ENROLLED
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CODING: Words in struck through type are deletions from existing law; words underscored
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.
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
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(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
which would constitute a crime of violence as defined in R.S. 14:2(B) or a sex20
offense as defined in R.S. 15:541, regardless of the date of conviction.21
(b) The offender has not committed any disciplinary offenses in twelve22
consecutive months prior to the parole eligibility date.23 ENROLLEDHB NO. 138
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(c) The offender has completed the mandatory minimum of one hundred1
hours of prerelease programming in accordance with the provisions of R.S. 15:827.12
if such programming is available at the facility where the offender is incarcerated.3
(d) The offender has completed substance abuse treatment as applicable.4
(e) The offender has obtained a GED credential, unless the offender has5
previously obtained a high school diploma or is deemed by a certified educator as6
being incapable of obtaining a GED credential due to a learning disability. If the7
offender is deemed incapable of obtaining a GED credential, the offender shall8
complete at least one of the following: a literacy program, an adult basic education9
program, or a job-skills training program.10
(f) The offender has obtained a low-risk level designation determined by a11
validated risk assessment instrument approved by the secretary of the Department12
of Public Safety and Corrections.13
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: