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Justice Department Finds Louisiana Department of Public Safety and Corrections Violates  the Constitution By Incarcerating People Beyond Their Release Dates

Department of Justice sign, Washington DC, USA. Many law enforcement agencies are administered by the DOJ, including the FBI, DEA and Federal Bureau of Prisons

WASHINGTON – The Justice Department announced today that it has concluded there is  reasonable cause to believe that the Louisiana Department of Public Safety and Corrections  (LDOC) routinely confines people in its custody past the dates when they are legally entitled to  be released from custody, in violation of the Fourteenth Amendment.  

Specifically, the department concluded that: 1) LDOC denies individuals’ due process rights to  timely release from incarceration; 2) LDOC’s failure to implement adequate policies and  procedures causes systemic overdetentions; and 3) LDOC is deliberately indifferent to the  systemic overdetention of people in its custody. For more than 10 years, LDOC has been on  notice of its overdetention problem and has failed to take adequate measures to ensure timely  releases of incarcerated individuals from its custody. Between January and April 2022 alone,  26.8% of the people released from LDOC’s custody were held past their release dates. Of those  overdetained people, 24% were held over for at least 90 days, and the median number of days  overdetained was 29. In just this four-month period, LDOC had to pay parish jails an estimated  $850,000, at a minimum, in fees for the days those individuals were incarcerated beyond their  lawful sentences. At that rate, this unconstitutional practice costs Louisiana over $2.5 million a  year.  

As required by the Civil Rights of Institutionalized Persons Act (CRIPA), the department  provided LDOC with written notice of the supporting facts for these findings and the minimum  remedial measures necessary to address them. 

“The Constitution guarantees that people incarcerated in jails and prisons may not be detained  beyond their release dates, and it is the fundamental duty of the State to ensure that all people in  its custody are released on time,” said Assistant Attorney General Kristen Clarke of the Justice  Department’s Civil Rights Division. “Our investigation uncovered evidence of systemic  violations by the Louisiana Department of Public Safety and Corrections that have resulted in the  routine confinement of people far beyond the dates when they are legally entitled to be released.  We are committed to taking action that will ensure that the civil rights of people held in  Louisiana’s jails and prisons are protected. We stand ready to work with state officials to  institute long overdue reforms.” 

“Persons are legally incarcerated every day in America and are ordered by the court to serve  certain sentences primarily for punishment, deterrence and rehabilitation purposes,” said U.S. 

Attorney Brandon B. Brown for the Western District of Louisiana. “This ultimately benefits the  individual, society and the criminal justice system. There is an obligation both to incarcerated  persons and the taxpayers not to keep someone incarcerated for longer than they should be. This  can be costly from a physical and mental standpoint for the incarcerated individual and a waste  of money for the taxpayer. Timely release is not only a legal obligation, but arguably of equal  importance, a moral obligation. We look forward to working with the Louisiana Department of  Corrections to ensure that it has the policy and tools going forward to prevent overdetention from  reoccurring.” 

“It is the job of the U.S. Department of Justice to protect the constitutional rights of every  person, including individuals who are incarcerated,” said U.S. Attorney Ronald C. Gathe Jr. for  the Middle District of Louisiana. “While all government agencies operate under constraints, that  is no excuse for violating the rights of people who have served their sentences and are ready to  start their lives anew. Federal law requires equal justice for all. My office is committed to  enforcing that mandate.” 

“Today’s findings demonstrate the Department of Justice’s commitment to hold accountable  institutions entrusted to protect the rights of all citizens, including people within the Louisiana  Department of Corrections,” said U.S. Attorney Duane Evans for the Eastern District of  Louisiana. “Lawfully convicted people should not serve a day beyond their official designated  release dates. Louisiana is wasting money on incarcerating people beyond their release dates and  incurring legal expenses in defending lawsuits filed by the overdetained. We look forward to  working with all affected parties to correct this problem.” 

The Justice Department initiated the investigation in December 2020 under CRIPA, which  authorizes the Department to take action to address a pattern or practice of deprivation of legal rights of individuals confined to state or local government-run correctional facilities. 

Individuals with relevant information are encouraged to contact the Justice Department by phone  at 1-833-492-0097, or by email at community.louisianadoc@usdoj.gov. 

For more information about the Civil Rights Division and the Special Litigation Section, please  visit: https://www.justice.gov/crt/special-litigation-section. You can also report civil rights  violations to the Civil Rights Division by completing a complaint form available at:  https://civilrights.justice.gov/. 

Additional information about the Eastern, Middle, and Western U.S. Attorneys Offices is  available at: https://www.justice.gov/usao-edla , https://www.justice.gov/usao-mdla , and  https://www.justice.gov/usao-wdla.