HLS 10RS-1410 ORIGINAL
Page 1 of 8
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 523
BY REPRESENTATIVE RICHMOND
PAROLE: Amends votes required to grant parole in certain circumstances
AN ACT1
To amend and reenact R.S. 15:574.2(B), (C), (D), (E), and (F) and to enact R.S.2
15:574.2(G), relative to the Board of Parole; to change the number of votes required3
to grant parole to offenders convicted of certain offenses; to provide for4
applicability; to provide for criteria; to provide for the granting of parole to certain5
offenders participating in work release programs; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 15:574.2(B), (C), (D), (E), and (F) are hereby amended and reenacted8
and R.S. 15:574.2(G) is hereby enacted to read as follows: 9
ยง574.2. Board of Parole; membership; qualifications; vacancies; compensation;10
domicile; venue; meetings; quorum; panels; powers and duties; transfer of11
property to board; representation of applicants before the board; prohibitions12
* * *13
B.(1) The domicile of the board shall be in the parish of East Baton Rouge,14
city of Baton Rouge, Louisiana.15
(2) The board shall meet in a minimum of three-member panels at the adult16
correctional institutions on regular scheduled dates, not less than every three months.17
Such dates are to be determined by the chairman. Three votes of a three-member18
panel shall be required to grant parole, or, if the number exceeds a three-member19
panel, a unanimous vote of those present shall be required to grant parole.20 HLS 10RS-1410 ORIGINAL
HB NO. 523
Page 2 of 8
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Notwithstanding any other provision of law in this Section, no person convicted of1
a crime of violence against any peace officer as defined in R.S. 14:30(B), shall be2
granted parole except after a meeting, duly noticed and held on a date to be3
determined by the chairman, at which at least five of the seven members of the board4
are present and all members present vote to grant parole.5
(3)(2) Venue in any action in which an individual committed to the6
Department of Public Safety and Corrections contests any action of the board is East7
Baton Rouge Parish. Venue in a suit contesting the actions of the board shall be8
controlled by this Part and R.S. 15:571.15 and not the Code of Criminal Procedure,9
Title XXXI-A, Post Conviction Relief, or Title IX, Habeas Corpus, regardless of the10
captioned pleadings stating the contrary.11
C.(1) The board shall meet in a minimum of three-member panels at the12
adult correctional institutions on regular scheduled dates, not less than every three13
months. Such dates are to be determined by the chairman. Except as provided for14
in Paragraph (2) of this Subsection, three votes of a three-member panel shall be15
required to grant parole, or, if the number exceeds a three-member panel, a16
unanimous vote of those present shall be required to grant parole.17
(2) The board may grant parole with two votes of a three-member panel, or,18
if the number exceeds a three-member panel, a majority vote of those present if all19
of the following conditions are met:20
(a) The offender has not been convicted of a crime of violence as defined in21
R.S. 14:2(B) or a sex offense as defined in R.S. 15:541.22
(b) The offender has not committed any disciplinary offenses in the twelve23
consecutive months prior to the parole eligibility date.24
(c) The offender has completed the mandatory minimum of one hundred25
hours of pre-release programming in accordance with R.S. 15:827.1.26
(d) The offender has completed substance abuse treatment as applicable.27
(e) The offender has obtained a GED, unless the offender has previously28
obtained a high school diploma or is deemed by a certified educator as being29 HLS 10RS-1410 ORIGINAL
HB NO. 523
Page 3 of 8
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
incapable of obtaining a GED due to a learning disability. If the offender is deemed1
incapable of obtaining a GED, the offender must complete at least one of the2
following: a literacy program, an adult basic education program, or a job skills3
training program.4
(f) The offender has obtained a low-risk level designation determined by a5
validated risk assessment instrument approved by the secretary of the Department6
of Public Safety and Corrections.7
(3) If the offender was convicted of a crime of violence as defined in R.S.8
14:2(B), the board may grant parole with two votes of a three-member panel, or, if9
the number exceeds a three-member panel, a majority vote of those present if the10
following conditions are met:11
(a) The warden where the offender is incarcerated recommends parole.12
(b) The offender meets the criteria provided for in Subparagraph (2) of this13
Subsection.14
(4) Offenders who are participating in a work release program at the time of15
their parole eligibility date and who otherwise meet the board's release criteria, shall16
be granted parole upon successfully participating in the program for a minimum of17
six months.18
(5) Notwithstanding any other provision of law in this Section, no person19
convicted of a crime of violence against any peace officer as defined in R.S.20
14:30(B), shall be granted parole except after a meeting, duly noticed and held on a21
date to be determined by the chairman, at which at least five of the seven members22
of the board are present and all members present vote to grant parole.23
CD. In accordance with the provisions of this Part, the Board of Parole shall24
have the following powers and duties:25
(1) To determine the time and conditions of release on parole of any person26
who has been convicted of a felony and sentenced to imprisonment, and confined in27
any penal or correctional institution in this state.28 HLS 10RS-1410 ORIGINAL
HB NO. 523
Page 4 of 8
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(2) To determine and impose sanctions for violation of the conditions of1
parole.2
(3) To keep a record of its acts and to notify each institution of its decisions3
relating to the persons who are or have been confined therein.4
(4) To transmit annually, on or before the first day of February, a report to5
the secretary of public safety and corrections the Department of Public Safety and6
Corrections, for inclusion in his report to the governor, which report shall include7
statistical and other data with respect to the determinations and work of the board for8
the preceding calendar year, research studies which the board may make of9
sentencing, parole, or related functions, and may include a recommendation of10
legislation to further improve the parole system of this state.11
(5) To apply to a district court to issue subpoenas, compel the attendance of12
witnesses, and the production of books, papers, and other documents pertinent to the13
subject of its inquiry; to take testimony under oath, either at a hearing or by14
deposition; and to pay all costs in connection with the board hearings.15
(6) To consider all pertinent information with respect to each prisoner who16
is incarcerated in any penal or correctional institution in this state at least one month17
prior to the parole eligible date and thereafter at such other intervals as it may18
determine, which information shall be a part of the inmate's consolidated summary19
record and which shall include:20
(a) The circumstances of his offense.21
(b) The reports filed under Articles 875 and 876 of the Louisiana Code of22
Criminal Procedure.23
(c) His previous social history and criminal record.24
(d) His conduct, employment, and attitude in prison.25
(e) His participation in vocational training, adult education, literacy, or26
reading programs.27
(f) Any reports of physical and mental examinations which have been made.28 HLS 10RS-1410 ORIGINAL
HB NO. 523
Page 5 of 8
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(7) To adopt such rules not inconsistent with law as it deems necessary and1
proper, with respect to the eligibility of prisoners for parole, and to the conditions2
imposed on persons released on parole.3
(8) When requested, to notify the chief of police, where such exists, and the4
sheriff and district attorney of the parish where the individual resides and the5
conviction occurred. The notification shall be in writing and shall be issued at least6
seven days prior to the release of any parolees residing within the jurisdiction of the7
agency.8
(9) To notify the victim, or the spouse or next of kin of a deceased victim,9
when the offender is scheduled for a parole hearing. The notification shall be in10
writing and sent no less than thirty days prior to the hearing date. The notice shall11
advise the victim, or the spouse or next of kin of a deceased victim, of their rights12
with regard to the hearing. The notice is not required when the victim, or the spouse13
or next of kin of a deceased victim, advises the board in writing that such notification14
is not desired. The victim, or the spouse or next of kin of a deceased victim, shall15
be allowed to testify at the hearing. The victim, or the spouse or next of kin of a16
deceased victim, shall be allowed to testify directly, or in rebuttal to testimony or17
evidence offered by or on behalf of the offender, or both.18
(10) To adopt rules and regulations to encourage voluntary participation by19
inmates committed to the Department of Public Safety and Corrections in vocational20
training, adult education, literacy, and reading programs, through programs21
established by the department under R.S. 15:828(B). The rules and regulations may22
include provisions for accelerated parole release time, in addition to the provisions23
of R.S. 15:574.4(A)(1), for persons who are not otherwise ineligible in R.S.24
15:574.4(B) and who are otherwise eligible, but no offender shall receive more than25
ten additional days per month or one hundred eighty days total accelerated parole26
release time for program participation.27
(11) To sanction the applicant's disorderly, threatening, or insolent behavior,28
or use of insulting, abusive, or obscene language or written communication in29 HLS 10RS-1410 ORIGINAL
HB NO. 523
Page 6 of 8
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
connection with the application before the board. A decision to sanction may result1
in the immediate and unfavorable termination of the proceedings and the applicant's2
right to make future application for parole may be suspended for not more than two3
years. The applicant shall be informed of the sanction of the board at the4
commencement of the proceedings.5
(12) To adopt such rules as it deems necessary and proper with respect to the6
conduct of parole hearings for the purpose of excluding any person or persons in7
order to protect the privacy of the victim or victims during parole hearings.8
D.E. The board of parole Board of Parole established by Act No. 162 of9
1952, as last amended by Act No. 90 of 1967, is hereby abolished and all books,10
papers, records, monies and other property heretofore used or possessed by said11
board shall be transferred to the board of parole established by the provisions of this12
Part.13
E.F.(1) The following persons shall not represent any applicant directly or14
indirectly, before the board:15
(a) The executive counsel to the governor.16
(b) The executive secretary to the governor.17
(c) Any member of the immediate staff of the governor.18
(d) Any member of a law firm, law partnership, or law corporation of which19
a member, associate, or partner is the executive counsel to the governor, the20
executive secretary to the governor, or a member of the immediate staff of the21
governor.22
(2) If an executive counsel, executive secretary, or member of the immediate23
staff of the governor violates the provisions of this Subsection, such person shall24
forfeit the office or position held and all emoluments of the office or position. In25
addition, if a member of a law firm, partnership, or corporation of which such a26
person is a member, associate, or partner violates the provisions of this Subsection,27
the office or position held with the governor and all emoluments of said office or28
position shall be forfeited.29 HLS 10RS-1410 ORIGINAL
HB NO. 523
Page 7 of 8
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
F.G.(1) On and after August 15, 1997, no member of the Board of Parole1
shall transmit any correspondence to, or otherwise confer with, a judge before whom2
a convicted offender is awaiting sentence to request or recommend any action3
relating to the sentence imposed upon the offender.4
(2) Violation of the provisions of this Subsection shall immediately5
disqualify the member from serving on the board and a vacancy shall be declared.6
(3) However, no decision of the board shall be nullified or otherwise affected7
by the participation of a member who has violated this Subsection, except as to a8
decision that involves the offender or any decision rendered after the board is9
notified of the violation and the violation is determined to have occurred.10
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)]
Richmond HB No. 523
Abstract: Changes the number of votes required to grant parole to offenders convicted of
certain offenses under specified conditions.
Present law provides for the Board of Parole, the process for granting parole, and parole
eligibility.
Present law provides that the board shall meet in a minimum of three-member panels at the
adult correctional institutions on regular scheduled dates, not less than every three months.
Three votes of a three-member panel shall be required to grant parole, or, if the number
exceeds a three-member panel, a unanimous vote of those present shall be required to grant
parole.
Proposed law provides that the parole board may grant parole with two votes of a three-
member panel, or, if the number exceeds a three-member panel, a majority vote of those
present if all of the following conditions are met:
(1)The offender has not been convicted of a crime of violence or a sex offense.
(2)The offender has not committed any disciplinary offenses in the 12 consecutive
months prior to the parole eligibility date.
(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 HLS 10RS-1410 ORIGINAL
HB NO. 523
Page 8 of 8
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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 the same number of votes to grant parole if the offender was
convicted of a crime of violence and meets all proposed law criteria and has the
recommendation of the warden where he is incarcerated.
Proposed law further provides that offenders who are participating in a work release program
at the time of their parole eligibility date and who otherwise meet the board's release criteria,
shall be granted parole upon successfully participating in the program for a minimum of six
months.
(Amends R.S. 15:574.2(B), (C), (D), (E), and (F); Adds R.S. 15:574.2(G))