Louisiana
Incompetent to stand trial: A backlog of cases is straining Louisiana’s mental health system
The number of people in East Baton Rouge Parish who were ruled incompetent to stand trial more than doubled between 2020 and 2022, court records show, straining a mental health system that was already dealing with overcrowding.
In 2020, 35 defendants were ruled incompetent to stand trial in East Baton Rouge Parish, and 41 were ruled incompetent in 2021. In 2022, the number grew to 73.
Chief Judge Don Johnson blames COVID shutdowns for the increase.
“We closed the court around March 2020, and then of course we weren’t able to do some work for a while,” he said. “These individuals have to be evaluated by doctors and psychologists, who were also not able to work during that time. It’s problematic when we’re not able to get those individuals involved. It causes delays.”
As of April, 157 people were on the waitlist for a bed at the hospital. Many have languished in local jails while waiting for a place there, which has led to a federal lawsuit.
“This is something very important to the state and we need to do something about it to get them out of local jails,” said Commissioner of the Administration Jay Dardenne. “The state is under a lot of pressure from a lawsuit standpoint and federal justice department standpoint to find a place for those folks to land.”
To create more space and try to get patients out of jails, state officials have been pushing to open a new treatment facility in the Baton Rouge area. But Harmony Health Services, the organization contracted to open and run that facility, has faced fierce pushback from nearby residents concerned for their safety and property values — first in Baton Rouge, then in East Feliciana.
How competency hearings work
When someone is ruled incompetent to stand trial, it means they do not have the mental capacity to understand the charges against them or assist their lawyer in their defense.
“When you’re arrested there’s a presumption that you are competent, and it’s your burden as a defendant to show you lack competency,” Judge Johnson said.
Defendants could be suffering short- or long-term mental incapacity, or permanent mental illness.
“That’s the purpose of ordering a competency evaluation,” Johnson said.
During the evaluation, which is like a mental health assessment, psychiatrists and other experts provide evidence for a judge to evaluate.
“We engage in a very challenging process,” Johnson said. “The court has an obligation that if the defendant is exhibiting behavior that appears to be irrational, we’re required to act.”
Sometimes, based on observation, judges will themselves order a competency evaluation before a defendant or lawyer does so.
“We do that early on, so we don’t have to wait until it gets to court,” he said.
If the evaluation finds the defendant is incompetent, they are taken to a state-run facility to be treated until they are competent. They are often ordered to stay in the facility, depending on the nature and level of the offense.
Most of the time, Johnson said, the person is able to get treatment and medication and is later ruled competent to stand trial.
Hurricanes and pandemics: a pile-on crisis
The backlog in competency hearings is not the only factor driving the overcrowding in mental health facilities, some state leaders say. The pandemic could generally exacerbated mental health issues across Louisiana and the country.
“Over the past few years, COVID and hurricanes and storms and floods and the opioid crisis have caused major challenges,” said Louisiana Department of Health Office of Behavioral Health Medical Director James Hussey
Hurricane Laura, for example, hit rural areas in the middle of the pandemic.
“We had all of these refugees who just got spread across the state,” said Kevin Litten, press secretary at LDH. “A lot of people fleeing from hurricanes are poor people, and poor people are more likely to be in a mental health crisis.”
The Bridge Center for Hope, a taxpayer-funded crisis mental health center in Baton Rouge, said in its 2022 annual report that Hurricane Ida also contributed to mental health issues.
Overcrowding isn’t only an issue in Louisiana. In Colorado, around 450 people were ruled incompetent to stand trial, but are waiting in county jails for a bed in a facility that can provide inpatient psychiatric treatment, according to a Wall Street Journal analysis. In Texas, the number of jail inmates waiting for competency treatment is 2,466.
The analysis found that 34 out of 39 states that submitted data have longer wait lists than before the pandemic.
Judge Johnson said despite backlash from residents who don’t want mental health patients living near them, and despite the backlog of cases, competency evaluations are a critical part of the judicial system.
“If your family member is suffering with a mental illness and you do not believe that we’re aware of it, then come to assist your loved one and let us know. It has to be made known, and it has to be real of course. But if that is an issue, we want to know about it, because we’re not in the mindset of ignoring that issue.”
Louisiana
Louisiana prisons routinely hold inmates past their release date, Justice Department argues
Louisiana’s prison system routinely holds inmates for weeks or months after they were supposed to be released from custody following the completion of their sentences, the U.S. Justice Department said in a lawsuit filed Friday.
The lawsuit against the state comes after a multi-year investigation into a pattern of “systemic overdetention” that violates inmates’ rights and costs taxpayers millions of dollars per year.
Since at least 2012, more than a quarter of the inmates scheduled to be released from Louisiana prisons have been held past their release dates, according to the DOJ.
LOUISIANA LAWMAKERS WEIGHING CONSTITUTIONAL AMENDMENT THAT WOULD SEND MORE JUVENILE OFFENDERS TO ADULT JAILS
The Justice Department warned Louisiana officials last year that it may file a lawsuit against the state if it failed to fix the problems. Lawyers for the department argue that the state made “marginal efforts” to address the issues, noting that such attempts at a fix were “inadequate” and showed a “deliberate indifference” to the constitutional rights of inmates.
“[T]he right to individual liberty includes the right to be released from incarceration on time after the term set by the court has ended,” Assistant Attorney General Kristen Clarke said in a statement.
“To incarcerate people indefinitely … not only intrudes on individual liberty, but also erodes public confidence in the fair and just application of our laws,” the statement added.
Louisiana Gov. Jeff Landry and state Attorney General Liz Murrill, both Republicans, attributed the problem to the “failed criminal justice reforms” pushed by “the past administration.”
“This past year, we have taken significant action to keep Louisianans safe and ensure those who commit the crime, also do the time,” Landry and Murrill said in a joint statement to The Associated Press. “The State of Louisiana is committed to preserving the constitutional rights of Louisiana citizens.”
BIDEN CONSIDERS COMMUTING THE SENTENCES OF FEDERAL DEATH ROW INMATES: REPORT
The two state officials also purported that the lawsuit is a last-ditch effort by President Biden, who leaves office next month, arguing that President-elect Trump’s incoming administration would not have pursued the case.
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Advocates have repeatedly challenged the conditions in Louisiana’s prison system, which includes Angola, the largest maximum-security prison in the nation, where inmates pick vegetables by hand on an 18,000-acre lot. The site was once the Angola Plantations, a slave plantation owned by Isaac Franklin and named after Angola, the country of origin for many of the enslaved people who worked there.
The Associated Press contributed to this report.
Louisiana
Army Black Knights Predicted to Beat Louisiana Tech in Independence Bowl
The Army West Point Black Knights came up short in their last game, as they lost their annual rivalry matchup against the Navy Midshipmen 31-13 to lose the Commander-in-Chief’s Trophy.
But, their season is not yet over, as they will have a chance to finish things on a high note in the Independence Bowl against a new opponent; the Louisiana Tech Bulldogs.
Originally, the Black Knights were supposed to face off against the Marshall Thundering Herd, but a change had to be made after they experienced a mass exodus of players entering the transfer portal following a coaching change.
Based on records, the quality of the opponent would seem to have dropped off considerably. Marshall had 10 victories, while Louisiana Tech had only five.
But, Adam Rittenberg of ESPN still believes that this will be a competitive game in Shreveport, La. in the Bulldogs’ backyard. Louisiana Tech is in Ruston, La., 70 miles away from Shreveport.
He predicted that Army will sneak away with a 23-16 victory.
“he Bulldogs have half the number of wins as the Thundering Herd, but their defense can be very stingy at times, and will need to perform against Bryson Daily and the Black Knights. … Army is undoubtedly still smarting from the Navy loss, and top running back Kanye Udoh entered the portal. Louisiana Tech jumps ahead early behind quarterback Evan Bullock, but Army eventually takes control and grinds out a low-scoring win, its 12th on the season.”
Rittenberg pointed out that several of LA Tech’s defensive linemen have entered the transfer portal. Udoh just announced his transfer to Arizona State.
This has already been one of the best seasons in program history, as they reached the 11-win mark only one other time in 2018. But, an argument can be made this is their best season since it won its last national championship because it was not independent.
The Black Knights were a member of the American Athletic Conference, the first time since 1998-2004 that they weren’t independent as a member of Conference USA. They found a ton of success, going 8-0 in the regular season before defeating the Tulane Green Wave in the AAC Championship Game in West Point, New York.
Army has shown an ability to grind out wins, playing a physical style of football on both sides of the ball. Daily is the leader offensively, producing with his arm and legs at a high level.
He threw for 942 yards with nine touchdowns and only four interceptions, three of which came in the matchup against Navy. On the ground, he led the AAC with 283 carries, 1,532 yards and 29 scores.
His 29 rushing touchdowns were the most in the country, as he won the 2024 AAC Player of the Year Award.
The Black Knights would love to see Daily provide one more memorable performance to help the team reach the 12-win mark for the first time in program history.
Louisiana
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