Sen. Heather Cloud, R-Turkey Creek, is proposing a constitutional amendment that could lead to more minors being sentenced to adult prisons. (Greg LaRose/Louisiana Illuminator)
The Louisiana Senate approved a measure Thursday that could lead to more underage teenagers being sentenced to adult prisons.
The senators voted 28-9 in favor of a state constitutional amendment to lift limitations on the types of crimes for which people under age 17 could be sentenced as if they are adults. The measure will next be considered by the Louisiana House and also needs voter approval on a statewide ballot before it can become law.
If it passes, Senate Bill 2 would allow legislators to craft new laws that expand the court’s ability to send minors – including 15- and 16- and possibly 14-year-olds – to adult prisons. Children advocates have opposed the proposal and believe it will further erode protections for troubled youth caught up in the criminal justice system.
The legislation also comes on the heels of a new law approved earlier this year that treats all 17-year-olds as adults in the criminal justice system. It took away discretion from district attorneys to put 17-year-olds through the juvenile justice system instead of adult courts.
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In Louisiana, 15-,16- and, in more restricted circumstances, 14-year-olds, can already face adult prison sentences for a limited list of mostly violent crimes. They include murder, attempted murder, manslaughter, rape, armed robbery, kidnapping, aggravated battery, a second or subsequent burglary of an inhabited dwelling and a second or subsequent violation of some drug crimes.
The constitutional amendment, proposed by Sen. Heather Cloud, R-Turkey Creek, would replace that list of crimes with language allowing a minor to be charged as an adult for “any crime” as long as lawmakers pass new laws to do so.
Cloud repeatedly refused to say on the Senate floor Thursday what additional crimes, other than human trafficking, she might look to send children to adult prisons for committing other than those already listed.
“Is this an attempt to charge younger children as adults for less serious offenses?” Sen. Regina Barrow, D-Baton Rouge, asked Cloud.
“Those conversations would happen after the fact [of the constitutional amendment passing] if the people give us the authority,” Cloud responded.
This is a developing story. Please check back with us for more details.
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