

3.0

55

3.0

No

0.0

50.0

4

3.8

2
59

3.0

No

1.0

10.0

55

3.0

No

1.0

5.0

1

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

R.S. 40:970(C)

R.S. 14:66

R.S. 14:40.1

R.S. 14:67.9

R.S. 14:132

R.S. 14:126.1

R.S. 22:1924

R.S.
40:967(F)(1)(a)

Statute Title
Prohibited Acts Schedule V Drug;
penalties, Possession

Extortion

Terrorizing
Theft of oil and gas
equipment; penalties
(including Amended
Amounts)
Injuring public records

Total
Number
of
Offenders
56

56

55

53

of Total
Offenders
0.03%

0.03%

0.03%

0.03%

Sentence
Modifier
Unmodified
statute
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Other*
Unmodified
statute
Other*

51

False swearing for the
purpose of violating
public health or safety

50

Insurance fraud

49

Prohibited Acts Schedule II Drug;
penalties, Other penalties
for possession cocaine
(base, mixture, or
substance) 28g - < 200g

Percentage

47

0.03%

0.03%

0.03%

0.03%

Unmodified
statute
Habitual
Offender
Unmodified
statute
Habitual
Offender
Unmodified
statute
Other*
Unmodified
statute
Habitual
Offender
Other*

G.21

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

54

4.0

No

0.0

5.0

51

5.0

No

1.0

15.0

1

12.0

4.0

No

0.0

15.0

5.0

No

0.0

30.0

49

2.0

No

0.0

5.0

2

5.3

43

2.0

No

1.0

5.0

7

3.0

46

3.0

No

0.0

5.0

40

9.0

Yes

5.0

30.0

3

20.0

2

4
52
3
49
4

3

4

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

R.S. 14:95.2

R.S. 14:102.1

R.S. 14:44

Statute Title

Total
Number
of
Offenders

Carrying a firearm or
dangerous weapon by a
student or nonstudent on
school property, at
school-sponsored
functions, or in a firearmfree zone

46

Cruelty to animals;
simple

Aggravated kidnapping

43

43

Percentage

of Total
Offenders

0.03%

0.02%

0.02%

Violation of protective
orders

42

R.S. 14:202.1

Residential contractor
fraud; penalties

41

0.02%

R.S. 14:283(B)(2)

Video voyeurism

41

0.02%

R.S. 14:79(B)(2)

R.S. 14:54.1

Communicating false
information of planned
arson

R.S. 14:95.3

Unlawful use or
possession of body armor

38

Criminal damage to coinoperated devices

38

R.S. 14:56.1

41

0.02%

0.02%

0.02%

0.02%

Sentence
Modifier

Unmodified
statute

Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Other*
Unmodified
statute
Habitual
Offender
Unmodified
statute
Unmodified
statute
Other*
Unmodified
statute
Unmodified
statute
Habitual
Offender
Unmodified
statute
Habitual
Offender

G.22

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

46

3.0

No

0.0

5.0

40

2.2

No

0.0

10.0

1

5.0

Life

Yes

Life

Life

41

0.5

Yes/Maybe

2 days

0.5

1

4.0

41

5.0

No

0.0

10.0

40

2.0

Maybe

0.5

3.0

41

3.0

No

0.0

20.0

37

2.0

No

0.0

2.0

1

1.0

37

2.0

No

0.0

2.0

1

1.5

2
32
11

1

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

Statute Title

Total
Number
of
Offenders

Percentage

of Total
Offenders

Possession of
unidentifiable firearm;
particular penalties;
identification of source of
firearm

37

R.S. 14:67.24

Theft of utility property

36

0.02%

R.S. 14:134

Malfeasance in office

36

0.02%

C.C.P. 884

Sentences of fine with
imprisonment for default

35

0.02%

R.S. 14:102.1(B)

Cruelty to animals;
aggravated

R.S. 40:1792

R.S. 14:39.1

R.S. 14:202

R.S. 40:1785

Vehicular negligent
injuring
Contractors;
misapplication of
payments prohibited;
penalty
Possession or dealing in
unregistered or illegallytransferred weapons

35

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

Unmodified
statute

31

5.0

Maybe

5.0

0.0

Other*

6
36

5.0

No

2.0

10.0

36

3.0

No

0.0

5.0

35

1.0

No

0.0

1.0

33

3.0

0.02%

0.02%

34

0.02%

34

0.02%

34

0.02%

False personation of a
peace officer or
firefighter

33

R.S. 14:40.3

Cyberstalking

33

0.02%

R.S. 14:28

Inciting a felony

32

0.02%

R.S. 14:43.5

Intentional exposure to
AIDS virus

31

0.02%

R.S. 14:112.1

Number of
Offenders

Sentence
Modifier

0.02%

Unmodified
statute
Unmodified
statute
Unmodified
statute
Unmodified
statute
Other*
Unmodified
statute

2
34

2.0

No

0.0

0.5

Unmodified
statute

34

4.5

No

0.2

0.5

Unmodified
statute

34

2.8

No

1.0

10.0

30

2.0

No

0.0

2.0

3

Life

33

1.0

No

0.0

5.0

32

2.0

No

0.0

2.0

30

4.5

No

0.0

11.0

Unmodified
statute
Habitual
Offender
Unmodified
statute
Unmodified
statute
Unmodified
statute
Other*

G.23

1

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

R.S. 40:1788

R.S. 40:1238.3

R.S. 15:1403

R.S. 14:118

R.S. 14:53

Statute Title
Identification with
number or other mark;
obliteration or alteration
of number or mark
Obtaining legend drugs
by misrepresentation or
fraud; penalties
Criminal street gangs and
patterns of criminal street
gang activity; prohibitions
and criminal penalties

Public bribery

Arson with intent to
defraud

Total
Number
of
Offenders
31

30

29

28

26

Percentage

of Total
Offenders

0.02%

0.02%

0.02%

0.02%

0.01%

Unlawful use of a social
networking website

26

R.S. 14:123

Perjury

26

0.01%

R.S. 14:38

Simple assault

25

0.01%

R.S. 14:63

Criminal trespass

25

0.01%

R.S. 40:1025

Drug paraphernalia

24

0.01%

R.S. 14:91.5(C)(1)

0.01%

Sentence
Modifier

Unmodified
statute
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Other*
Unmodified
statute
Unmodified
statute
Unmodified
statute
Unmodified
statute

G.24

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

31

5.0

No

1.0

10.0

25

3.0

No

0.0

5.0

1

5.0

No

1.0

0.0

No

0.0

5.0

No

0.0

5.0

1.0

Maybe

0.0

10.0

26

5.0

No

5.0

40.0

25

1.0

No

0.0

0.2

25

0.5

No

0.0

0.5

24

2.0

No

0.0

5.0

4
28

5.0

1

80.0

22

3.5

1

5.0

5
22

4.5

1

10.0

3
25
1

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

Statute Title

Total
Number
of
Offenders

of Total
Offenders

R.S. 14:26

Criminal conspiracy

R.S. 14:285

Telephone
communications;
improper language;
harassment

24

0.01%

R.S. 14:111

Assisting escape

24

0.01%

R.S. 14:93.5

R.S. 14:220

R.S. 14:102.5
R.S. 14:84

R.S. 40:970(B)

R.S. 14:94(E)

RS 14:230

Sexual battery of persons
with infirmities
Rented or leased motor
vehicles; obtaining false
representation; failure to
return; defenses
Dogfighting; training and
possession of dogs for
fighting
Pandering
Prohibited Acts Schedule V Drug;
penalties, Manufacture;
Distribution
Illegal use of weapons or
dangerous
instrumentalities
Money laundering;
transactions involving
proceeds of criminal
activity

24

Percentage

0.01%

Sentence
Modifier
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Unmodified
statute
Other*
Unmodified
statute

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

21

4.0

Maybe

0.0

0.0

1

5.0

2
24

1.0

No

0.0

2.0

23

2.0

No

0.0

5.0

23

6.0

No

0.0

10.0

1

23

0.01%

21

0.01%

Unmodified
statute

21

2.0

No

0.0

5.0

21

0.01%

Unmodified
statute

21

5.0

No

1.0

10.0

21

0.01%

21

3.0

No

0.0

50.0

18

5.0

No

0.0

5.0

21

0.01%

5.0

Yes

5.0

10.0

6.5

No

0.0

99.0

Unmodified
statute
Unmodified
statute
Other*

20

20

0.01%

0.01%

Unmodified
statute
Other*
Unmodified
statute

G.25

3
17
3
20

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

R.S. 14:54.3

R.S. 14:70.7

R.S. 22:1925
R.S. 14:75
R.S. 14:404

R.S. 14:94(F)(1)

R.S. 14:46

R.S. 14:43.2(C)(1)

R.S. 40:962.1

Statute Title

Manufacture and
possession of a bomb
Unlawful production,
manufacturing,
distribution or possession
of fraudulent documents
for identification purposes
Automobile insurance
policies
Failure to pay child
support obligation
Self-mutilation by a
prisoner
Illegal use of weapons
or dangerous
instrumentalities

False imprisonment

Total
Number
of
Offenders
20

20

Percentage

of Total
Offenders
0.01%

0.01%

19

0.01%

18

0.01%

18

0.01%

18

17

Second-degree sexual
battery

17

Ephedrine products

16

0.01%

0.01%

0.01%

0.01%

R.S. 14:103

Disturbing the peace

16

0.01%

R.S. 14:91.2

Unlawful presence of a
sex offender

16

0.01%

Sentence
Modifier
Unmodified
statute
Other*
Unmodified
statute
Habitual
Offender
Unmodified
statute
Unmodified
statute
Unmodified
statute
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Other*
Unmodified
statute
Habitual
Offender
Unmodified
statute
Other*
Unmodified
statute
Unmodified
statute

G.26

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

18

4.0

No

0.0

20.0

19

1.0

No

0.0

3.0

1

10.0

19

3.0

No

0.0

5.0

18

2.0

No

0.0

2.0

18

1.0

No

0.0

2.0

12

10.0

Maybe

10.0

Life

1

10.0

1.5

No

0.0

0.5

15

12.0

Maybe

0.0

15.0

2

Over 100
years

14

2.0

No

0.0

0.5

16

0.5

No

0.0

0.5

16

1.0

No

0.0

1.0

2

5
16
1

2

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

Statute Title

Total
Number
of
Offenders

Percentage

of Total
Offenders

Unauthorized entry of
critical infrastructure

15

R.S. 14:39

Negligent injuring

15

0.01%

R.S. 14:28.1

Solicitation of murder

15

0.01%

R.S. 14:61

R.S. 32:415

R.S. 40:981(C)

R.S. 14:67.28

R.S. 14:56.4

R.S. 15:561.7
R.S. 14:52.1

Operating vehicle while
license is suspended;
offenses in other states;
record of offenses given
other states
Distribution to persons
under age 18
Theft of copper or other
metals; determination of
value of copper or other
metals taken
Criminal damage to
property by defacing with
graffiti
Failure to comply with
provisions of supervised
release
Simple arson of a
religious building

0.01%

15

0.01%

14

0.01%

14

0.01%

14

0.01%

14

0.01%

13

0.01%

Sentence
Modifier
Unmodified
statute
Other*
Unmodified
statute
Unmodified
statute
Other*
Unmodified
statute
Unmodified
statute
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute
Unmodified
statute
Other*
Unmodified
statute

G.27

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

13

3.0

No

0.0

6.0

15

1.5

No

0.0

0.5

13

10.0

No

5.0

20.0

15

0.5

Maybe

7 days

0.5

14

3.0

Maybe

0.0

0.0

11

5.0

No

0.0

10.0

2

5.5

2

2

1
14

2.0

No

0.0

10.0

13

2.0

Yes

2.0

20.0

3.0

Yes

2.0

15.0

1
13

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

R.S. 40:962.1.1

R.S. 14:207

R.S. 14:68.2

R.S.
40:967(F)(1)(b)

R.S. 14:67.22

R.S. 40:1041(E)

R.S. 14:223.6

Statute Title
Possession of twelve
grams or more of
ephedrine,
pseudoephedrine, or
phenylpropanolamine or
their salts, optical
isomers, and salts of
optical isomers
Motor vehicles, alteration
or removal of identifying
numbers prohibited, sale,
etc.
Unauthorized use of
supplemental nutrition
assistance program
benefits or supplemental
nutrition assistance
program benefit access
devices
Prohibited Acts Schedule II Drug;
penalties, other penalties
for possession cocaine
(base, mixture, or
substance) 200g - < 400g
Fraudulent acquisition of
a credit card

Total
Number
of
Offenders

Percentage

of Total
Offenders

Sentence
Modifier

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

13

0.01%

Unmodified
statute

13

2.0

No

0.0

2.0

13

0.01%

Unmodified
statute

13

2.0

No

0.0

5.0

12

0.01%

Unmodified
statute

12

4.0

No

0.5

10.0

12

0.01%

Unmodified
statute

12

10.0

Yes

10.0

30.0

12

0.01%

12

4.0

No

0.0

10.0

Transactions involving
proceeds from drug
offenses

10

5.0

No

0.0

10.0

11

0.01%

1

Life

No

Rental or sale of
improperly labeled
articles prohibited

11

11

2.5

No

0.0

5.0

0.01%

Unmodified
statute
Unmodified
statute
Habitual
Offender
Unmodified
statute

G.28

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

R.S. 14:46.2(B)(3)

Statute Title

Human trafficking

Total
Number
of
Offenders
10

Percentage

of Total
Offenders
0.01%

R.S. 14:70.1

Medicaid fraud

10

0.01%

R.S. 22:44

False or fraudulent
material information

10

0.01%

R.S. 14:70

False accounting

10

0.01%

Sentence
Modifier
Unmodified
statute
Other*
Unmodified
statute
Unmodified
statute
Unmodified
statute
Habitual
Offender
Unmodified
statute
Unmodified
statute

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

9

5.0

Yes

5.0

25.0

10

1.5

No

0.0

5.0

10

5.0

No

0.0

5.0

8

3.0

No

0.0

0.5

2

10.0

No

0.0

0.5

10

2.5

Yes

8.0

50.0

10

0.5

No

0.0

0.5

1

R.S. 40:979(B)

Attempt and conspiracy

10

0.01%

R.S. 14:59

Criminal mischief

10

0.01%

9

0.01%

Unmodified
statute

9

5.0

No

0.0

20.0

9

0.01%

Unmodified
statute

9

1.0

No

0.0

2.0

Unmodified
statute

7

8.0

Yes

15.0

30.0

Other*

2

Unmodified
statute

9

3.0

No

1.0

10.0

R.S. 14:54.6

R.S. 30:2076.2(3)

R.S.
40:967(F)(1)(C)

R.S. 40:1781

Communicating false
information of a planned
bombing on school
property, at a schoolsponsored function, or in
a firearm-free zone
Criminal penalties for
violation of the Louisiana
Pollutant Discharge
Elimination System
Prohibited Acts Schedule II Drug;
penalties other penalties
for possession cocaine
(base, mixture, or
substance) = 400g
Definitions (Weapons
Registration)

9

9

0.01%

0.01%

G.29

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

Statute Title

Total
Number
of
Offenders

Percentage

of Total
Offenders

Illegal use of controlled
dangerous substance in
the presence of persons
under seventeen

9

R.S. 14:62.5(C)

Looting

9

R.S. 14:80.1

Misdemeanor carnal
knowledge of a juvenile

9

0.01%

R.S. 14:102.8

Injuring or killing of
police animal

8

0.00%

R.S. 14:68.3

Unauthorized removal of
motor vehicle; penalties

8

0.00%

R.S. 14:329.2

Inciting a riot

8

0.00%

R.S. 14:107.2

Hate crimes

8

0.00%

R.S. 14:91.13

R.S.
14:82.1(D)(3)(a)

Prostitution; persons
under eighteen; additional
offenses

R.S. 46:114.2

Attempting or aiding to
obtain assistance
fraudulently; penalties
Fraud in obtaining
assistance; withholding
information concerning
property, income or
beneficiary, or personal
circumstances

8

0.01%

0.01%

Sentence
Modifier
Unmodified
statute
Habitual
Offender
Unmodified
statute
Other*
Unmodified
statute
Unmodified
statute
Other*
Unmodified
statute
Unmodified
statute
Unmodified
statute
Habitual
Offender

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

8

1.7

No

0.0

0.5

1

8.0

8

3.5

Yes

3.0

15.0

9

0.5

No

0.0

0.5

4

3.0

No

1.0

7.0

8

3.0

No

0.0

0.5

8

4.0

No

0.0

21.0

6

1.5

No

0.0

5.0

2

3.8

1

4

0.00%

Unmodified
statute

8

0.5

Maybe

5.0

0.0

0.00%

Unmodified
statute

1

3.0

No

0.0

20.0

0.00%

Unmodified
statute

7

2.0

No

0.0

20.0

8

G.30

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

R.S.
14:110.2(B)(2)

R.S. 14:83.2

R.S. 14:223.7
R.S. 14:57

Statute Title

Total
Number
of
Offenders

Tampering with
electronic monitoring

8

Promoting prostitution

7

Counterfeiting or
possessing counterfeit
labels prohibited
Damage to property with
intent to defraud

7
7

R.S.
14:129(B)(2)(b)

Jury tampering

R.S. 14:67.11

Credit card fraud by
persons authorized to
provide goods and
services

7

R.S. 14:329.1

Riot

7

R.S. 14:211

Sale of forest products;
failure to remit payment
to owner

R.S. 14:44.2

R.S. 14:56.5

7

Percentage

of Total
Offenders

0.00%

0.00%

0.00%
0.00%

0.00%

0.00%

Sentence
Modifier
Unmodified
statute
Habitual
Offender
Unmodified
statute
Habitual
Offender
Unmodified
statute
Other*
Unmodified
statute
Unmodified
statute
Habitual
Offender
Other*
Unmodified
statute

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

7

1.0

Maybe

3 days

1.0

1

1.0

6

2.0

No

0.0

50.0

1

1.0

6

2.3

No

0.0

5.0

7

3.0

No

0.0

4.0

4

5.0

Maybe

0.0

0.0

2

9.5

3.0

No

0.0

15.0

1

1
6

Other*

1

0.00%

Unmodified
statute

7

3.0

No

0.0

21.0

6

0.00%

Unmodified
statute

6

4.5

No

0.0

10.0

Aggravated kidnapping of
a child

6

0.00%

Unmodified
statute
Other*

5

25.0

Yes

Life

Life

Criminal damage to
historic buildings or
landmarks by defacing
with graffiti

6

1.1

No

0.0

2.0

0.00%

Unmodified
statute

G.31

1
6

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

R.S. 14:32.6

R.S. 14:229

Statute Title

First-degree feticide

Illegal use of counterfeit
trademark; penalties

Total
Number
of
Offenders
6

6

Dangerous chemical
substances; butyl nitrite,
nitrous oxide, and amyl
nitrite; use and
transference; penalties

6

R.S. 32:58

Careless operations

6

R.S. 14:63.3

Entry or remaining in
places or on land after
being forbidden

R.S. 14:73.5

R.S. 40:989(C)

Percentage

of Total
Offenders
0.00%

0.00%

Sentence
Modifier
Unmodified
statute
Other*
Unmodified
statute
Habitual
Offender
Unmodified
statute

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

2

15.0

No

0.0

15.0

5

2.0

No

0.0

5.0

1

2.5

5

5.0

No

0.0

0.5

4

0.00%
Other*

1

0.00%

Unmodified
statute

6

0.5

No

0.0

0.0

6

0.00%

Unmodified
statute

6

0.5

No

0.0

0.5

Computer fraud

6

0.00%

Unmodified
statute

6

4.0

No

0.0

5.0

R.S. 14:223.8

Possessing of tools and
equipment used for
manufacturing
unauthorized sound
recording prohibited

5

0.00%

Unmodified
statute

5

2.0

No

0.0

5.0

R.S. 14:130

Jury misconduct

5

0.00%

4

2.3

No

0.0

0.5

5

0.3

No

0.0

0.5

R.S. 14:99

R.S. 14:50.2
R.S.
14:130.1(B)(1)

Reckless operation of a
vehicle
Perpetration or attempted
perpetration of certain
crimes of violence against
victim 65+
Obstruction of justice;
Life or Death

Unmodified
statute
Other*
Unmodified
statute

1

5

0.00%

5

0.00%

Unmodified
statute

5

3.0

No

0.0

0.0

5

0.00%

Unmodified
statute

5

10.0

No

0.0

40.0

G.32

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

R.S. 32:1310

Statute Title
Proper equipment
required on vehicles;
display of plate
Obstruction of justice,
other

Total
Number
of
Offenders

Percentage

of Total
Offenders

5

0.00%

5

0.00%

Child desertion

5

0.00%

R.S. 14:112

False personation

5

0.00%

R.S. 32:732

Transfer and possession
of stolen vehicles

5

0.00%

Obscenity

5

R.S.
14:130.1(B)(3)
R.S.
14:93.2.1(B)(2)

R.S. 14:106(G)(4)

R.S. 14:131
R.S. 32:61
R.S. 14:67.6
R.S. 47:9071
R.S. 14:95.6

Compounding a felony
Maximum speed limit
Theft of utility service;
inference of commission
of theft; penalties
False or altered lottery
tickets
Firearm-free zone; notice;
signs; crime; penalties

5

0.00%

0.00%

4

0.00%

4

0.00%

4

0.00%

4

0.00%

R.S. 14:67.25

Organized retail theft

4

0.00%

R.S. 14:67.4

Anti-skimming Act

4

0.00%

Sentence
Modifier
Unmodified
statute
Unmodified
statute
Unmodified
statute
Unmodified
statute
Unmodified
statute
Habitual
Offender
Unmodified
statute
Habitual
Offender
Unmodified
statute
Other*
Unmodified
statute
Unmodified
statute
Unmodified
statute
Unmodified
statute
Unmodified
statute
Unmodified
statute
Habitual
Offender

G.33

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

5

0.1

No

0.0

0.5

5

5.0

No

0.0

5.0

5

0.5

Maybe

30 days

0.5

5

1.0

No

0.0

0.2

4

2.0

No

1.0

5.0

1

5.0

4

3.0

Yes

2.0

5.0

1

9.0

4

2.0

No

0.0

2.0

4

0.1

No

0.0

0.0

4

2.5

No

0.0

2.0

4

5.0

Yes

5.0

20.0

4

2.5

No

0.0

0.5

4

3.0

No

0.0

10.0

3

1.8

No

0.0

10.0

1

4.0

1

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

R.S. 14:204

R.S. 18:1461.2

R.S. 14:67.18
R.S. 14:133.2
R.S. 14:100.1
R.S. 14:40.6
R.S. 40:982
R.S. 14:32.7
R.S. 14:32.8

R.S. 51:723

Statute Title
Fire-raising on land of
another by criminal
negligence; penalty
Election offenses
affecting registration and
election fraud or forgery;
penalties
Cheating and swindling
Misrepresentation during
booking
Obstructing public
passages
Unlawful disruption of
the operation of a school
Second or subsequent
Offense
Second-degree feticide
Third-degree feticide
Registration of dealers,
salesmen, and investment
advisers and investment
adviser representatives;
surety bonds; records
Registration of securities;
when and how required;
delivery of prospectus

Total
Number
of
Offenders

Percentage

of Total
Offenders

Prohibited sexual conduct
between educator and
student

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

4

0.00%

Unmodified
statute

4

2.5

No

0.0

0.1

4

0.00%

Unmodified
statute

4

1.0

No

0.0

5.0

4

0.00%

4

3.0

No

0.0

10.0

4

0.00%

4

0.5

No

0.0

0.5

4

0.00%

4

0.5

No

0.0

0.5

4

0.00%

4

1.3

No

1.0

5.0

4

0.00%

4

7.5

Maybe

0.0

0.0

4

0.00%

2

7.5

No

0.0

10.0

4

5.0

No

0.0

5.0

Unmodified
statute

1

8.0

No

0.0

5.0

Unmodified
statute

1

8.0

No

0.0

5.0

Unmodified
statute

2

6.5

No

0.0

5.0

Unmodified
statute

3

5.0

No

0.0

5.0

4

4

0.00%

3

Unmodified
statute
Unmodified
statute
Unmodified
statute
Unmodified
statute
Unmodified
statute
Unmodified
statute
Other*
Unmodified
statute

2

0.00%

Unlawful practices
R.S. 14:81.4

Sentence
Modifier

0.00%

G.34

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

R.S. 14:51.1
R.S. 14:74

R.S. 14:134.1

R.S. 32:79

R.S. 14:92.1

R.S. 23:1172.1

R.S. 32:300

R.S. 14:54.2

R.S. 14:70.8

R.S. 21:21

Statute Title

Injury by arson
Criminal neglect of
family
Malfeasance in office;
sexual conduct prohibited
with persons in the
custody and supervision
of the Dept. of Public
Safety and Corrections
Driving on roadway laned
for traffic
Encouraging or
contributing to child
delinquency, dependency
or neglect; penalty;
suspension of sentence;
definitions
Willful misrepresentation
by employer; aid or abet;
criminal penalties; civil
immunity
Possession of alcoholic
beverages in motor
vehicles
Manufacture and
possession of delayed
action incendiary devices;
penalty
Illegal transmission of
monetary funds
Fraud in obtaining
accommodations;
worthless checks and
other fraudulent acts

Total
Number
of
Offenders

Percentage

of Total
Offenders

Sentence
Modifier
Unmodified
statute
Unmodified
statute

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

3

10.0

Yes

2.0

20.0

3

4.0

No

0.0

0.5

3

0.00%

3

0.00%

3

0.00%

Unmodified
statute

3

4.0

No

0.0

10.0

3

0.00%

Unmodified
statute

3

3.0

No

0.0

0.0

3

0.00%

Unmodified
statute

3

0.5

No

0.0

0.5

3

0.00%

Unmodified
statute

3

2.0

No

1.0

10.0

3

0.00%

Unmodified
statute

3

0.5

No

0.0

0.0

3

0.00%

Unmodified
statute

3

8.0

No

0.0

20.0

3

0.00%

Unmodified
statute

3

5.0

No

0.0

10.0

3

0.00%

Unmodified
statute

3

1.0

No

0.0

2.0

G.35

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

Statute Title

Total
Number
of
Offenders

Percentage

of Total
Offenders

Sentence
Modifier
Unmodified
statute
Unmodified
statute

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

3

5.0

No

0.0

2.0

3

2.0

No

0.0

0.5

R.S. 14:138

Public payroll fraud

3

0.00%

R.S. 14:40

Intimidation by officers

3

0.00%

3

0.00%

Unmodified
statute

3

5.0

Yes

10.0

30.0

3

0.00%

Unmodified
statute

3

1.0

No

0.0

1.0

3

0.00%

Unmodified
statute

3

2.0

No

2.0

50.0

3

0.00%

Unmodified
statute

3

0.5

Maybe

7 days

0.5

3

0.00%

Unmodified
statute

3

3.0

Yes

3 days

1.0

3

0.00%

Unmodified
statute

3

5.0

No

0.0

20.0

3

0.00%

3

1.0

0.0

0.0

2

1.0

0.0

2.0

3

0.00%

1

1.0

R.S. 40:981.2(C)

R.S. 14:62.7
R.S. 14:86

R.S. 32:402

R.S. 14:34.3
R.S. 14:62.9
R.S. 27:99

R.S. 14:110.3

Soliciting minors to
produce, manufacture,
distribute or dispense
controlled dangerous
substances, cocaine,
oxycodone, heroin,
methamphetamine, or
methadone
Unauthorized entry of a
dwelling during an
emergency or disaster
Enticing persons into
prostitution
All drivers must secure
license; exception;
emergency vehicle
exception; military
personnel exceptions;
emergency command post
vehicle exception;
violations
Battery of a school
teacher
Simple burglary of a law
enforcement or
emergency vehicle
Prohibited act and gaming
offenses
Tampering with
surveillance accounting

Unmodified
statute
Unmodified
statute
Habitual
Offender

G.36

No

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

Statute Title

Total
Number
of
Offenders

Percentage

of Total
Offenders

Sentence
Modifier

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

R.S. 14:125

False swearing

2

0.00%

Unmodified
statute

2

1.0

No

0.0

1.0

R.S. 47:337.82

Criminal penalty for
failing to account for
local tax monies

2

0.00%

Unmodified
statute

2

3.5

No

0.0

5.0

R.S. 14:43.1(C)(3)

Sexual battery

2

0.00%

Unmodified
statute

2

9.0

Yes

25.0

99.0

2

0.00%

Unmodified
statute

2

5.5

No

0.0

10.0

2

0.00%

Unmodified
statute

2

1.3

No

0.0

0.5

2

0.00%

2

2.0

Yes

3 days

0.5

2

0.00%

2

6.0

No

0.0

0.5

2

0.00%

2

0.3

No

0.0

0.0

2

0.00%

1

1.0

Maybe

10.0

50.0

2

4.0

Yes

14 days

0.5

2

15.0

No

0.0

0.5

1

8.0

Maybe

5.0

10.0

2

1.5

No

30 days

0.5

2

5.0

No

0.0

10.0

R.S.
23:1208(C)(1)
R.S. 14:93.12
R.S. 14:35.1
R.S. 14:97
RS 32:232

Misrepresentations
concerning benefit
payments; penalty
Purchase and public
possession of alcoholic
beverages; penalties
Battery of a child welfare
or APS worker
Simple obstruction of a
highway of commerce
Traffic-control signals
Attempt; penalties;
attempt on peace officer;
enhanced penalties
Violation of protective
orders
Possession of firearm on
premises of alcoholic
beverage outlet

2

0.00%

2

0.00%

R.S. 14:46.3(D)(2)

Trafficking of children
for sexual purposes

2

0.00%

R.S. 14:38.2

Assault of a school
teacher

2

0.00%

R.S. 14:120

Corrupt influencing

2

0.00%

R.S.
14:27(D)(1)(a)
R.S. 14:79(C)(1)
R.S. 14:95.5

Unmodified
statute
Unmodified
statute
Unmodified
statute
Unmodified
statute
Other*
Unmodified
statute
Unmodified
statute
Unmodified
statute
Other*
Unmodified
statute
Unmodified
statute

G.37

1

1

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

Statute Title

Total
Number
of
Offenders

R.S. 40:966(B)(1)

Penalty for narcotic
drugs listed in Schedule I;
Manufacture; Distribution

2

0.00%

R.S. 14:286

Sale of minor children

2

0.00%

R.S.
14:128.1(B)(1)

Terrorism

2

0.00%

R.S. 14:67.20

Theft of a business record

2

0.00%

2

0.00%

Unmodified
statute

2

2.5

Yes

2.0

10.0

2

0.00%

Unmodified
statute

2

3.0

No

0.0

10.0

2

0.00%

Unmodified
statute

2

1.0

No

0.0

5.0

2

0.00%

Unmodified
statute

2

3.5

No

0.0

5.0

2

0.00%

Unmodified
statute

2

2.5

No

0.0

0.5

2

0.00%

2

5.0

Yes

2.0

5.0

2

0.00%

2

7.0

No

1.0

10.0

1

0.00%

1

2.0

No

0.0

0.5

1

0.00%

Unmodified
statute

1

0.5

No

0.0

2.0

1

0.00%

Unmodified
statute

1

2.0

No

0.0

21.0

R.S. 14:73.8(C)

R.S. 14:70.2
R.S. 47:2607

R.S. 14:223

R.S. 14:68.1
R.S. 14:37.7(D)
R.S. 40:1752
R.S. 14:47
R.S. 51:651.1

R.S. 14:329.7

Unauthorized use of a
wireless router system;
pornography involving
juveniles; penalty
Refund or access device
application fraud
Penalties: Marijuana and
Controlled Dangerous
Substances Tax Act
Sound reproductions
without consent
prohibited
Unauthorized removal of
a shopping cart, basket or
dairy case
Domestic abuse
aggravated assault
Handling of machine
guns, unlawful
Defamation
Possession, sale or use of
certain fireworks
prohibited
Punishment: Participation
in a riot, inciting a riot, or
failing to disperse

Percentage

of Total
Offenders

Sentence
Modifier
Unmodified
statute
Unmodified
statute
Unmodified
statute
Unmodified
statute

Unmodified
statute
Unmodified
statute
Unmodified
statute

G.38

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

2

4.0

Yes

10.0

50.0

2

1.6

No

0.0

10.0

2

1.5

Maybe

4.0

Life

2

6.0

No

0.0

2.0

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

R.S. 14:134.2
R.S. 14:126.2
R.S. 14:134.3
R.S. 15:560.4
R.S. 14:104
R.S. 14:35.2
R.S. 40:981.1

R.S. 14:95.2.1

R.S.
14:225(B)(2-3)
R.S.
14:130.1(B)(2)
R.S. 14:67.19

R.S. 14:63.4

R.S. 14:513
R.S. 14:95.1.1

Statute Title
Malfeasance in office;
tampering with evidence
False statements
concerning denial of
constitutional rights
Abuse of office
Electronic monitoring of
sexually violent predators
or child sexual predators
Keeping a disorderly
place
Simple battery of persons
with infirmities
Distribution to a student
Illegal carrying of a
firearm at a parade with
any firearm used in the
commission of a crime of
violence
Institutional vandalism;
greater than $500
Obstruction of justice;
Hard labor
Theft of anhydrous
ammonia
Aiding and abetting
others to enter or remain
on premises where
forbidden
Possession of loan shark
records
Attempt or conspiracy

Total
Number
of
Offenders

Percentage

of Total
Offenders

Sentence
Modifier

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

1

0.00%

Unmodified
statute

1

2.0

No

0.0

3.0

1

0.00%

Unmodified
statute

1

5.0

No

1.0

5.0

1

0.00%

Unmodified
statute

1

3.0

No

1.0

5.0

1

0.00%

Unmodified
statute

1

2.0

Yes

2.0

20.0

1

0.00%

1

2.0

No

0.0

50.0

1

0.00%

1

0.5

No

30 days

0.5

1

0.00%

1

1.0

Maybe

0.0

0.0

1

0.00%

1

5.0

No

1.0

5.0

1

0.00%

1

1.0

No

0.0

10.0

1

0.00%

1

8.0

No

0.0

20.0

1

0.00%

1

2.0

No

0.0

2.0

1

0.00%

1

2.3

No

0.0

0.5

1

0.00%

1

4.0

No

0.0

1.0

1

0.00%

1

1.0

Yes

1.0

2.5

Unmodified
statute
Unmodified
statute
Unmodified
statute
Unmodified
statute
Unmodified
statute
Unmodified
statute
Unmodified
statute
Unmodified
statute
Unmodified
statute
Unmodified
statute

G.39

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

R.S. 14:38.1

R.S. 14:222

R.S. 14:91.1
R.S. 14:91
R.S. 14:334
R.S. 56:33

R.S. 14:108.1(C)
R.S. 14:97.1

R.S. 14:67.8

R.S. 14:73.3

R.S. 14:122.1

R.S. 14:218

Statute Title
Mingling harmful
substances
Possession, manufacture,
sale or transfer of devices
for avoidance of payment
for telecommunications
services or related
offenses
Unlawful presence of a
sexually violent predator
Unlawful sale of weapons
to minors
Ignition interlock device
offenses
License; license books;
returns; transfer of license
prohibited
Flight from an officer;
aggravated flight from an
officer
Solicitation on an
interstate highway
Theft of oilfield
geological survey,
seismograph, and
production maps;
penalties
Offenses against
computer equipment or
supplies
Intimidation and
interference in the
operation of schools
Seafood sales and
purchases; commercial
license required for seller

Total
Number
of
Offenders

Percentage

of Total
Offenders

Sentence
Modifier

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

1

0.00%

Unmodified
statute

1

2.0

No

0.0

2.0

1

0.00%

Unmodified
statute

1

2.0

No

0.0

1.0

1

0.00%

1

7.0

No

0.0

0.5

1

0.00%

1

0.5

No

0.0

0.5

1

0.00%

1

0.5

No

0.0

0.5

1

0.00%

Unmodified
statute

1

10.0

No

0.0

0.3

1

0.00%

Unmodified
statute

1

2.0

No

0.0

10.0

1

0.00%

Unmodified
statute

1

0.5

No

0.0

0.5

1

0.00%

Unmodified
statute

1

1.0

No

1.0

10.0

1

0.00%

Unmodified
statute

1

1.5

No

0.0

5.0

1

0.00%

Unmodified
statute

1

3.0

No

0.0

1.0

1

0.00%

Unmodified
statute

1

0.5

No

0.0

2.0

Unmodified
statute
Unmodified
statute
Unmodified
statute

G.40

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

Statute Title

Total
Number
of
Offenders

Percentage

of Total
Offenders

Sentence
Modifier

Number of
Offenders

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

1

1.0

No

0.0

1.0

1

1.5

No

0.5

3.0

1

1.0

No

0.0

50.0

1

3.0

No

0.0

3.0

R.S. 14:91.11

Sale, exhibition, or
distribution of material
harmful to minors

1

0.00%

R.S. 14:106.1

Habitual Offender

1

0.00%

R.S. 14:83.1

Inciting prostitution

1

0.00%

1

0.00%

1

0.00%

Unmodified
statute

1

2.0

No

0.5

3.0

1

0.00%

Unmodified
statute

1

0.5

No

0.0

0.5

1

2.0

No

0.0

0.5

1

3.0

No

1.0

10.0

1

0.5

No

0.0

5.0

1

2.0

No

0.0

50.0

1

3.0

No

0.0

3.0

1

2.0

No

0.0

0.5

1

1.0

No

0.0

10.0

R.S. 8:654
R.S. 14:313

R.S. 14:122.2

Mutilating, disinterring
human remains; penalty
Masks or hoods, wearing
in public places
prohibited; penalty
Threatening a public
official; penalties;
definitions

Unmodified
statute
Unmodified
statute
Unmodified
statute
Unmodified
statute

Unmodified
statute
Unmodified
statute
Unmodified
statute
Unmodified
statute

R.S. 14:107

Vagrancy

1

0.00%

R.S. 40:1791

Penalty: Weapons
Registration

1

0.00%

R.S. 14:76

Bigamy

1

0.00%

R.S. 14:105

Letting a disorderly place

1

0.00%

R.S. 22:1562

Prohibited Acts
(Qualifications and
Licensing)

1

0.00%

R.S. 14:101

Desecration of graves

1

0.00%

1

0.00%

1

0.00%

Unmodified
statute

1

1.0

No

0.0

1.0

1

0.00%

Unmodified
statute

1

2.0

No

1.0

10.0

R.S. 30:2025
R.S. 14:72.4
R.S. 14:67.7

Enforcement:
Environmental Quality
Disposal of property with
fraudulent or malicious
intent
Theft of petroleum
products; penalties

Unmodified
statute
Unmodified
statute
Unmodified
statute

G.41

Evaluation of Louisiana’s Incarceration Rate and Costs for Nonviolent Offenders

Appendix G

Number of Felony Convictions by Offense during Fiscal Years 2009 - May 2015
Statute

Statute Title

Total
Number
of
Offenders

Percentage

of Total
Offenders

Sentence
Modifier

Unmodified
statute
Abuse and neglect of
Unmodified
R.S. 14:403.2
1
0.00%
adults
statute
Unmodified
R.S. 14:140
Public contract fraud
1
0.00%
statute
Unlawful disposal of
Unmodified
R.S. 8:652
1
0.00%
remains
statute
R.S.
Crime against nature by
Unmodified
1
0.00%
14:89.2(B)(3)(b)
solicitation
statute
Unmodified
R.S. 14:327
Obstructing a fireman
1
0.00%
statute
Hazardous Waste Control
Unmodified
R.S. 30:2183
1
0.00%
Law
statute
Unmodified
R.S. 14:54.5
Fake explosive devices
1
0.00%
statute
*Other includes accessory, attempt, and conspiracy, all which may reduce the overall sentence given.
Source: Prepared by legislative auditor’s staff using data from the CAJUN database.
R.S. 30:2418

Waste Tires

1

0.00%

G.42

Median
Sentence
(Years)

Mandatory
Minimum
Sentence
(Years)

Minimum
Sentence
in Law
(Years)

Maximum
Sentence in
Law
(Years)

1

2.0

No

0.0

10.0

1

3.0

No

0.0

0.5

1

2.0

No

0.0

2.0

1

3.0

No

0.0

3.0

1

5.0

Maybe

25.0

50.0

1

2.0

No

0.5

35.0

1

5.0

No

0.0

15.0

1

3.0

No

0.0

5.0

Number of
Offenders

APPENDIX H: DIFFERENCE BETWEEN TRADITIONAL PAROLE
AND GOOD TIME PAROLE
Comparison of Good Time and Traditional Parole
Good Time Parole

Traditional Parole

Eligibility

Any person convicted of a sex crime, second-conviction
violent crime, or as a habitual offender for a sex or
violent crime is automatically ineligible. Offenders
sentenced to life imprisonment may earn good time that
can be applied at such time as the offender’s sentence is
commuted to a specific number of years.

For the reduced percentages
associated with 1st and 2nd
nonviolent convictions the
individual must also not be
convicted of a sex crime or as a
habitual offender.

Release
Determinations

Good time parole is accrued and subtracted from the
sentence length. No parole hearings are required for
release.

An offender is deemed eligible for
parole at a certain percentage of the
sentence served. Release
determinations made through
parole hearings.

Type of
Conviction

Good Time Accrual
in State Prison

Good Time Accrual
in Parish Prison

Traditional Parole

1st Conviction Nonviolent

1.5 day for 1 day served

30 days for 30 days served

25% sentence served

2nd Conviction Nonviolent

1.5 day for 1 day served

30 days for 30 days served

33.3% sentence served

1st Conviction Violent

3 days for 17 days served

3 days for 17 days served

33.3% sentence served

2nd Conviction Violent

Not eligible

Not eligible

50% sentenced served

3rd Conviction

Not eligible

Not eligible

Not eligible

Source: Prepared by legislative auditor’s staff using information from Louisiana Revised Statute (R.S.) 15.571.3.

Potential Amount of Time Served for Good time and Traditional Parole Releases
for First-time Nonviolent Offenders
Based on Louisiana Statutes Effective as of the 2012 Legislative Session

Sentence
Length

State Facilities
Good Time Release
Good Time
with Maximum
Release
Program Credits

Local Facilities
Good Time Release
Good Time
with Maximum
Release
Program Credits

All Facilities
Traditional
Parole Release

3 years

1.2 years

9.5 months

1.5 years

1 year

9 months

5 years

2 years

1.6 years

2.5 years

2 years

1.25 years

10 years

4 years

3.6 years

5 years

4.6 years

2.5 years

Source: Prepared by legislative auditor’s staff using information from R.S. 15.571.3.

H.1

 

 

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