Louisiana 2010 2010 Regular Session

Louisiana House Bill HB418 Engrossed / Bill

                    HLS 10RS-248	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. 418
BY REPRESENTATIVE GARY SMITH
PAROLE:  Provides relative to the membership of the Board of Parole
AN ACT1
To amend and reenact R.S. 15:574.2(A), relative to the Board of Parole; to provide relative2
to the membership of the board; to provide for an ex officio, nonvoting member; and3
to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1.  R.S. 15:574.2(A) is hereby amended and reenacted to read as follows: 6
ยง574.2.  Board of Parole; membership; qualifications; vacancies; compensation;7
domicile; venue; meetings; quorum; panels; powers and duties; transfer of8
property to board; representation of applicants before the board; prohibitions9
A.(1) A board of parole, hereinafter referred to as "the board", is hereby10
created in the Department of Public Safety and Corrections.  The board shall consist11
of seven members who shall be appointed by the governor and one ex officio12
member. It shall consist of  Of the seven members appointed by the governor, one13
of whom shall be the chairman of the board, and all of whom shall serve at the14
pleasure of the governor.  One of the seven members shall be appointed from a list15
of at least three names submitted by Victims and Citizens Against Crime, Inc. Each16
appointment by the governor shall be submitted to the Senate for confirmation.17
(2) Each member, except for the ex officio member, shall devote full time18
to the duties of his office and shall not engage in any other business or profession or19
hold any other public office.20 HLS 10RS-248	ENGROSSED
HB NO. 418
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(3) The chairman of the board shall receive an annual salary not to exceed1
fifty thousand dollars, the vice chairman shall receive an annual salary not to exceed2
forty-seven thousand dollars, and each of the other members of the board, except for3
the ex officio member, shall receive an annual salary not to exceed forty-four4
thousand dollars payable on his own warrant, and shall be reimbursed for necessary5
travel and other expenses actually incurred in the discharge of his duties. The actual6
salaries, subject to the limits provided for in this Paragraph, shall be authorized by7
executive order of the governor.8
(4) The warden, or in his absence the deputy warden, of the correctional9
facility in which the offender is incarcerated shall be an ex officio member of the10
board.  When the offender is housed in a local correctional facility and the warden,11
or deputy warden, of that facility is not able to attend the offender's parole hearing,12
the warden, or in his absence the deputy warden, of the facility where the offender's13
parole hearing is held may serve as an ex officio member.  The ex officio member14
shall not be a voting member nor shall he be counted or permitted to be counted for15
purposes of the number of members necessary to take board action or the number of16
members necessary to establish quorum. In all other respects, the ex officio member17
shall have all the duties, authority, requirements, and benefits of any other board18
member.19
*          *          *20
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)]
Gary Smith	HB No. 418
Abstract: Provides for the addition of an ex officio, nonvoting member of the Board of
Parole.
Present law provides that the parole board shall consist of seven members appointed by the
governor, one of whom shall be the chairman of the board, and all of whom shall serve at
the pleasure of the governor. HLS 10RS-248	ENGROSSED
HB NO. 418
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law provides that each member of the parole board shall devote full time to the
duties of his office and shall not engage in any other business or profession or hold any other
public office.
Proposed law retains present law but allows the ex officio member of the board to engage
in any other business or profession and hold any other public office.
Present law provides that each member shall receive an annual salary and shall be
reimbursed for necessary travel and other expenses actually incurred in the discharge of his
duties. 
Proposed law retains present law but provides that the ex officio member of the board shall
not receive an annual salary and shall not be reimbursed for necessary travel and other
expenses incurred in the discharge of his duties as an ex officio member.
Proposed law retains present law and requires the addition of the warden, or in his absence
the deputy warden, of the institution in which the inmate is housed as an ex officio,
nonvoting member of the Board of Parole.
Proposed law further provides that in situations where the offender is housed in a local jail
facility and the warden, or deputy warden, of that facility is not able to attend the offender's
parole hearing, the warden, or in his absence the deputy warden, of the facility where the
offender's parole hearing is held may serve as an ex officio member.
(Amends R.S. 15:574.2(A))