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Regular Session, 2011
HOUSE BILL NO. 414
BY REPRESENTATIVES LOPINTO AND MORENO
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/SENTENCING: Revises and consolidates statutes providing for the diminution
of sentence
AN ACT1
To amend and reenact Code of Criminal Procedure Articles 880 and 892(B)(1)(introductory2
paragraph) and (c) and R.S. 15:571.3(A)(1), (B)(1)(a), (2), and (3), and (C), 571.4,3
571.5(A), 574.9(E), 828(B), and 833.1(E), to enact R.S. 15:571.3(B)(4), and to4
repeal Code of Criminal Procedure Article 890.1 and R.S. 15:571.6 and 571.8,5
relative to diminution of sentence and parole eligibility; to provide for the receipt of6
credit for prior custody; to provide for inclusion of the Uniform Sentencing7
Commitment Order in documents accompanying post-sentence sheriff's statement;8
to provide with respect to the earning of diminution of sentence for certain offenses;9
to provide for the reorganization of certain provisions of law regarding diminution10
of sentence; to provide for applicability; to authorize diminution of sentence for11
certain offenses; to provide for the forfeiture of earned credits toward the reduction12
of the projected good time parole supervision date; to provide for the forfeiture of13
credit for time served in actual custody; to provide for the earning of additional14
credits toward the reduction of the projected good time parole supervision date; and15
to provide for related matters.16
Be it enacted by the Legislature of Louisiana:17 HLS 11RS-240 ENGROSSED
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Section 1. Code of Criminal Procedure Articles 880 and 892(B)(1)(introductory1
paragraph) and (c) are hereby amended and reenacted to read as follows:2
Art. 880. Credit for prior custody; limitations3
A. A defendant shall receive credit toward service of his sentence for time4
spent in actual custody prior to the imposition of sentence. Under the provisions of5
this Article, no defendant shall receive more than thirty days of jail credit for any6
calendar month while serving a term for consecutive sentences.7
B. A defendant shall receive credit only for time in actual custody once8
during any calendar month when consecutive sentences are imposed.9
C. No defendant shall receive credit for any time served prior to the10
commission of the crime.11
D. A defendant shall not receive credit for time served under home12
incarceration.13
E. A defendant shall not receive overlapping jail credit, except in the14
instance of concurrent sentences and then only for time spent in jail on the instant15
felony.16
* * *17
Art. 892. Post-sentence statement by sheriff; accompanying documents18
* * *19
B.(1) When a sheriff's statement is required as set forth above pursuant to20
Paragraph A of this Article, the clerk of court shall also prepare the following21
documents: 22
* * *23
(c) The name and address of the judge and of the district attorney who24
participated in the trial. A copy of the Uniform Sentencing Commitment Order in25
the format authorized by the Louisiana Supreme Court which shall include the name26
and address of the judge, the district attorney, and the defense attorney who27
participated in the sentencing trial.28
* * *29 HLS 11RS-240 ENGROSSED
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Section 2. R.S. 15:571.3(A)(1), (B)(1)(a), (2), and (3), and (C) are hereby amended1
and reenacted and R.S. 15:571.3(B)(4) is hereby enacted to read as follows:2
§571.3. Diminution of sentence for good behavior3
A.(1) Every prisoner in a parish prison convicted of an offense and sentenced4
to imprisonment without hard labor, except a prisoner convicted a second time of a5
crime of violence as defined by R.S. 14:2(B) or when the sentencing court has denied6
or conditioned eligibility for "good time" as provided in R.S. 15:537, may earn a7
diminution of sentence, to be known as "good time", by good behavior and8
performance of work or self-improvement activities, or both. The amount of9
diminution of sentence allowed under this Paragraph shall be at the rate of thirty days10
for every thirty days in actual custody, except for a prisoner convicted a first time of11
a crime of violence, as defined in R.S. 14:2(B), who shall earn diminution of12
sentence at the rate of three days for every seventeen days in actual custody held on13
the imposed sentence, including in either case time spent in custody with good14
behavior prior to sentence for the particular sentence imposed which the prisoner is15
given credit as authorized by Code of Criminal Procedure Article 880.16
* * *17
B.(1)(a) Except as provided in Paragraph (B)(2) of this Section Unless18
otherwise prohibited, every inmate in the custody of the department who has been19
convicted of a felony, except an inmate convicted a second time of a crime of20
violence as defined by R.S. 14:2(B), and sentenced to imprisonment for a stated21
number of years or months, or when the sentencing court has denied or conditioned22
eligibility for "good time" as provided in R.S. 15:537, may earn, in lieu of incentive23
wages, a diminution of sentence by good behavior and performance of work or24
self-improvement activities, or both, to be known as "good time". Those inmates25
serving life sentences will be credited with good time earned which will be applied26
toward diminution of their sentences at such time as the life sentences might be27
commuted to a specific number of years. The secretary shall establish regulations28
for awarding and recording of good time and shall determine when good time has29 HLS 11RS-240 ENGROSSED
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been earned toward diminution of sentence. The amount of diminution of sentence1
allowed under the provisions of this Section shall be at the rate of thirty-five days for2
every thirty days in actual custody of one and one-half days for every one day in3
actual custody served on the imposed sentence, including time spent in custody with4
good behavior prior to sentence for the particular sentence imposed as authorized by5
the provisions of Code of Criminal Procedure Article 880.6
* * *7
(2)(a) An inmate convicted a first time of a crime of violence as defined in8
R.S. 14:2(B), shall earn diminution of sentence at a rate of three days for every9
seventeen days in actual custody held on the imposed sentence, including time spent10
in custody with good behavior prior to sentence for the particular sentence imposed11
for which defendant is given credit as authorized by Code of Criminal Procedure12
Article 880.13
(b) If a person is convicted of or pleads guilty to, or where adjudication has14
been deferred or withheld for a violation of R.S. 14:78 (incest), R.S. 14:78.115
(aggravated incest), R.S. 14:80 (felony carnal knowledge of a juvenile), R.S. 14:8116
(indecent behavior with juveniles), R.S. 14:81.1 (pornography involving juveniles),17
R.S. 14:81.2 (molestation of a juvenile), R.S. 14:89(A)(1) (crime against nature),18
R.S. 14:89.1 (aggravated crime against nature), R.S. 14:93.5 (sexual battery of the19
infirm) or any provision of Subpart C of Part II of Chapter 1 of Title 14 of the20
Louisiana Revised Statutes of 1950, and is sentenced to imprisonment for a stated21
number of years or months, the person shall not be eligible for diminution of22
sentence for good behavior.23
(3) Under the provisions of this Section, no inmate shall receive more than24
thirty-five days of good time or thirty days of jail credit for any calendar month25
while serving a term for consecutive sentences.26
(3) A person shall not be eligible for diminution of sentence for good27
behavior if he has been convicted of or pled guilty to, or where adjudication has28
been deferred or withheld for, a violation of any one of the following offenses:29 HLS 11RS-240 ENGROSSED
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(a) Rape (R.S. 14:41).1
(b) Aggravated rape (R.S. 14:42).2
(c) Forcible rape (R.S. 14:42.1).3
(d) Simple rape (R.S. 14:43).4
(e) Sexual battery (R.S. 14:43.1).5
(f) Second degree sexual battery (R.S. 14:43.2).6
(g) Oral sexual battery (R.S. 14:43.3).7
(h) Intentional exposure to AIDS virus (R.S. 14:43.5).8
(i) Incest (R.S. 14:78).9
(j) Aggravated incest (R.S. 14:78.1).10
(k) Felony carnal knowledge of a juvenile (R.S. 14:80).11
(l) Indecent behavior with juveniles (R.S. 14:81).12
(m) Pornography involving juvenile (R.S. 14:81.1).13
(n) Molestation of a juvenile (R.S. 14:81.2).14
(o) Computer-aided solicitation of a minor (R.S. 14:81.3).15
(p) Crime against nature (R.S. 14:89(A)).16
(q) Aggravated crime against nature (R.S. 14:89.1).17
(r) Sexual battery of the infirm (R.S. 14:93.5).18
(4) Diminution of sentence shall not be allowed an inmate in the custody of19
the Department of Public Safety and Corrections if the inmate has been convicted20
one or more times under the laws of this state, any other state, or the federal21
government of any one or more of the following crimes or attempts to commit any22
of the following crimes:23
(a) Felony carnal knowledge of a juvenile.24
(b) Indecent behavior with juveniles.25
(c) Molestation of a juvenile.26
(d) Incest.27
(e) Aggravated incest.28 HLS 11RS-240 ENGROSSED
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C. Diminution of sentence shall not be allowed an inmate in the custody of1
the Department of Public Safety and Corrections if any of the following apply:2
(1) The inmate has been convicted one or more times under the laws of this3
state of any one or more of the following crimes:4
(a) First degree murder.5
(b) Second degree murder.6
(c) Manslaughter.7
(d) Aggravated battery.8
(e) Aggravated rape.9
(f) Forcible rape.10
(g) Simple rape.11
(h) Aggravated kidnapping.12
(i) Aggravated burglary.13
(j) Simple burglary.14
(k) Armed robbery.15
(l) Simple robbery.16
(m) A violation of R.S. 14:67 which is a felony.17
(n) A violation of R.S. 14:95 which is a felony.18
(o) A violation of R.S. 14:95.1 which is a felony.19
(p) A violation of Chapter 9 of Title 40 of the Louisiana Revised Statutes of20
1950 which is a felony.21
(q) Any crime of violence as defined by R.S. 14:2(B).22
(r) Looting during the existence of a state of emergency;23
(s) A violation of the Louisiana Controlled Dangerous Substances Law24
which is a felony; or25
(t) Any felony which is defined as an attempt to commit one of the crimes26
enumerated in Subparagraphs (a) through (s) of this Paragraph, and27 HLS 11RS-240 ENGROSSED
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(2)(1) The inmate has been sentenced as an habitual offender under the1
Habitual Offender Law as set forth in R.S. 15:529.1, and.2
(3) The inmate's last conviction for the purposes of the Habitual Offender3
Law, was for a crime: (a) Committed during the period beginning September 16,4
1975 through September 9, 1977, inclusive of both dates, and the sentence of the5
court specifically denies eligibility for diminution of sentence, or (b) committed on6
or after September 10, 1977.7
(4) The inmate has been convicted one or more times under the laws of this8
state, any other state, or the federal government of any one or more of the following9
crimes or attempts to commit any of the following crimes:10
(a) Carnal knowledge of a juvenile.11
(b) Indecent behavior with juveniles.12
(c) Molestation of a juvenile.13
(d) Incest.14
(e) Aggravated incest.15
(5)(2) The trial court, in its discretion, prohibits the earning of such16
diminution of sentence for any person convicted of a violation of R.S. 14:40.2.17
* * *18
Section 3. R.S. 15:571.4, 571.5(A), 574.9(E), 828(B), and 833.1(E) are hereby19
amended and reenacted to read as follows:20
§571.4. Forfeiture of diminution of sentence21
A. Determination shall be made by the secretary on a monthly basis as to22
whether good time or credits toward the reduction of the projected good time parole23
supervision date has been earned by inmates in the department's custody. Good time,24
or credits toward the reduction of the projected good time parole supervision date,25
which has been earned by inmates in the custody of the Department of Public Safety26
and Corrections, hereinafter referred to as the "department", shall not be forfeited27
except as provided in Subsection D of this Section.28 HLS 11RS-240 ENGROSSED
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B.(1) An inmate who is sentenced to the custody of the Department of Public1
Safety and Corrections and who commits a simple or aggravated escape, as defined2
in R.S. 14:110, from any correctional facility, work-release facility or from the3
lawful custody of any law enforcement officer or officer of the department, or, in the4
case of an inmate serving a sentence and participating in a work-release program5
authorized by law, fails to report to or return from his planned employment or other6
activity under the program may forfeit all good time and credits toward the reduction7
of the projected good time parole supervision date earned on that portion of his8
sentence served prior to his escape.9
(2) An inmate who has been returned to the custody of the department10
because of a violation of the terms of parole granted by the Board of Parole shall11
forfeit all good time earned or credits toward the reduction of the projected good12
time parole supervision date on that portion of the sentence served prior to the13
granting of parole.14
(3) An inmate who is sentenced to the custody of the department and who15
commits a battery on an employee of the Department of Public Safety and16
Corrections or any police officer as defined in R.S. 14:34.2 may forfeit good time17
earned or credits toward the reduction of the projected good time parole supervision18
date on that portion of the sentence served prior to committing the battery of such19
person, up to a maximum of one hundred eighty days.20
(4) In all other cases, forfeiture of good time or credits toward the reduction21
of the projected good time parole supervision date may include up to a maximum of22
one hundred eighty days.23
C. The secretary may promulgate rules and regulations regarding the24
restoration of previously forfeited good time for disciplinary violations or credits25
toward the reduction of the projected good time parole supervision date. In order to26
be eligible for restoration of good time or credits toward the reduction of the27
projected good time parole supervision date which has been previously forfeited, the28
inmate shall not have been found guilty of any disciplinary violation for a29 HLS 11RS-240 ENGROSSED
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consecutive twenty-four month period. Restoration of previously forfeited good time1
or credits toward the reduction of the projected good time parole supervision date2
shall not exceed five hundred forty days.3
D. The department shall adopt rules to govern the imposition of the forfeiture4
of good time or credits toward the reduction of the projected good time parole5
supervision date for the causes enumerated in Subsection B of this Section and the6
restoration of good time or credits toward the reduction of the projected good time7
parole supervision date under the conditions enumerated in Subsection C of this8
Section. The rules shall be adopted in accordance with the Administrative Procedure9
Act. The rules shall provide that an inmate has the right to a hearing on any charges10
which are punishable by the forfeiture of good time or credits toward the reduction11
of the projected good time parole supervision date and that the inmate may waive12
that right. The rules shall be consistent with and shall implement the provisions of13
the constitutional, statutory, and jurisprudential requirements which govern the14
forfeiture of good time or credits toward the reduction of the projected good time15
parole supervision date.16
§571.5. Supervision upon release after diminution of sentence for good behavior;17
conditions of release; revocation 18
A.(1) When a prisoner committed to the Department of Public Safety and19
Corrections is released because of diminution of sentence pursuant to this Part, he20
shall be released as if released on parole.21
(2) At least three months prior to the anticipated release due to diminution22
of sentence, the secretary of the department shall notify the parole board and provide23
such information as is necessary to allow the board to establish such conditions as24
provided in R.S. 15:574.4(H) as may be reasonably necessary to facilitate25
supervision. If diminution of sentence is not prohibited by R.S. 15:571.3(C)(1) and26
the sentence is for a sexual offense as enumerated in R.S. 15:574.4(H)(2), then the27
provisions of R.S. 15:574.4(H)(2)(a) and (b) and (3) apply.28
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§574.9. Revocation of parole for violation of condition; board panels; return to1
custody hearing; duration of reimprisonment and reparole after revocation;2
credit for time served; revocation for a technical violation3
* * *4
E. When the parole of a parolee has been revoked by the board for the5
violation of the conditions of parole, the parolee shall be returned to the physical6
custody of the Department of Public Safety and Corrections, corrections services,7
and serve the remainder of his sentence as of the date of his release on parole, subject8
to consideration by the board of any commutation of the sentence, and any credit for9
time served for good behavior while on parole. The parolee shall be given credit for10
time served prior to the revocation hearing whether such time is for time served in11
actual custody while being held for a parole violation in a local detention facility,12
state institution, or out-of-state institution pursuant to Code of Criminal Procedure13
Article 880.14
* * *15
§828. Classification and treatment programs; qualified sex offender programs;16
reports; additional good time earned credits17
* * *18
B. The secretary shall adopt rules and regulations for local jail facilities and19
state correctional institutions to encourage voluntary participation by inmates in20
certified treatment and rehabilitation programs, including but not limited to basic21
education, job skills training, values development and faith-based initiatives,22
therapeutic programs, and treatment programs. When funds are provided, such23
educational programs shall be available at each penal or correctional institution24
under the jurisdiction of the department. The rules and regulations may include25
provisions for furloughs or the awarding of good time, in addition to the provisions26
of R.S. 15:571.3(B), for offenders who are otherwise eligible earned credits toward27
the reduction of the projected good time parole supervision date. Offenders may be28
awarded up to one hundred eighty ninety days good time toward the reduction of the29 HLS 11RS-240 ENGROSSED
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projected good time parole supervision date for satisfactory participation in each1
approved program pursuant to the provisions of this Subsection, but no offender shall2
receive more than five hundred forty days total good time two hundred fifty days3
total earned credits toward the reduction of the projected good time parole4
supervision date for program participation.5
* * *6
§833.1. Community resource centers; participation; conditions7
* * *8
E. Inmates participating in the community resource center shall be eligible9
to earn a maximum of thirty days of good time earned credits toward the reduction10
of the projected good time parole supervision date in addition to that otherwise11
authorized by law for every thirty days of service in this program.12
* * *13
Section 4. Code of Criminal Procedure Article 890.1 and R.S. 15:571.6 and 571.814
are hereby repealed in their entirety.15
Section 5. The provisions of Section 2 of this Act shall only apply to those persons16
sentenced on or after August 15, 2011.17
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)]
Lopinto HB No. 414
Abstract: Amends provisions of law governing diminution of sentence (good time).
Present law provides for the awarding of credit for prior custody prior to the imposition of
sentence at a maximum of 30 days of credit for any calendar month while serving
consecutive sentences.
Proposed law changes present law as follows:
(1)A defendant shall receive credit only for time in actual custody once during any
calendar month when consecutive sentences are imposed.
(2)No defendant shall receive credit for any time served prior to the commission of the
crime.
(3)A defendant shall not receive credit for time served under home incarceration. HLS 11RS-240 ENGROSSED
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(4)A defendant shall not receive overlapping jail credit, except in the instance of
concurrent sentences and then only for time spent in jail on the instant felony.
Proposed law provides that when a sheriff's post-sentence statement is required, the clerk of
court shall include in the accompanying documents a copy of the Uniform Sentencing
Commitment Order in the format authorized by the La. Supreme Court which shall include
the name and address of the judge, the district attorney, and the defense attorney who
participated in the sentencing trial.
Present law provides for inmates to earn diminution of sentence (good time) to reduce the
amount of time they are incarcerated at a rate of 35 days for every 30 days in actual custody.
Proposed law changes this rate to 1-1/2 days for every one day in actual custody including
time spent in custody with good behavior prior to sentence for the particular sentence
imposed.
Provides that this provision of proposed law applies only to those persons sentenced on or
after Aug. 15, 2011.
Present law provides for a rate of diminution of sentence for a first time offender convicted
of a crime of violence of three days for every 17 days in actual custody.
Proposed law retains present law.
Proposed law provides that the awarding of credit for time served will be governed by the
provisions of C.Cr.P. Art. 880.
Proposed law reorganizes present law.
(Amends C.Cr.P. Arts. 880 and 892(B)(1)(intro. para.) and (c) and R.S. 15:571.3(A)(1),
(B)(1)(a), (2), and (3), and (C), 571.4, 571.5(A), 574.9(E), 828(B), and 833.1(E); Adds R.S.
15:571.3(B)(4); Repeals C.Cr.P. Art. 890.1 and R.S. 15:571.6 and 571.8)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Deleted provision capping the restoration of previously forfeited good time at
250 days.
2. Changed proposed law regarding diminution of sentence rate to apply only to
those persons sentenced on or after Aug. 15, 2011.
3. Made technical changes.
4. Added that good time diminution of sentence shall include time spent in custody
with good behavior prior to sentence for the particular sentence imposed.