Should it be easier to send teens to adult prison? Louisiana voters will decide. • Louisiana Illuminator

Louisiana voters will decide whether to make it easier to send younger teenagers to adult prisons in a constitutional proposal next spring.

The Louisiana Legislature approved Senate Bill 2 Friday with a 70-25 vote in the House of Representatives and 28-10 vote in the Senate. The measure will be on the March 29 ballot that will also feature a major rewrite of state financial policy. 

It would remove constitutional limits on crimes that can get people under age 17 sentenced as adults. Legislators would then have to enact new laws outlining how courts could send those minors to adult facilities. 

Republican Gov. Jeff Landry backed the proposal and sat in the Louisiana House of Representatives as legislators debated and voted for the bill Friday. Still, it barely made it through the legislative process. The proposal only received 70 votes in the House, the exact number it needed to advance to voters. 

Ahead of the narrow victory, Republican leaders appeared anxious to get through the House vote quickly and moved to cut off debate and questioning early. House Speaker Phillip DeVillier, R-Eunice, also told Rep. Denise Marcelle, D-Baton Rouge, she had missed a deadline to amend the legislation and refused to let her bring up her proposed change for debate or a vote. 

One of the sponsors of the legislation, Rep. Debbie Villio, R-Kenner, also made a last-minute change to the bill to limit the offenses for which youth could be moved to adult prisons to just felonies, in part to address reservations lawmakers had about moving more young people into adult facilities. Prior to that change, the amendment would have allowed the Legislature to draft new laws to move minors to adult prisons for “any crime.” 

Fifteen- and 16-year-olds, and in more restricted circumstances 14-year-olds, already face adult prison sentences for limited crimes without the constitutional amendment. Those offenses 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.

Youth advocates have said the broadening of that list to new offenses would do lasting harm to young teens caught up in the criminal justice system.

Supporters of the constitutional amendment, which include the Louisiana District Attorneys Association and Louisiana Sheriffs’ Association, have said prosecutors need a larger list of crimes in order to hold younger teens accountable.

Villio and Sen. Heather Cloud, R-Turkey Creek, the sponsors of the legislation, mentioned a few crimes they think should be added to the list.

Cloud said she would like to make the law applicable to carjacking, drive-by shootings and human trafficking. Villio said she was interested in adding fentanyl offenses. 

Attorneys who represent youth in criminal matters said many of those offenses can be used to transfer teenagers to adult prison under current law. 

They also questioned why human trafficking was being brought up as a concern because prosecutors rarely charge adults with that crime. Any teens accused of the offense are also likely being trafficked themselves, advocates said. 

In an interview Friday, Villio said her intention is to get more crimes that “involve serious bodily injury” added to the list. Youth in the juvenile justice system who attack security guards and other workers at those facilities should receive harsher punishment, she added.

Villio’s proposal comes on the heels of another law that greatly expands the transfer of teens to adult facilities. Earlier this year, Landry and lawmakers passed legislation that treats all 17-year-olds as adults in the criminal justice system. The measure took away discretion from district attorneys to put accused 17-year-olds through the juvenile justice system instead of adult courts.