Change IV Real

Helping those offenders who deserve a second chance....

Dear Representative

As we all should know, there are many offenders serving very lengthy sentences in the Louisiana State Prisons. But, did you know that many of those offenders have truly been rehabilitated, and if they were released today, they would not commit another crime? My mission is to enact a law that will give offenders who have served at least ten years or more in prison, including those serving a life sentence, the opportunity to go before the sentencing judge for an amendment of their sentence if they can prove that they deserve this second chance. The criteria will be stringent but there are some who would qualify in every state prison facility in Louisiana. When an interested party asked me this question:

"What would be the criteria of proof that the individual will not continue in violent acts?"

I answered as follows:

Of course, there is no absolute proof but there are signs throughout the years of incarceration that point to rehabilitation. These signs are noted in the following manner:

1. Lack of disciplinary reports over most recent 10 years.
2. Involvement in higher education
3. Involvement in counseling other inmates and urging/teaching them better ways in which to channel their energy
4. Involvement in programs that interact with prison administrative staff
5. Overall demeanor/attitude/level of respect throughout each day of the incarceration

Russ, many of the inmates who have committed violent and/or other offenses that resulted in lengthy sentences, have taken it upon themselves to utilize that incarceration to grow within themselves. I personally know several inmates who, if released today, I would confidently state that they would never commit another crime in the remainder of their entire life. You see, after having served over 10 years, you will either be a better person and have learned your lesson....or you won't! That's the bottom line. Yes, there are many who will never deserve that second chance because they have yet to figure it out. But there are those who do deserve it and are unable to obtain that second chance due the laws in Louisiana that do not permit a sentence to be changed once it has begun and all collateral review exhausted within the court.

This creates a problem since it takes longer than the length of time to fight the conviction/sentence for an offender to really make that change within himself.

I personally believe that most offenders do not get long enough sentences. Those are the repeat offenders who keep going back and forth to prison. They are the ones who are creating the high recidivism percentage in our state and they harm everyone else in the process.

It will require a closer examination of each individual to ascertain whether or not rehabilitation has occurred, but it can be done through prison records, phone calls to prison staff and documentation of accolades throughout the length of incarceration. Judges should have the discretion to view the offender's progress from the beginning of the incarceration to the present request for amendment to reduce sentence.

This is the same criteria that should be addressed during the parole and/or pardon process. But it rarely is used. Instead, everyone is focusing on the crime itself...nothing else!

I will go one step further because I believe it is so important. There are many incarcerated women who have life sentences for killing their husband/boyfriend. Many of these women were convicted during a time when there was no "battered womens syndrome" defense. Now, however, that defense is widely used, and appropriately so. Also, you may or may not know that in the State of Louisiana, if you are in the vicinity, or just happen to be in the "wrong place at the wrong time", you will be charged with the same offense as the person who did the crime and also sentenced as if you did the crime too. This is so important and it's what a group of us from LCIW made very clear to young elementary students on our trips to speak. We were trying to impress upon them the importance of making the correct choices, whether it be the choice of a friend, or whom to get into a car with, or even to walk to the store with. Most of us do these things without thinking, but I can tell you from experience that those of us who did a lot of time in prison, never stop thinking about it.

I would also like to point out that offenders make excellent employees since they have been so disciplined during their incarceration. They will be prompt, hard-working and try harder than any other employee, as they have so much more to prove...not only to their employer but to themselves as well.

Now, I would like to add to that the fact that over the past 28 years, there were 28 "lifers" from the Louisiana Correctional Institute for Women who had their sentences communited to years and were ultimately released. Out of those 28 women, 26 of them were violent offenders and 2 were drug offenders. Out of those 28 women, 26 never committed another crime but 2 were returned to prison for new charges. It may surprise you to know that the 2 who returned were the drug offenders, NOT the violent offenders.

For more information on this subject, please go to www.changeivreal.com

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