HLS 11RS-373 ENGROSSED
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are additions.
Regular Session, 2011
HOUSE BILL NO. 138
BY REPRESENTATIVE PATRICIA SMITH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CORRECTIONS/PRISONERS: Provides with respect to eligibility for parole consideration
for certain elderly inmates
AN ACT1
To enact R.S. 15:574.4(A)(4), relative to parole; to provide for eligibility for parole2
consideration for certain inmates who are at least sixty years of age and have met3
certain conditions; to provide for exceptions; and to 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 crimes of8
violence; infectious disease testing9
A.10
* * *11
(4) Notwithstanding any other provision of law to the contrary, unless12
eligible for parole at an earlier date, a person committed to the Department of Public13
Safety and Corrections for a term or terms of imprisonment with or without benefit14
of parole who has served at least ten years of the term or terms of imprisonment in15
actual custody shall be eligible for parole consideration upon reaching the age of16
sixty years if all of the following conditions are met:17
(a) The offender has not been convicted of a crime of violence as defined in18
R.S. 14:2(B) or a sex offense as defined in R.S. 15:541, or convicted of an offense19 HLS 11RS-373 ENGROSSED
HB NO. 138
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which would constitute a crime of violence as defined in R.S. 14:2(B) or a sex1
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 twelve3
consecutive months prior to the parole eligibility date.4
(c) The offender has completed the mandatory minimum of one hundred5
hours of prerelease programming in accordance with the provisions of R.S. 15:827.16
if such programming is available at the facility where the offender is incarcerated.7
(d) The offender has completed substance abuse treatment as applicable.8
(e) The offender has obtained a GED credential, unless the offender has9
previously obtained a high school diploma or is deemed by a certified educator as10
being incapable of obtaining a GED credential due to a learning disability. If the11
offender is deemed incapable of obtaining a GED credential, the offender shall12
complete at least one of the following: a literacy program, an adult basic education13
program, or a job-skills training program.14
(f) The offender has obtained a low-risk level designation determined by a15
validated risk assessment instrument approved by the secretary of the Department16
of Public Safety and Corrections.17
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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)]
Patricia Smith HB No. 138
Abstract: Provides for parole consideration for those inmates who have served 10 years in
prison, have reached the age of 60 years, and have met certain conditions.
Proposed law provides that any person sentenced to the custody of DPS&C who has served
at least 10 years of a term of imprisonment shall be eligible for parole consideration upon
reaching the age of 60 if all of the following conditions are met:
(1)The offender has not been convicted of a crime of violence or a sex offense, or 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. HLS 11RS-373 ENGROSSED
HB NO. 138
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are additions.
(3)The offender has completed the mandatory minimum of 100 hours of prerelease
programming if such programming is available at the facility where the offender is
incarcerated.
(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
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.
(Adds R.S. 15:574.4(A)(4))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Added provision requiring that prerelease programming must be available at the
facility where offender is incarcerated in order to be a requirement of parole
eligibility.