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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. 621
BY SENATOR MARTINY
PROBATION/PAROLE. Provides for parole eligibility. (8/15/10)
AN ACT1
To enact R.S. 15:574.4(A)(4), relative to parole eligibility; to provide for eligibility for2
parole consideration for certain offenders sentenced as a habitual offender; and to3
provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 15:574.4(A)(4) is hereby enacted to read as follows: 6
ยง574.4. Parole; eligibility; consideration and hearings; decisions of board; nature,7
order, and conditions; rules of conduct; offenders convicted of crimes8
of violence; infectious disease testing9
A. * * *10
(4) A person who is imprisoned for the remainder of his natural life,11
without benefit of parole, probation, or suspension of sentence pursuant to R.S.12
15:529.1 shall be eligible for parole consideration upon serving at least fifteen13
years of the life sentence in actual custody and upon reaching the age of forty-14
five, provided all of the following conditions are met:15
(a) The offender has not been convicted of a crime of violence as defined16
in R.S. 14:2(B) or a sex offense as defined in R.S. 15:541, or convicted of an17 SB NO. 621
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
offense which would constitute a crime of violence as defined in R.S. 14:2(B) or1
a sex offense as defined in R.S. 15:541, regardless of the date of conviction.2
(b) The offender has not committed any disciplinary offenses in the3
twelve consecutive months prior to the parole eligibility date.4
(c) The offender has completed the mandatory minimum of one hundred5
hours of pre-release programming in accordance with R.S. 15:827.1.6
(d) The offender has completed substance abuse treatment as applicable.7
(e) The offender has obtained a GED credential, unless the offender has8
previously obtained a high school diploma or is deemed by a certified educator9
as being incapable of obtaining a GED credential due to a learning disability.10
If the offender is deemed incapable of obtaining a GED credential, the offender11
must complete at least one of the following: a literacy program, an adult basic12
education program, or a job skills training program.13
(f) The offender has obtained a low-risk level designation determined by14
a validated risk assessment instrument approved by the secretary of the15
Department of Public Safety and Corrections.16
* * *17
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michelle Ducharme.
DIGEST
Martiny (SB 621)
Present law provides for eligibility for parole consideration for certain offenders.
Proposed law retains present law and provides that a person who is imprisoned for the
remainder of his natural life, without benefit of parole, probation, or suspension of sentence
pursuant to the Habitual Offender Law shall be eligible for parole consideration upon
serving at least 15 years of the life sentence in actual custody and upon reaching the age of
45 provided all of the following conditions are met:
(1)The offender has not been convicted of a crime of violence or a sex offense, or
convicted of an offense which would constitute a crime of violence or a sex offense,
regardless of the date of conviction.
(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. SB NO. 621
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(4) The offender has completed substance abuse treatment as applicable.
(5)The offender has obtained a GED credential, unless the offender has previously
obtained a high school diploma or is deemed by a certified educator as being
incapable of obtaining a GED credential due to a learning disability. If the offender
is deemed incapable of obtaining a GED credential, 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 the DPS&C.
Effective August 15, 2010.
(Adds R.S. 15:574.4(A)(4))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill.
1. Adds to criteria to determine whether certain offenders will be eligible for
parole consideration.