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Regular Session, 2010
HOUSE BILL NO. 255
BY REPRESENTATIVES WOOTON AND MILLS AND SENATOR MARTINY
PAROLE: Provides for technical revision of parole statutes
AN ACT1
To amend and reenact R.S. 15:574.4 and to enact R.S. 15:574.4.1 through 574.4.3, relative2
to parole; to provide for technical changes to the parole statutes; to direct the3
Louisiana State Law Institute to redesignate the provisions of R.S. 15:574.4.1 and4
574.4.2 as R.S. 15:574.4 and 574.4.5; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 15:574.4 is hereby amended and reenacted and R.S. 15:574.4.17
through 574.4.3 are hereby enacted to read as follows: 8
§574.4. Parole; eligibility; consideration and hearings; decisions of board; nature,9
order, and conditions; rules of conduct; offenders convicted of crimes of10
violence; infectious disease testing11
A.(1) Except as provided for in Subsection B of this Section, a person,12
otherwise eligible for parole, convicted of a first felony offense shall be eligible for13
parole consideration upon serving one-third of the sentence imposed.; upon Upon14
conviction of a second felony offense, such person shall be eligible for parole15
consideration upon serving one-half of the sentence imposed. A person convicted16
of a third or subsequent felony offense shall not be eligible for parole.17
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection or any18
other law to the contrary, unless eligible for parole at an earlier date, a person19
committed to the Department of Public Safety and Corrections for a term or terms20 HLS 10RS-681 ENGROSSED
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of imprisonment with or without benefit of parole for thirty years or more shall be1
eligible for parole consideration upon serving at least twenty years of the term or2
terms of imprisonment in actual custody and upon reaching the age of forty-five.3
This provision shall not apply to a person serving a life sentence unless the sentence4
has been commuted to a fixed term of years. The provisions of this Paragraph shall5
not apply to any person who has been convicted under the provisions of R.S. 14:64.6
(3) Notwithstanding the provisions of Paragraph (A)(1) or (2) of this Section7
or any other provision of law to the contrary, unless eligible for parole at an earlier8
date, a person committed to the Department of Public Safety and Corrections serving9
a life sentence for the production, manufacturing, distribution, or dispensing or10
possessing with intent to produce, manufacture, or distribute heroin shall be eligible11
for parole consideration upon serving at least fifteen years of imprisonment in actual12
custody.13
B. No person shall be eligible for parole consideration who has been14
convicted of armed robbery and denied parole eligibility under the provisions of R.S.15
14:64. No prisoner serving a life sentence shall be eligible for parole consideration16
until his life sentence has been commuted to a fixed term of years. No prisoner17
sentenced as a serial sexual offender shall be eligible for parole. No prisoner may18
be paroled while there is pending against him any indictment or information for any19
crime suspected of having been committed by him while a prisoner. Notwithstanding20
any other provisions of law to the contrary, a person convicted of a crime of violence21
and not otherwise ineligible for parole shall serve at least eighty-five percent of the22
sentence imposed, before being eligible for parole. The victim or victim's family23
shall be notified whenever the offender is to be released provided that the victim or24
victim's family has completed a Louisiana victim notice and registration form as25
provided in R.S. 46:1841 et seq., or has otherwise provided contact information and26
has indicated to the Department of Public Safety and Corrections, Crime Victims27
Services Bureau, that they desire such notification.28 HLS 10RS-681 ENGROSSED
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C.(1) At such intervals as it determines, the board or a member thereof shall1
consider all pertinent information with respect to each prisoner eligible for parole,2
including the nature and circumstances of the prisoner's offense, his prison records,3
the presentence investigation report, any recommendations of the chief probation and4
parole officer, and any information and reports of data supplied by the staff. A5
parole hearing shall be held if, after such consideration, the board determines that a6
parole hearing is appropriate or if such hearing is requested in writing by its staff.7
(2)(a) In cases where the offender has been convicted of, or where8
adjudication has been deferred or withheld for the perpetration or attempted9
perpetration of a violation of a sex offense as defined in R.S. 15:541 and parole is10
permitted by law and the offender is otherwise eligible, the board shall consider11
reports, assessments, and clinical information, as available, including any testing and12
recommendations by mental health professionals, as to all of the following:13
(i) Whether the offender has successfully completed the sex offender14
program.15
(ii) Whether, in the expert's opinion, there is a likelihood that the offender16
will or will not repeat the criminal conduct and that the offender will or will not be17
a danger to society.18
(b) The board shall render its decision ordering or denying the release of the19
prisoner on parole only after considering this clinical evidence where such clinical20
evidence is available.21
§574.4.1. Parole consideration and hearings22
D. A.(1) The parole hearings shall be conducted in a formal manner in23
accordance with the rules formulated by the board and with the provisions of this24
Part. Before the parole of any prisoner is ordered, such prisoner shall appear before25
and be interviewed by the board, except those incarcerated in parish prisons or parish26
correctional centers, in which case one board member may conduct the interview.27
The board may order a reconsideration of the case or a rehearing at any time.28 HLS 10RS-681 ENGROSSED
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(2) The crime victim or the victim's family, a victim advocacy group, and the1
district attorney or his representatives, may appear before the Board of Parole by2
means of telephone communication from the office of the local district attorney.3
E. B. The board shall render its decision ordering or denying the release of4
the prisoner on parole within thirty days after the hearing. A parole shall be ordered5
only for the best interest of society, not as an award of clemency, and upon6
determination by the board that there is reasonable probability that the prisoner is7
able and willing to fulfill the obligations of a law-abiding citizen so that he can be8
released without detriment to the community or to himself.9
F. C. All paroles shall issue upon order of the board and each order of parole10
shall recite the conditions thereof; provided, however, that before any prisoner is11
released on parole he shall be provided with a certificate of parole that enumerates12
the conditions of parole. These conditions shall be explained to the prisoner and the13
prisoner shall agree in writing to such conditions.14
G. D. The release date of the prisoner shall be fixed by the board, but such15
date shall not be later than six months after the parole hearing or the most recent16
reconsideration of the prisoner's case.17
§574.4.2. Decisions of Board of Parole; nature, order, and conditions of parole;18
rules of conduct; infectious disease testing19
H. A.(1) The Board of Parole may make rules for the conduct of persons20
heretofore or hereafter granted parole. When a prisoner is released on parole, the21
board shall require as a condition of his parole that he refrain from engaging in22
criminal conduct.23
(2) In cases where the offender has been convicted of or where adjudication24
has been deferred or withheld for the perpetration or attempted perpetration of a25
violation of a sex offense as defined in R.S. 15:541, including criminal sexual26
offenders under the supervision and legal authority of the Department of Public27
Safety and Corrections pursuant to the terms and conditions of the interstate compact28
agreement provided for in R.S. 15:574.14, and parole is permitted by law and the29 HLS 10RS-681 ENGROSSED
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offender is otherwise eligible, and when the board releases an offender on parole, the1
board shall order the offender to register as a sex offender and provide notification2
in accordance with the provisions of R.S. 15:540 et seq.3
(3) The board shall mail notice within three days after it makes a decision4
to release a sexual offender, as enumerated and pursuant to the circumstances in5
Paragraph (2) of this Subsection, on parole. The notice shall contain the address6
where the defendant will reside, a statement that the offender will be released on7
parole, and the date he will be released and shall be mailed to the victim or the8
victim's parent or guardian if the victim or a relative was not present at the parole9
hearing of the offender, and the notice shall be sent to their last known address by10
registered or certified letter, unless the victim or relative has signed a written waiver11
of notification.12
(4) (2) The board may also require, either at the time of his release on parole13
or at any time while he remains on parole, that he conform to any of the following14
conditions of parole which are appropriate to the circumstances of the particular15
case:16
(a) Report immediately to the division of probation and parole office,17
Department of Public Safety and Corrections, which is listed on the face of the18
certificate of parole.19
(b) Remain within the limits fixed by the certificate of parole. If he has good20
cause to leave these limits, he will obtain written permission from the parole officer21
and the approval of the division of probation and parole before doing so.22
(c) Between the first and fifth days of each month, until his final release, and23
also on the final day of his parole, make a full and truthful written report upon the24
form provided for that purpose and that he will take or mail his report to his parole25
officer. He will report to the probation and parole officer when directed to do so.26
(d) Avoid injurious or vicious habits and places of disreputable or harmful27
character.28 HLS 10RS-681 ENGROSSED
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(e) Will not associate with persons known to be engaged in criminal1
activities or with persons known to have been convicted of a felony, without written2
permission of his parole officer.3
(f) In all respects conduct himself honorably, work diligently at a lawful4
occupation, and support his dependents, if any, to the best of his ability.5
(g) Promptly and truthfully answer all inquiries directed to him by the6
probation and parole officer.7
(h) Live and remain at liberty and refrain from engaging in any type of8
criminal conduct.9
(i) Live and work at the places stated in his parole plan and not change10
residence or employment until after he has permission to do so from his parole11
officer.12
(j) Shall not have in his possession or control any firearms or dangerous13
weapons.14
(k) Submit himself to available medical, psychiatric, mental health, or15
substance abuse examination or treatment or both when deemed appropriate and16
ordered to do so by the probation and parole officer.17
(l) Waive extradition to the state of Louisiana from any jurisdiction in or18
outside the United States where he may be found and also agree that he will not19
contest any effort by any jurisdiction to return him to the state of Louisiana.20
(m) Will be subject to visits by his parole officer at his home or place of21
employment without prior notice.22
(n) Such other specific conditions as are appropriate, stated directly and23
without ambiguity so as to be understandable to a reasonable man.24
(o) Defray the cost, or any portion thereof, of his parole supervision by25
making payments to the Board of Parole in a sum and manner determined by the26
board, based upon his ability to pay.27 HLS 10RS-681 ENGROSSED
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(p) Perform at least one hundred hours of unpaid community service work1
during the period of parole supervision and, if unemployed, perform additional hours2
as instructed by his supervising officers.3
(q) Devote himself to an approved reading program at his cost if he is unable4
to read the English language.5
(r)(i) Agree to searches of his person, his property, his place of residence, his6
vehicle, or his personal effects, or any or all of them, at any time, by the probation7
officer or the parole officer assigned to him, with or without a warrant of arrest or8
with or without a search warrant, when the probation officer or the parole officer has9
reasonable suspicion to believe that the person who is on parole is engaged in or has10
been engaged in criminal activity since his release on parole.11
(ii) For those persons who have been convicted of a "sex offense" as defined12
in R.S. 15:541, agree to searches of his person, his property, his place of residence,13
his vehicle, or his personal effects, or any or all of them, at any time, by a law14
enforcement officer, duly commissioned in the parish or municipality where the sex15
offender resides or is domiciled, designated by his agency to supervise sex offenders,16
with or without a warrant of arrest or with or without a search warrant, when the17
officer has reasonable suspicion to believe that the person who is on parole is18
engaged in or has been engaged in criminal activity for which the person has not19
been charged or arrested while on parole.20
(5) (3) No offender, who is the parent, stepparent, or has legal custody and21
physical custody of the child who is the victim, shall be released on parole unless the22
victim has received psychological counseling prior to the offender's release if the23
offender is returning to the residence or community in which the child resides. Such24
psychological counseling shall include an attempt by the health care provider to ease25
the psychological impact upon the child of the notice required under Paragraph (2)26
of this Subsection, including assisting the child in coping with potential insensitive27
comments and actions by the child's neighbors and peers. The cost of such28
counseling shall be paid by the offender.29 HLS 10RS-681 ENGROSSED
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I. B. At the time these written conditions are given, the board shall notify the1
parolee that:2
(1) If he is arrested while on parole, the board has the authority to place a3
detainer against him which will in effect prevent him from making bail pending any4
new charges against him; and5
(2) Should his parole be revoked for any reason, good time earned prior to6
parole and good time that would have been earned if parole had not been granted will7
be forfeited, as required by R.S. 15:571.4.8
J. C.(1) When a victim of the crime for which parole is being considered has9
suffered a direct pecuniary loss other than damage to or loss of property, the parole10
board may impose as a condition of parole that restitutions to the victim be made.11
When such a condition is imposed, the board shall take into account the defendant's12
ability to pay and shall not revoke parole based upon this condition unless the13
parolee has willfully failed to comply. When the victim's loss consists of damage to14
or loss of property, the board shall impose as a condition of parole payment of15
restitution, either in a lump sum or in monthly installments based on the earning16
capacity and assets of the defendant. If the victim was paid for such property loss17
or damage with monies from the Crime Victims Reparations Fund, the board shall18
order the parolee to make such payments as reimbursement to the fund in the same19
amount as was paid from the fund to the victim. This condition of parole shall20
continue until such time as the restitution is paid or the parolee is discharged from21
parole in accordance with R.S. 15:574.6.22
(2) Nothing herein shall affect a victim's civil remedy except that funds23
actually received shall be credited to any civil judgment arising out of the same24
offense.25
K. D. If the prisoner has not paid and is liable for any costs of court or costs26
of the prosecution or proceeding in which he was convicted or any fine imposed as27
a part of his sentence, the board of parole shall require as a condition of parole the28 HLS 10RS-681 ENGROSSED
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payment of such costs or fine, either in a lump sum or according to a schedule of1
payments established by the board and based upon the prisoner's ability to pay.2
M. E. Before the Board of Parole places a person on parole, the board shall3
determine if he has a high school degree or its equivalent and, if he does not, the4
board shall condition parole upon the parolee's enrolling in and attending an adult5
education or reading program until he obtains a GED, or until he completes such6
educational programs required by the board, and has attained a sixth grade reading7
level, or until his term of parole expires, whichever occurs first. All costs shall be8
paid by the parolee. If the board finds that there are no adult education or reading9
programs in the parish in which the parolee is domiciled, the parolee is unable to10
afford such a program, or attendance would create an undue hardship on the parolee,11
the board may suspend this condition of parole. The provisions of this Subsection12
shall not apply to those parolees who are mentally, physically, or by reason of age,13
infirmity, dyslexia, or other such learning disorders, unable to participate.14
N. F. The collection of the supervision fee imposed pursuant to Paragraph15
(H)(15) of this Section shall be suspended upon the transfer of an offender to another16
state for parole supervision in that state, pursuant to the interstate compact for out of17
state out-of-state parolee supervision as provided in R.S. 15:574.14.18
G.(1) Before placing a person on parole, the Board of Parole shall require19
that person to submit to a test designed to determine whether he is infected with a20
sexually transmitted disease, acquired immune deficiency syndrome (AIDS), the21
human immunodeficiency virus (HIV), HIV-1 antibodies, or any other probable22
causative agent of AIDS and viral hepatitis.23
(2) The procedure or test shall be performed by a qualified physician or other24
qualified person who shall notify the parolee of the test results.25
(3) If the person tested under the provisions of this Subsection tests positive26
for a sexually transmitted disease, AIDS, HIV, HIV-1 antibodies, or any other27
probable causative agent of AIDS and viral hepatitis, he shall be referred to the28
appropriate health care and support services. If the person tested positive, the29 HLS 10RS-681 ENGROSSED
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granting of the parole shall be conditioned upon the person seeking advice and1
counseling from the appropriate health care and support services. Failure to seek or2
follow that advice shall result in the revocation of that person's parole.3
(4) The costs associated with this testing shall be paid by the person tested.4
(5) The provisions of this Subsection shall not apply to inmates released5
because of diminution of sentence under R.S. 15:571.3.6
§574.4.3. Parole requirements for certain sex offenders7
O. A.(1) Before having a parole hearing for any offender who has been8
convicted of a violation of a sex offense as defined in R.S. 15:541, when the law9
permits parole consideration for that offense, and when according to law an offender10
convicted of one of those offenses is otherwise eligible for parole, the board shall11
give written notice of the date and time of the parole hearing at least three days prior12
to the hearing to the victim or the victim's parent or guardian, unless the victim,13
parent, or guardian has advised the board of parole in writing that such notification14
is not desired.15
(2) The victim or the victim's parent or guardian who desires to do so shall16
be given a reasonable opportunity to attend the hearing and to be heard.17
P. B. If a person who is otherwise eligible for intensive parole supervision18
pursuant to R.S. 15:574.4.1, has been convicted of one of the sexual offenses19
enumerated in Paragraph (2) of Subsection H and Paragraph (1) of Subsection O of20
this Section and the intensive parole supervision is applicable to any of those21
enumerated crimes, then Subsections H and O of this the provisions of this Section22
shall apply.23
Q. C. If a person, who is otherwise eligible for diminution of sentence for24
good behavior pursuant to R.S. 15:571.3, has been convicted of one of the sexual25
offenses enumerated in Paragraph (2) of Subsections H and O of this Section and the26
diminution of sentence for good behavior is applicable to any of those enumerated27
crimes, then Paragraphs (2) and (3) of Subsection H the provisions of this Section28
shall apply.29 HLS 10RS-681 ENGROSSED
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R.(1) Before placing a person on parole, the Board of Parole shall require1
that person to submit to a test designed to determine whether he is infected with a2
sexually transmitted disease, acquired immune deficiency syndrome (AIDS), the3
human immunodeficiency virus (HIV), HIV-1 antibodies, or any other probable4
causative agent of AIDS, and viral hepatitis.5
(2) The procedure or test shall be performed by a qualified physician or other6
qualified person who shall notify the parolee of the test results.7
(3) If the person tested under the provisions of this Subsection tests positive8
for a sexually transmitted disease, AIDS, HIV, HIV-1 antibodies, or any other9
probable causative agent of AIDS, and viral hepatitis, he shall be referred to the10
appropriate health care and support services. If the person tested positive, the11
granting of the parole shall be conditioned upon the person seeking advice and12
counseling from the appropriate health care and support services. Failure to seek or13
follow that advice shall result in the revocation of that person's parole.14
(4) The costs associated with this testing shall be paid by the person tested.15
(5) The provisions of this Subsection shall not apply to inmates released16
because of diminution of sentence under R.S. 15:571.3.17
D.(1) In cases where the offender has been convicted of or where18
adjudication has been deferred or withheld for the perpetration or attempted19
perpetration of a violation of a sex offense as defined in R.S. 15:541, including20
criminal sexual offenders under the supervision and legal authority of the21
Department of Public Safety and Corrections pursuant to the terms and conditions22
of the interstate compact agreement provided for in R.S. 15:574.14, and parole is23
permitted by law and the offender is otherwise eligible, and when the board releases24
an offender on parole, the board shall order the offender to register as a sex offender25
and provide notification in accordance with the provisions of R.S. 15:540 et seq.26
(2) The board shall mail notice within three days after it makes a decision27
to release a sexual offender, as enumerated and pursuant to the circumstances in28
Paragraph (2) of this Subsection, on parole. The notice shall contain the address29 HLS 10RS-681 ENGROSSED
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where the defendant will reside, a statement that the offender will be released on1
parole, and the date he will be released and shall be mailed to the victim or the2
victim's parent or guardian if the victim or a relative was not present at the parole3
hearing of the offender, and the notice shall be sent to their last known address by4
registered or certified letter, unless the victim or relative has signed a written waiver5
of notification.6
S. E.(1) In cases where parole is permitted by law and the offender is7
otherwise eligible, the Board of Parole shall not grant parole to any sex offender8
either by an order of the Board of Parole or office of adult services pursuant to R.S.9
15:571.3 until the Department of Public Safety and Corrections, division of10
probation and parole, has assessed and approved the suitability of the residence plan11
of such offender. In approving the residence plan of the offender, the department12
shall consider the likelihood that the offender will be able to comply with all of the13
conditions of his parole.14
(2) For purposes of this Subsection Section, "sex offender" shall mean any15
offender who has been convicted of, or where adjudication has been deferred or16
withheld for, the perpetration or attempted perpetration of a violation of a sex17
offense as defined in R.S. 15:541.18
Section 2. The Louisiana State Law Institute is hereby directed to redesignate and19
renumber the provisions of R.S. 15:574.4.1 as R.S. 15:574.4.4 and R.S. 15:574.4.2 as R.S.20
15:574.4.5.21
Section 3. The Louisiana State Law Institute is further directed to make technical22
changes to statutory laws as necessary to reflect the statutory redesignation required by this23
Act.24 HLS 10RS-681 ENGROSSED
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Wooton HB No. 255
Abstract: Redesignates provisions of parole statutes.
Present law provides for parole eligibility and parole board hearings and procedures.
Proposed law retains all substantive provisions of present law and divides present law
provisions into parole eligibility; parole consideration and hearings; decisions of Board of
Parole; and parole conditions for certain sex offenders.
Directs the LSLI to redesignate and renumber the provisions of R.S. 15:574.4.1 as R.S.
15:574.4.4 and R.S. 15:574.4.2 as R.S. 15:574.4.5.
(Amends R.S. 15:574.4; Adds R.S. 15:574.4.1-574.4.3)