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Regular Session, 2010
HOUSE BILL NO. 255
BY REPRESENTATIVES WOOTON, ARMES, BALDONE, GUINN, HARDY, LEGER,
MCVEA, MILLS, POPE, RICHARD, JANE SMITH, ST. GERMAIN, AND
WILLIAMS AND SENATOR MARTINY
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. 15:574.4.4 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
of imprisonment with or without benefit of parole for thirty years or more shall be21
eligible for parole consideration upon serving at least twenty years of the term or22
terms of imprisonment in actual custody and upon reaching the age of forty-five.23 ENROLLEDHB NO. 255
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This provision shall not apply to a person serving a life sentence unless the sentence1
has been commuted to a fixed term of years. The provisions of this Paragraph shall2
not apply to any person who has been convicted under the provisions of R.S. 14:64.3
(3) Notwithstanding the provisions of Paragraph (A)(1) or (2) of this Section4
or any other provision of law to the contrary, unless eligible for parole at an earlier5
date, a person committed to the Department of Public Safety and Corrections serving6
a life sentence for the production, manufacturing, distribution, or dispensing or7
possessing with intent to produce, manufacture, or distribute heroin shall be eligible8
for parole consideration upon serving at least fifteen years of imprisonment in actual9
custody.10
B. No person shall be eligible for parole consideration who has been11
convicted of armed robbery and denied parole eligibility under the provisions of R.S.12
14:64. No prisoner serving a life sentence shall be eligible for parole consideration13
until his life sentence has been commuted to a fixed term of years. No prisoner14
sentenced as a serial sexual offender shall be eligible for parole. No prisoner may15
be paroled while there is pending against him any indictment or information for any16
crime suspected of having been committed by him while a prisoner. Notwithstanding17
any other provisions of law to the contrary, a person convicted of a crime of violence18
and not otherwise ineligible for parole shall serve at least eighty-five percent of the19
sentence imposed, before being eligible for parole. The victim or victim's family20
shall be notified whenever the offender is to be released provided that the victim or21
victim's family has completed a Louisiana victim notice and registration form as22
provided in R.S. 46:1841 et seq., or has otherwise provided contact information and23
has indicated to the Department of Public Safety and Corrections, Crime Victims24
Services Bureau, that they desire such notification.25
C.(1) At such intervals as it determines, the board or a member thereof shall26
consider all pertinent information with respect to each prisoner eligible for parole,27
including the nature and circumstances of the prisoner's offense, his prison records,28
the presentence investigation report, any recommendations of the chief probation and29
parole officer, and any information and reports of data supplied by the staff. A30 ENROLLEDHB NO. 255
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parole hearing shall be held if, after such consideration, the board determines that a1
parole hearing is appropriate or if such hearing is requested in writing by its staff.2
(2)(a) In cases where the offender has been convicted of, or where3
adjudication has been deferred or withheld for the perpetration or attempted4
perpetration of a violation of a sex offense as defined in R.S. 15:541 and parole is5
permitted by law and the offender is otherwise eligible, the board shall consider6
reports, assessments, and clinical information, as available, including any testing and7
recommendations by mental health professionals, as to all of the following:8
(i) Whether the offender has successfully completed the sex offender9
program.10
(ii) Whether, in the expert's opinion, there is a likelihood that the offender11
will or will not repeat the criminal conduct and that the offender will or will not be12
a danger to society.13
(b) The board shall render its decision ordering or denying the release of the14
prisoner on parole only after considering this clinical evidence where such clinical15
evidence is available.16
§574.4.1. Parole consideration and hearings17
D. A.(1) The parole hearings shall be conducted in a formal manner in18
accordance with the rules formulated by the board and with the provisions of this19
Part. Before the parole of any prisoner is ordered, such prisoner shall appear before20
and be interviewed by the board, except those incarcerated in parish prisons or parish21
correctional centers, in which case one board member may conduct the interview.22
The board may order a reconsideration of the case or a rehearing at any time.23
(2) The crime victim or the victim's family, a victim advocacy group, and the24
district attorney or his representatives, may appear before the Board of Parole by25
means of telephone communication from the office of the local district attorney.26
E. B. The board shall render its decision ordering or denying the release of27
the prisoner on parole within thirty days after the hearing. A parole shall be ordered28
only for the best interest of society, not as an award of clemency, and upon29
determination by the board that there is reasonable probability that the prisoner is30 ENROLLEDHB NO. 255
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able and willing to fulfill the obligations of a law-abiding citizen so that he can be1
released without detriment to the community or to himself.2
F. C. All paroles shall issue upon order of the board and each order of parole3
shall recite the conditions thereof; provided, however, that before any prisoner is4
released on parole he shall be provided with a certificate of parole that enumerates5
the conditions of parole. These conditions shall be explained to the prisoner and the6
prisoner shall agree in writing to such conditions.7
G. D. The release date of the prisoner shall be fixed by the board, but such8
date shall not be later than six months after the parole hearing or the most recent9
reconsideration of the prisoner's case.10
§574.4.2. Decisions of Board of Parole; nature, order, and conditions of parole;11
rules of conduct; infectious disease testing12
H. A.(1) The Board of Parole may make rules for the conduct of persons13
heretofore or hereafter granted parole. When a prisoner is released on parole, the14
board shall require as a condition of his parole that he refrain from engaging in15
criminal conduct.16
(2) In cases where the offender has been convicted of or where adjudication17
has been deferred or withheld for the perpetration or attempted perpetration of a18
violation of a sex offense as defined in R.S. 15:541, including criminal sexual19
offenders under the supervision and legal authority of the Department of Public20
Safety and Corrections pursuant to the terms and conditions of the interstate compact21
agreement provided for in R.S. 15:574.14, and parole is permitted by law and the22
offender is otherwise eligible, and when the board releases an offender on parole, the23
board shall order the offender to register as a sex offender and provide notification24
in accordance with the provisions of R.S. 15:540 et seq.25
(3) The board shall mail notice within three days after it makes a decision26
to release a sexual offender, as enumerated and pursuant to the circumstances in27
Paragraph (2) of this Subsection, on parole. The notice shall contain the address28
where the defendant will reside, a statement that the offender will be released on29
parole, and the date he will be released and shall be mailed to the victim or the30 ENROLLEDHB NO. 255
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victim's parent or guardian if the victim or a relative was not present at the parole1
hearing of the offender, and the notice shall be sent to their last known address by2
registered or certified letter, unless the victim or relative has signed a written waiver3
of notification.4
(4) (2) The board may also require, either at the time of his release on parole5
or at any time while he remains on parole, that he conform to any of the following6
conditions of parole which are appropriate to the circumstances of the particular7
case:8
(a) Report immediately to the division of probation and parole office,9
Department of Public Safety and Corrections, which is listed on the face of the10
certificate of parole.11
(b) Remain within the limits fixed by the certificate of parole. If he has good12
cause to leave these limits, he will obtain written permission from the parole officer13
and the approval of the division of probation and parole before doing so.14
(c) Between the first and fifth days of each month, until his final release, and15
also on the final day of his parole, make a full and truthful written report upon the16
form provided for that purpose and that he will take or mail his report to his parole17
officer. He will report to the probation and parole officer when directed to do so.18
(d) Avoid injurious or vicious habits and places of disreputable or harmful19
character.20
(e) Will not associate with persons known to be engaged in criminal21
activities or with persons known to have been convicted of a felony, without written22
permission of his parole officer.23
(f) In all respects conduct himself honorably, work diligently at a lawful24
occupation, and support his dependents, if any, to the best of his ability.25
(g) Promptly and truthfully answer all inquiries directed to him by the26
probation and parole officer.27
(h) Live and remain at liberty and refrain from engaging in any type of28
criminal conduct.29 ENROLLEDHB NO. 255
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(i) Live and work at the places stated in his parole plan and not change1
residence or employment until after he has permission to do so from his parole2
officer.3
(j) Shall not have in his possession or control any firearms or dangerous4
weapons.5
(k) Submit himself to available medical, psychiatric, mental health, or6
substance abuse examination or treatment or both when deemed appropriate and7
ordered to do so by the probation and parole officer.8
(l) Waive extradition to the state of Louisiana from any jurisdiction in or9
outside the United States where he may be found and also agree that he will not10
contest any effort by any jurisdiction to return him to the state of Louisiana.11
(m) Will be subject to visits by his parole officer at his home or place of12
employment without prior notice.13
(n) Such other specific conditions as are appropriate, stated directly and14
without ambiguity so as to be understandable to a reasonable man.15
(o) Defray the cost, or any portion thereof, of his parole supervision by16
making payments to the Board of Parole in a sum and manner determined by the17
board, based upon his ability to pay.18
(p) Perform at least one hundred hours of unpaid community service work19
during the period of parole supervision and, if unemployed, perform additional hours20
as instructed by his supervising officers.21
(q) Devote himself to an approved reading program at his cost if he is unable22
to read the English language.23
(r)(i) Agree to searches of his person, his property, his place of residence, his24
vehicle, or his personal effects, or any or all of them, at any time, by the probation25
officer or the parole officer assigned to him, with or without a warrant of arrest or26
with or without a search warrant, when the probation officer or the parole officer has27
reasonable suspicion to believe that the person who is on parole is engaged in or has28
been engaged in criminal activity since his release on parole.29 ENROLLEDHB NO. 255
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(ii) For those persons who have been convicted of a "sex offense" as defined1
in R.S. 15:541, agree to searches of his person, his property, his place of residence,2
his vehicle, or his personal effects, or any or all of them, at any time, by a law3
enforcement officer, duly commissioned in the parish or municipality where the sex4
offender resides or is domiciled, designated by his agency to supervise sex offenders,5
with or without a warrant of arrest or with or without a search warrant, when the6
officer has reasonable suspicion to believe that the person who is on parole is7
engaged in or has been engaged in criminal activity for which the person has not8
been charged or arrested while on parole.9
(5) (3) No offender, who is the parent, stepparent, or has legal custody and10
physical custody of the child who is the victim, shall be released on parole unless the11
victim has received psychological counseling prior to the offender's release if the12
offender is returning to the residence or community in which the child resides. Such13
psychological counseling shall include an attempt by the health care provider to ease14
the psychological impact upon the child of the notice required under Paragraph (2)15
of this Subsection by the provisions of R.S. 15:574.4.3, including assisting the child16
in coping with potential insensitive comments and actions by the child's neighbors17
and peers. The cost of such counseling shall be paid by the offender.18
I. B. At the time these written conditions are given, the board shall notify the19
parolee that:20
(1) If he is arrested while on parole, the board has the authority to place a21
detainer against him which will in effect prevent him from making bail pending any22
new charges against him; and23
(2) Should his parole be revoked for any reason, good time earned prior to24
parole and good time that would have been earned if parole had not been granted will25
be forfeited, as required by R.S. 15:571.4.26
J. C.(1) When a victim of the crime for which parole is being considered has27
suffered a direct pecuniary loss other than damage to or loss of property, the parole28
board may impose as a condition of parole that restitutions to the victim be made.29
When such a condition is imposed, the board shall take into account the defendant's30 ENROLLEDHB NO. 255
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ability to pay and shall not revoke parole based upon this condition unless the1
parolee has willfully failed to comply. When the victim's loss consists of damage to2
or loss of property, the board shall impose as a condition of parole payment of3
restitution, either in a lump sum or in monthly installments based on the earning4
capacity and assets of the defendant. If the victim was paid for such property loss5
or damage with monies from the Crime Victims Reparations Fund, the board shall6
order the parolee to make such payments as reimbursement to the fund in the same7
amount as was paid from the fund to the victim. This condition of parole shall8
continue until such time as the restitution is paid or the parolee is discharged from9
parole in accordance with R.S. 15:574.6.10
(2) Nothing herein shall affect a victim's civil remedy except that funds11
actually received shall be credited to any civil judgment arising out of the same12
offense.13
K. D. If the prisoner has not paid and is liable for any costs of court or costs14
of the prosecution or proceeding in which he was convicted or any fine imposed as15
a part of his sentence, the board of parole shall require as a condition of parole the16
payment of such costs or fine, either in a lump sum or according to a schedule of17
payments established by the board and based upon the prisoner's ability to pay.18
M. E. Before the Board of Parole places a person on parole, the board shall19
determine if he has a high school degree diploma or its equivalent and, if he does not,20
the board shall condition parole upon the parolee's enrolling in and attending an adult21
education or reading program until he obtains a GED credential, or until he22
completes such educational programs required by the board, and has attained a sixth23
grade reading level, or until his term of parole expires, whichever occurs first. All24
costs shall be paid by the parolee. If the board finds that there are no adult education25
or reading programs in the parish in which the parolee is domiciled, the parolee is26
unable to afford such a program, or attendance would create an undue hardship on27
the parolee, the board may suspend this condition of parole. The provisions of this28
Subsection shall not apply to those parolees who are mentally, physically, or by29 ENROLLEDHB NO. 255
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reason of age, infirmity, dyslexia, or other such learning disorders, unable to1
participate.2
N. F. The collection of the supervision fee imposed pursuant to Paragraph3
(H)(15) Subparagraph (A)(2)(o) of this Section shall be suspended upon the transfer4
of an offender to another state for parole supervision in that state, pursuant to the5
interstate compact for out of state out-of-state parolee supervision as provided in6
R.S. 15:574.14 R.S. 15:574.31 et seq.7
G.(1) Before placing a person on parole, the Board of Parole shall require8
that person to submit to a test designed to determine whether he is infected with a9
sexually transmitted disease, acquired immune deficiency syndrome (AIDS), the10
human immunodeficiency virus (HIV), HIV-1 antibodies, or any other probable11
causative agent of AIDS and viral hepatitis.12
(2) The procedure or test shall be performed by a qualified physician or other13
qualified person who shall notify the parolee of the test results.14
(3) If the person tested under the provisions of this Subsection tests positive15
for a sexually transmitted disease, AIDS, HIV, HIV-1 antibodies, or any other16
probable causative agent of AIDS and viral hepatitis, he shall be referred to the17
appropriate health care and support services. If the person tested positive, the18
granting of the parole shall be conditioned upon the person seeking advice and19
counseling from the appropriate health care and support services. Failure to seek or20
follow that advice shall result in the revocation of that person's parole.21
(4) The costs associated with this testing shall be paid by the person tested.22
(5) The provisions of this Subsection shall not apply to inmates released23
because of diminution of sentence under R.S. 15:571.3.24
§574.4.3. Parole requirements for certain sex offenders25
O. A.(1) Before having a parole hearing for any offender who has been26
convicted of a violation of a sex offense as defined in R.S. 15:541, when the law27
permits parole consideration for that offense, and when according to law an offender28
convicted of one of those offenses is otherwise eligible for parole, the board shall29
give written notice of the date and time of the parole hearing at least three days prior30 ENROLLEDHB NO. 255
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to the hearing to the victim or the victim's parent or guardian, unless the victim,1
parent, or guardian has advised the board of parole in writing that such notification2
is not desired.3
(2) The victim or the victim's parent or guardian who desires to do so shall4
be given a reasonable opportunity to attend the hearing and to be heard.5
P. B. If a person who is otherwise eligible for intensive parole supervision6
pursuant to R.S. 15:574.4.1 R.S. 15:574.4.4, has been convicted of one of the sexual7
offenses enumerated in Paragraph (2) of Subsection H and Paragraph (1) of8
Subsection O of this Section and the intensive parole supervision is applicable to any9
of those enumerated crimes, then Subsections H and O of this the provisions of this10
Section shall apply.11
Q. C. If a person, who is otherwise eligible for diminution of sentence for12
good behavior pursuant to R.S. 15:571.3, has been convicted of one of the sexual13
offenses enumerated in Paragraph (2) of Subsections H and O of this Section and the14
diminution of sentence for good behavior is applicable to any of those enumerated15
crimes, then Paragraphs (2) and (3) of Subsection H the provisions of this Section16
shall apply.17
R.(1) Before placing a person on parole, the Board of Parole shall require18
that person to submit to a test designed to determine whether he is infected with a19
sexually transmitted disease, acquired immune deficiency syndrome (AIDS), the20
human immunodeficiency virus (HIV), HIV-1 antibodies, or any other probable21
causative agent of AIDS, and viral hepatitis.22
(2) The procedure or test shall be performed by a qualified physician or other23
qualified person who shall notify the parolee of the test results.24
(3) If the person tested under the provisions of this Subsection tests positive25
for a sexually transmitted disease, AIDS, HIV, HIV-1 antibodies, or any other26
probable causative agent of AIDS, and viral hepatitis, he shall be referred to the27
appropriate health care and support services. If the person tested positive, the28
granting of the parole shall be conditioned upon the person seeking advice and29 ENROLLEDHB NO. 255
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counseling from the appropriate health care and support services. Failure to seek or1
follow that advice shall result in the revocation of that person's parole.2
(4) The costs associated with this testing shall be paid by the person tested.3
(5) The provisions of this Subsection shall not apply to inmates released4
because of diminution of sentence under R.S. 15:571.3.5
D.(1) In cases where the offender has been convicted of or where6
adjudication has been deferred or withheld for the perpetration or attempted7
perpetration of a violation of a sex offense as defined in R.S. 15:541, including8
criminal sexual offenders under the supervision and legal authority of the9
Department of Public Safety and Corrections pursuant to the terms and conditions10
of the Interstate Compact for Adult Offender Supervision provided for in R.S.11
15:574.31 through 574.44, and parole is permitted by law and the offender is12
otherwise eligible, and when the board releases an offender on parole, the board shall13
order the offender to register as a sex offender and provide notification in accordance14
with the provisions of R.S. 15:540 et seq.15
(2) The board shall mail notice within three days after it makes a decision16
to release a sexual offender, as enumerated and pursuant to the circumstances in this17
Paragraph, on parole. The notice shall contain the address where the defendant will18
reside, a statement that the offender will be released on parole, and the date he will19
be released and shall be mailed to the victim or the victim's parent or guardian if the20
victim or a relative was not present at the parole hearing of the offender, and the21
notice shall be sent to their last known address by registered or certified letter, unless22
the victim or relative has signed a written waiver of notification.23
S. E.(1) In cases where parole is permitted by law and the offender is24
otherwise eligible, the Board of Parole shall not grant parole to any sex offender25
either by an order of the Board of Parole or office of adult services pursuant to R.S.26
15:571.3 until the Department of Public Safety and Corrections, division of27
probation and parole, has assessed and approved the suitability of the residence plan28
of such offender. In approving the residence plan of the offender, the department29 ENROLLEDHB NO. 255
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shall consider the likelihood that the offender will be able to comply with all of the1
conditions of his parole.2
(2) For purposes of this Subsection Section, "sex offender" shall mean any3
offender who has been convicted of, or where adjudication has been deferred or4
withheld for, the perpetration or attempted perpetration of a violation of a sex5
offense as defined in R.S. 15:541.6
Section 2. The Louisiana State Law Institute is hereby directed to redesignate and7
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.8
15:574.4.5.9
Section 3. The Louisiana State Law Institute is further directed to make technical10
changes to statutory laws as necessary to reflect the statutory redesignation required by this11
Act.12
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: