Some Prisoners Remain Behind Bars in Louisiana Despite Being Deemed Free

The New York Times, December 11, 2022: Some Prisoners Remain Behind Bars in Louisiana Despite Being Deemed Free

“The judge told Johnny Traweek he had served his time, seven months, for hitting someone with a saucepan in a drunken fight, then suggested he could be released from the Orleans Parish prison by midnight.

“Mr. Traweek began giving away his jailhouse comforts — a blanket, two orange sweatshirts, ramen, soda. Then he waited out the final hours of May 2, 2018, his last legal day behind bars.

“Midnight came, midnight went. Around 4 a.m., Mr. Traweek was lying in bed, eyes open, when the staff summoned inmates for predawn breakfast. He would repeat that routine, including the sleepless nights, 19 more days because the Louisiana Department of Public Safety and Corrections did not process his paperwork in a timely manner.

“‘It’s a bad, bad feeling,’ said Mr. Traweek, now 70. ‘Every day, I’m getting up and thinking I’m going to get out. And it doesn’t happen. I knew I wasn’t in there for any charge, and still I have to sit there.’

“Mr. Traweek’s case was neither atypical nor the worst of its kind: Roughly 200 inmates are held beyond their legal release dates on any given month in Louisiana, amounting to 2,000 to 2,500 of the 12,000 to 16,000 prisoners freed each year. The average length of additional time was around 44 days in 2019, according to internal state corrections data obtained by lawyers for inmates — and until recently, the department’s public hotline warned families that the wait could be as long as 90 days.

“In most other states and cities, prisoners and parolees marked for immediate release are typically processed within hours — not days — although those times can vary, particularly if officials must make arrangements required to release registered sex offenders. But in Louisiana, the problem known as ‘overdetention’ is endemic, often occurring without explanation, apology or compensation — an overlooked crisis in a state that imprisons a higher percentage of its residents than any other in most years.”

Additional reading:

The Promise of Justice Initiative

Nola.com, February 10, 2022: Former inmate can't hold state corrections official liable for 'overdetention,' appeals court says

The Marshall Project: Overdetention