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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 312
BY SENATOR MORRISH
CRIMINAL JUSTICE. Provides for diminution of sentence for good behavior. (10/15/10)
AN ACT1
To amend and reenact R.S. 15:571.3(B)(1), relative to diminution of sentence for good2
behavior; to provide for application; to provide for an effective date; and to provide3
for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 15:571.3(B)(1) is hereby amended and reenacted to read as follows:6
ยง571.3. Diminution of sentence for good behavior7
* * *8
B.(1)(a) Except as provided in Paragraph (B)(2) of this Section, every inmate9
in the custody of the department who has been convicted of a felony, except an10
inmate convicted a second time of a crime of violence as defined by R.S. 14:2(B),11
and sentenced to imprisonment for a stated number of years or months, or when the12
sentencing court has denied or conditioned eligibility for "good time" as provided in13
R.S. 15:537, may earn, in lieu of incentive wages, a diminution of sentence by good14
behavior and performance of work or self-improvement activities, or both, to be15
known as "good time." Those inmates serving life sentences will be credited with16
good time earned which will be applied toward diminution of their sentences at such17 SB NO. 312
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
time as the life sentences might be commuted to a specific number of years. The1
secretary shall establish regulations for awarding and recording of good time and2
shall determine when good time has been earned toward diminution of sentence. The3
amount of diminution of sentence allowed under the provisions of this Section shall4
be at the rate of thirty-five days for every thirty days in actual custody.5
(b) The provisions of Subparagraph (a) of this Paragraph shall be6
applicable to persons convicted of offenses on or after January 1, 1992 and who7
are not serving a sentence for the following offenses:8
(i) A sex offense as defined in R.S. 15:541.9
(ii) A crime of violence as defined in R.S. 14:2(B).10
(iii) Any offense which would constitute a crime of violence as defined11
in R.S. 14:2(B) or a sex offense as defined in R.S. 15:541, regardless of the date12
of conviction.13
* * *14
Section 2. The provisions of this Act shall provide no basis for any action by any15
inmate in custody of the Department of Public Safety and Corrections to seek release or to16
see any type of legal redress.17
Section 3. This Act shall become effective on October 15, 2010.18
The original instrument was prepared by Michelle Ducharme. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Christopher D. Adams.
DIGEST
Morrish (SB 312)
Present law provides that every inmate in the custody of the Department of Public Safety and
Corrections who has been convicted of a felony, except an inmate convicted a second time
of a crime of violence, and sentenced to imprisonment for a stated number of years or
months, or when sentencing court has denied or conditioned eligibility for "good time," may
earn, in lieu of incentive wages, a diminution of sentence by good behavior and performance
of work or self-improvement activities or both, to be known as good time. The amount of
diminution of sentence shall be at the rate of 35 days for every 30 days in actual custody and
shall only apply to persons convicted of offenses on or after August 15, 2006.
Proposed law retains present law but provides that it applies to persons convicted of an
offense on or after January 1, 1992, and who are not serving a sentence for a sex offense or
crime of violence.
Effective October 15, 2010. SB NO. 312
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(Amends R.S. 15:571.3(B)(1))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill.
1. Changes applicability of bill's provisions from persons convicted of offenses
regardless of the date of the conviction to persons convicted of offenses on
or after January 1, 1992.
Senate Floor Amendments to engrossed bill.
1. Prohibits convicted persons who committed a sex offense or a crime of
violence from being eligible.
2. Provides for an effective date of October 15, 2010 for the proposed law.