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Committee backs clemency pathway for crime survivors but critics warn pre‑sentence-investigation mandate could cause harm
Summary
SB 523 would create a pathway to pardons and commutations for defendants who were victims of domestic abuse, trafficking or sexual assault; advocates supported the concept but several witnesses and provider groups opposed a mandatory presentence-investigation requirement and urged broader sentencing reform.
The Criminal Justice Committee voted to report SB 523 favorably after debate over language that would expand pardon and commutation eligibility for people convicted of crimes who were victims of domestic abuse, human trafficking or sexual assault.
Sen. Meisel (handling the measure) said the bill recognizes victimization that preceded criminal conduct and creates a statutory pathway for clemency in cases not involving terrorism or registration as a sex offender. The committee adopted amendments narrowing the list of ineligible offenses.
Survivor-advocacy groups said they supported clemency but opposed a statutory requirement that a pre‑sentence investigation (PSI) be performed in every eligible case. “PSIs are often conducted by probation and parole officers who are not trained to assess trafficking or intimate‑partner violence,” Mariah Wineske of the Louisiana Coalition Against Domestic Violence told the committee. Witnesses and service providers said automatic PSIs risk inserting the abuser’s perspective into the record, interviewing the abuser’s family in ways that could bias a judge’s view, and could be inaccessible to defense counsel.
Carlotta Leppingwell of Tulane’s Criminal Justice Clinic said the bill “does virtually nothing to help survivors in our system” without broader sentencing reforms and urged removal of the PSI mandate. Francis Abbott, executive director of the state Board of Pardons and Parole, said the board is willing to consider these applications but noted that commutations must flow through the board and to the governor.
Senators and representatives said they expected further negotiation on the floor, and several advocates who currently opposed the bill said they might support a version without the PSI requirement. The committee reported SB 523 favorably as amended and urged continued work between stakeholders.
SB 523 will proceed to the full chamber, where sponsors said they will work to refine the PSI language and other technical points.
