HLS 10RS-1147 ORIGINAL
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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. 359
BY REPRESENTATIVE LEGER
CORRECTIONS: Provides with respect to revocation of parole
AN ACT1
To amend and reenact R.S. 15:574.9(E), relative to parole; to amend provisions regarding2
parole; to provide with respect to parole revocation for violation of certain3
conditions of parole; to amend provisions regarding credit for time served; and to4
provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 15:574.9(E) is hereby amended and reenacted to read as follows: 7
ยง574.9. Revocation of parole for violation of condition; board panels; return to8
custody hearing; duration of reimprisonment and reparole after revocation;9
credit for time served; revocation for a technical violation10
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E. When the parole of a parolee has been revoked by the board for the12
violation of the conditions of parole, the parolee shall be returned to the physical13
custody of the Department of Public Safety and Corrections, office of corrections14
services corrections services, and serve the remainder of his sentence as of the date15
of his release on parole, subject to consideration by the board of any commutation16
of the sentence, and any diminution of sentence earned for good behavior while in17
the institution. The parolee shall be given credit for time served prior to the18
revocation hearing whether such time is served in a local detention facility, state19
institution, or out-of-state institution pursuant to the provisions of this Subsection.20 HLS 10RS-1147 ORIGINAL
HB NO. 359
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
The parolee shall not receive credit for such time served prior to the revocation1
hearing where If the revocation is based on the subsequent conviction of a crime, in2
which case the parolee will shall receive credit for time served for prior to the3
subsequent conviction pursuant to Code of Criminal Procedure Article 880.4
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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)]
Leger HB No. 359
Abstract: Provides that a parolee shall receive credit for time served when the parole
revocation is based on the commission of a new offense.
Present law provides that when parole has been revoked for the violation of the conditions
of parole, the parolee shall be returned to the physical custody of DPS&C to serve the
remainder of his sentence as of the date of his release on parole.
Present law provides that in situations where revocation is based on the subsequent
conviction of a crime, the parolee shall not receive credit for such time served prior to the
revocation but will receive credit for time served toward the sentence imposed for the
subsequent conviction pursuant to C.Cr.P. Art. 880.
Present law (C.Cr.P. Art. 880) provides that a defendant shall receive credit toward service
of his sentence for time spent in actual custody prior to the imposition of sentence, and no
defendant shall receive more than 30 days of jail credit for any calendar month while serving
a term for consecutive sentences.
Proposed law allows the offender to receive credit for time served prior to his parole
revocation hearing when the revocation is based on a new criminal offense.
(Amends R.S. 15:574.9(E))