SLS 10RS-940 ORIGINAL
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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. 577
BY SENATOR CLAITOR
PROBATION/PAROLE. Provides that in petitions for judicial review of administrative
decisions of the Board of Parole the only proper defendant is the board. (8/15/10)
AN ACT1
To amend and reenact R.S. 15:574.11(D), relative to judicial review of certain2
administrative decisions; to provide that the Board of Parole is the only proper3
defendant in petitions for judicial review of administrative decisions by the board;4
and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 15:574.11(D) is hereby amended and reenacted to read as follows:7
ยง574.11. Finality of board determinations; venue; jurisdiction and procedure;8
peremptive period; service of process9
* * *10
D. Petitions for review that allege a denial of a revocation hearing under the11
provisions of R.S. 15:574.9 shall be subject to a peremptive period of ninety days12
after the date of revocation by the Board of Parole. When revocation is based upon13
the conviction of a new felony while on parole, the ninety-day peremptive period14
shall commence on the date of final judgment of the new felony. Petitions for review15
filed after this peremptive period shall be dismissed with prejudice. Service of16
process of petitions for review shall be made upon the chairman of the Board of17 SB NO. 577
SLS 10RS-940 ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Parole or his designee. The only proper party defendant in an action under this1
Section shall be the Board of Parole.2
* * *3
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Heyward Jeffers.
DIGEST
Present law provides that parole is an administrative device for the rehabilitation of prisoners
under supervised freedom.
Present law provides that venue in any action by an individual committed to the Department
of Public Safety and Corrections contesting an action by the Board of Parole shall be East
Baton Rouge.
Present law provides that the district court shall have appellate jurisdiction over pleadings
alleging a violation of the parole process by the board.
Present law provides that petitions filed to review a denial of a revocation hearing by the
board shall be subject to a peremptive period of 90 days after the conviction of a new felony
while on parole.
Proposed law provides that the only proper party defendant in an action contesting
revocation of parole shall be the board.
Effective August 15, 2010.
(Amends R.S. 15:574.11(D))