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Regular Session, 2010
SENATE BILL NO. 494
BY SENATOR MARTINY
JUVENILE JUSTICE. Provides with respect to parole eligibility of certain juvenile
offenders. (7/1/10)
AN ACT1
To enact Children's Code Article 857(D), relative to parole eligibility; to provide for parole2
eligibility of certain juveniles upon reaching forty-five years of age and who have3
met certain conditions; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Children's Code Article 857(D) is hereby enacted to read as follows:6
Art. 857. Transfers for criminal prosecution; authority7
* * *8
D. (1.) Notwithstanding any other provision of law to the contrary and9
unless eligible for parole at an earlier date, a child who has been transferred10
pursuant to this Article or Article 305 and who has subsequently been convicted11
of an offense committed at the time the child was fifteen or sixteen years of age12
shall be eligible for parole consideration upon reaching the age of forty-five13
years if the following circumstances are met:14
(a) The offender has not committed any disciplinary offense in the15
twelve consecutive months prior to the parole eligibility date.16
(b) The offender has completed the mandatory minimum of one17 SB NO. 494
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hundred hours of pre-release programming in accordance with R.S. 15:827.1.1
(c) The offender has completed substance abuse treatment as applicable.2
(d) The offender has obtained a GED, unless the offender has previously3
obtained a high school diploma or is deemed by a certified educator as being4
incapable of obtaining a GED due to a learning disability. If the offender is5
deemed incapable of obtaining a GED, the offender must complete at least one6
of the following:7
(i) A literacy program.8
(ii) An adult basic education program.9
(iii) A job skills training program.10
(e) The offender has obtained a low-risk level designation determined11
by a validated risk assessment instrument approved by the secretary of the12
Department of Public Safety and Corrections.13
(2) The provisions of this Subsection shall only apply to offenses14
occurring on or after July 1, 2010.15
Section 2. This Act shall become effective on July 1, 2010; if vetoed by the governor16
and subsequently approved by the legislature, this Act shall become effective July 1, 2010,17
or on the day following such approval, whichever is later.18
The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Michelle Ducharme.
DIGEST
Martiny (SB 494)
Present law provides for the transfer of juveniles accused of certain crimes to the appropriate
court exercising criminal jurisdiction for prosecution.
Present law authorizes juvenile courts to conduct hearings to determine whether a child 14
years of age or older who is charged with certain crimes may be transferred to adult court
for criminal prosecution.
Present law provides for automatic transfer provisions from juvenile court to adult court for
a child who is 15 years of age or older for the prosecution of certain crimes once an
indictment is returned or a continued custody hearing is held and probable cause is found.
Present law mandates that a 14 year old child who is transferred to adult court and who is
subsequently convicted shall not be confined for such conviction beyond his 31
st
birthday. SB NO. 494
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Present law does not provide for parole eligibility for a child who is 15 or 16 years of age
at the time of the commission of certain crimes and who is tried and convicted in adult court.
Present law defines "child" as any person under the age of 21, including an emancipated
minor, who commits a delinquent act before attaining 17 years of age.
Proposed law provides that a 15 or 16 year old child who is tried and convicted of certain
crimes in adult court shall become eligible for parole consideration at the age of 45 if the
following circumstances are met:
(1) The offender has not committed any disciplinary offense in the 12 consecutive months
prior to the parole eligibility date.
(2) The offender has completed the mandatory minimum of 100 hours of pre-release
programming in accordance with law.
(3) The offender has completed substance abuse treatment as applicable.
(4) 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.
(5) The offender has obtained a low-risk level designation determined by a validated risk
assessment instrument approved by the secretary of the Department of Public Safety and
Corrections.
Proposed law shall only be applied prospectively to offenses occurring on or after July 1,
2010.
Effective July 1, 2010.
(Adds Ch.C. Art. 857(D))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill.
1. Adds criteria that must be considered to determine whether an offender, who
has committed a crime when he was 15 or 16, should be eligible for parole
consideration.
2. Increase the age of eligibility for parole consideration from 31 to 45.
3. Makes technical changes.