Justice Department Finds Louisiana Department of Public Safety and Corrections Routinely Confines People Past Release Dates Violating 14th Amendment Due Process Rights

Louisiana / Washington D.C – The Justice Department has found that the Louisiana Department of Public Safety and Corrections (LDOC) routinely confines people past their release dates, violating the Fourteenth Amendment due process rights and causing systemic overdetentions. 

The Justice Department announced on Wednesday, January 25, 2023, 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.

LDOC has been aware of its overcrowding problem for more than ten years, but has failed to take adequate measures to ensure the timely release of incarcerated individuals from its custody. Between January and April 2022, 26.8% of those released from LDOC custody were held beyond their release dates. 24% of those detained were held for at least 90 days, and the median number of days detained was 29. In just four months, LDOC had to pay parish jails an estimated $850,000 in fees for the days those individuals were incarcerated beyond their lawful sentences. This unconstitutional practice costs Louisiana more than $2.5 million per year at that rate.

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

“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.”

Under CRIPA, the Justice Department launched an investigation in December 2020 to address a pattern or practice of deprivation of legal rights of individuals confined in 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 [email protected].

Follow this link for more information about the Civil Rights Division and the Special Litigation Section.

Follow this link to report civil rights violations to the Civil Rights Division by completing a complaint form.