HLS 10RS-362 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 35
BY REPRESENTATIVE PATRICIA SMITH
CORRECTIONS/PRISONERS: Provides with respect to eligibility for parole consideration
for certain elderly inmates
AN ACT1
To enact R.S. 15:574.4(A)(4), relative to parole; to provide for eligibility for parole2
consideration for certain inmates who are at least sixty years of age, have been3
incarcerated for at least ten years, and have met certain conditions; to provide for4
exceptions; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 15:574.4(A)(4) is hereby enacted to read as follows: 7
ยง574.4. Parole; eligibility; consideration and hearings; decisions of board; nature,8
order, and conditions; rules of conduct; offenders convicted of crimes of9
violence; infectious disease testing10
A.11
* * *12
(4) Notwithstanding any other provision of law to the contrary, unless13
eligible for parole at an earlier date, a person committed to the Department of Public14
Safety and Corrections for a term or terms of imprisonment with or without benefit15
of parole who has served at least ten years of the term or terms of imprisonment in16
actual custody shall be eligible for parole consideration upon reaching the age of17
sixty years if the following conditions are met:18
(a) The offender has not been convicted of a crime of violence as defined in19
R.S. 14:2(B) or a sex offense as defined in R.S. 15:541, or convicted of an offense20
which would constitute a crime of violence as defined in R.S. 14:2(B) or a sex21
offense as defined in R.S. 15:541, regardless of the date of conviction.22 HLS 10RS-362 ENGROSSED
HB NO. 35
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(b) The offender has not committed any disciplinary offenses in twelve1
consecutive months prior to the parole eligibility date.2
(c) The offender has completed the mandatory minimum of one hundred3
hours of pre-release programming in accordance with the provisions of R.S.4
15:827.1.5
(d) The offender has completed substance abuse treatment as applicable.6
(e) The offender has obtained a GED, unless the offender has previously7
obtained a high school diploma or is deemed by a certified educator as being8
incapable of obtaining a GED due to a learning disability. If the offender is deemed9
incapable of obtaining a GED, the offender shall complete at least one of the10
following: a literacy program, an adult basic education program, or a job skills11
training program.12
(f) The offender has obtained a low-risk level designation determined by a13
validated risk assessment instrument approved by the secretary of the Department14
of Public Safety and Corrections.15
* * *16
Section 2. The provisions of this Act shall only apply to persons convicted on or17
after August 15, 2010.18
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)]
Patricia Smith HB No. 35
Abstract: Provides for parole consideration for those inmates who have served 10 years in
prison, have reached the age of 60 years, and have met certain conditions.
Proposed law provides that any person sentenced to the custody of DPS&C who has served
at least 10 years of a term of imprisonment shall be eligible for parole consideration upon
reaching the age of 60 if the following conditions are met:
(1)The offender has not been convicted of a crime of violence or a sex offense, or an
offense which would constitute a crime of violence or a sex offense, regardless of the
date of conviction.
(2)The offender has not committed any disciplinary offenses in the 12 consecutive
months prior to the parole eligibility date. HLS 10RS-362 ENGROSSED
HB NO. 35
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(3)The offender has completed the mandatory minimum of 100 hours of pre-release
programming.
(4)The offender has completed substance abuse treatment as applicable.
(5)The offender has obtained a GED, unless the offender has previously obtained a high
school diploma or is deemed by a certified educator as being incapable of obtaining
a GED due to a learning disability. If the offender is deemed incapable of obtaining
a GED, the offender must complete at least one of the following: a literacy program,
an adult basic education program, or a job skills training program.
(6)The offender has obtained a low-risk level designation determined by a validated risk
assessment instrument approved by the secretary of DPS&C.
Proposed law provides for prospective application only.
(Adds R.S. 15:574.4(A)(4))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Added conditions to the proposed parole eligibility requirements.
2. Made proposed law applicable only to persons convicted on or after Aug. 15,
2010.