Sentencing

Mandatory Minimum Sentencesin Louisiana

Grade:
Score: 55/100

State Summary

Louisiana imposes mandatory minimums for drug offenses, although recent reforms have significantly reduced sentence lengths for many nonviolent offenses. Louisiana’s harshest mandatory minimum is its habitual enhancement, and recent reforms also reduced minimum habitual sentences and created a judicial safety valve. Further, the state’s lack of a felony classification system has exacerbated unequal justice in the state. This results in identical offenses punished in vastly different ways depending on the jurisdiction, creating large disparities in sentencing for the same crimes. Louisiana could improve these policies by eliminating habitual enhancements in most cases, removing mandatory minimums for drug offenses, and adopting a felony classification system that better standardizes sentencing throughout the state.

Details

Group_21 (3)

Mandatory Minimum Drug Sentencing

Louisiana state law establishes mandatory minimum sentences of at least one year for most nonviolent drug offenses. In 2022, the state imposed a new mandatory minimum sentence of five years for dispensing a controlled substance which resulted in injury. Aside from contributing to longer prison sentences, these policies are not shown to be effective at reducing overdoses and can result in increased harm.

30/50 points

Group_21 (4)

Three Strikes Laws

While Louisiana’s habitual enhancement still serves as a mandatory minimum sentence, recent reforms have limited its severity, eliminating the possibility of a life sentence for nonviolent offenses, reducing mandatory sentences for most second and third offenses, and shortening the “cleansing period” for offenses.

20/30 points

Group_21 (5)

Judicial Flexibility

Louisiana judges have flexibility to disregard minimums for first-time offenses and habitual sentences if they would impose a cruel or unusual sentence. However, the lack of a felony classification system results in disparate outcomes between jurisdictions. This policy could be improved by adopting a felony classification system that standardizes lower sentencing thresholds for first-time offenses and drug offenses.

10/20 points

Sources

LA Rev Stat § 40:966

Louisiana’s 2017 Criminal Justice Reforms, Pew Charitable Trusts, https://www.pewtrusts.org/en/research-and-analysis/issue-briefs/2018/03/louisianas-2017-criminal-justice-reforms

Louisiana’s 2017 Criminal Justice Reforms, Pew Charitable Trusts, https://www.pewtrusts.org/en/research-and-analysis/issue-briefs/2018/03/louisianas-2017-criminal-justice-reforms

Drug Induced Homicide Report, Drug Policy Alliance, https://drugpolicy.org/sites/default/files/dpa_drug_induced_homicide_report_0.pdf#page=41