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Regular Session, 2011
HOUSE BILL NO. 414
BY REPRESENTATIVES LOPINTO AND MORENO AND SENATOR JACKSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
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
Section 1. Code of Criminal Procedure Articles 880 and 892(B)(1)(introductory18
paragraph) and (c) are hereby amended and reenacted to read as follows:19
Art. 880. Credit for prior custody; limitations20
A. A defendant shall receive credit toward service of his sentence for time21
spent in actual custody prior to the imposition of sentence. Under the provisions of22 ENROLLEDHB NO. 414
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this Article, no defendant shall receive more than thirty days of jail credit for any1
calendar month while serving a term for consecutive sentences.2
B. A defendant shall receive credit only for time in actual custody and only3
once during any calendar month when consecutive sentences are imposed.4
C. No defendant shall receive credit for any time served prior to the5
commission of the crime.6
D. A defendant shall not receive credit for time served under home7
incarceration.8
E. A defendant shall not receive overlapping jail credit, except in the9
instance of concurrent sentences and then only for time spent in jail on the instant10
felony.11
* * *12
Art. 892. Post-sentence statement by sheriff; accompanying documents13
* * *14
B.(1) When a sheriff's statement is required as set forth above pursuant to15
Paragraph A of this Article, the clerk of court shall also prepare the following16
documents: 17
* * *18
(c) The name and address of the judge and of the district attorney who19
participated in the trial. A copy of the Uniform Sentencing Commitment Order in20
the format authorized by the Louisiana Supreme Court which shall include the name21
and address of the judge, the district attorney, and the defense attorney who22
participated in the sentencing trial.23
* * *24
Section 2. R.S. 15:571.3(A)(1), (B)(1)(a), (2), and (3), and (C) are hereby amended25
and reenacted and R.S. 15:571.3(B)(4) is hereby enacted to read as follows:26
§571.3. Diminution of sentence for good behavior27
A.(1) Every prisoner in a parish prison convicted of an offense and sentenced28
to imprisonment without hard labor, except a prisoner convicted a second time of a29
crime of violence as defined by R.S. 14:2(B) or when the sentencing court has denied30 ENROLLEDHB NO. 414
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or conditioned eligibility for "good time" as provided in R.S. 15:537, may earn a1
diminution of sentence, to be known as "good time", by good behavior and2
performance of work or self-improvement activities, or both. The amount of3
diminution of sentence allowed under this Paragraph shall be at the rate of thirty days4
for every thirty days in actual custody, except for a prisoner convicted a first time of5
a crime of violence, as defined in R.S. 14:2(B), who shall earn diminution of6
sentence at the rate of three days for every seventeen days in actual custody held on7
the imposed sentence, including, in either case, time spent in custody with good8
behavior prior to sentence sentencing for the particular sentence imposed which the9
prisoner is given credit as authorized by Code of Criminal Procedure Article 880.10
* * *11
B.(1)(a) Except as provided in Paragraph (B)(2) of this Section Unless12
otherwise prohibited, every inmate in the custody of the department who has been13
convicted of a felony, except an inmate convicted a second time of a crime of14
violence as defined by R.S. 14:2(B), and sentenced to imprisonment for a stated15
number of years or months, or when the sentencing court has denied or conditioned16
eligibility for "good time" as provided in R.S. 15:537, may earn, in lieu of incentive17
wages, a diminution of sentence by good behavior and performance of work or18
self-improvement activities, or both, to be known as "good time". Those inmates19
serving life sentences will be credited with good time earned which will be applied20
toward diminution of their sentences at such time as the life sentences might be21
commuted to a specific number of years. The secretary shall establish regulations22
for awarding and recording of good time and shall determine when good time has23
been earned toward diminution of sentence. The amount of diminution of sentence24
allowed under the provisions of this Section shall be at the rate of thirty-five days for25
every thirty days in actual custody served on the imposed sentence, including time26
spent in custody with good behavior prior to sentencing for the particular sentence27
imposed as authorized by the provisions of Code of Criminal Procedure Article 880.28
* * *29 ENROLLEDHB NO. 414
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(2)(a) An inmate convicted a first time of a crime of violence as defined in1
R.S. 14:2(B), shall earn diminution of sentence at a rate of three days for every2
seventeen days in actual custody held on the imposed sentence, including time spent3
in custody with good behavior prior to sentence sentencing for the particular4
sentence imposed for which defendant is given credit as authorized by Code of5
Criminal Procedure Article 880.6
(b) If a person is convicted of or pleads guilty to, or where adjudication has7
been deferred or withheld for a violation of R.S. 14:78 (incest), R.S. 14:78.18
(aggravated incest), R.S. 14:80 (felony carnal knowledge of a juvenile), R.S. 14:819
(indecent behavior with juveniles), R.S. 14:81.1 (pornography involving juveniles),10
R.S. 14:81.2 (molestation of a juvenile), R.S. 14:89(A)(1) (crime against nature),11
R.S. 14:89.1 (aggravated crime against nature), R.S. 14:93.5 (sexual battery of the12
infirm) or any provision of Subpart C of Part II of Chapter 1 of Title 14 of the13
Louisiana Revised Statutes of 1950, and is sentenced to imprisonment for a stated14
number of years or months, the person shall not be eligible for diminution of15
sentence for good behavior.16
(3) Under the provisions of this Section, no inmate shall receive more than17
thirty-five days of good time or thirty days of jail credit for any calendar month18
while serving a term for consecutive sentences.19
(3) A person shall not be eligible for diminution of sentence for good20
behavior if he has been convicted of or pled guilty to, or where adjudication has21
been deferred or withheld for, a violation of any one of the following offenses:22
(a) Rape (R.S. 14:41).23
(b) Aggravated rape (R.S. 14:42).24
(c) Forcible rape (R.S. 14:42.1).25
(d) Simple rape (R.S. 14:43).26
(e) Sexual battery (R.S. 14:43.1).27
(f) Second degree sexual battery (R.S. 14:43.2).28
(g) Oral sexual battery (R.S. 14:43.3).29
(h) Intentional exposure to AIDS virus (R.S. 14:43.5).30 ENROLLEDHB NO. 414
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(i) Incest (R.S. 14:78).1
(j) Aggravated incest (R.S. 14:78.1).2
(k) Felony carnal knowledge of a juvenile (R.S. 14:80).3
(l) Indecent behavior with juveniles (R.S. 14:81).4
(m) Pornography involving juvenile (R.S. 14:81.1).5
(n) Molestation of a juvenile (R.S. 14:81.2).6
(o) Computer-aided solicitation of a minor (R.S. 14:81.3).7
(p) Crime against nature (R.S. 14:89(A)).8
(q) Aggravated crime against nature (R.S. 14:89.1).9
(r) Sexual battery of the infirm (R.S. 14:93.5).10
(4) Diminution of sentence shall not be allowed an inmate in the custody of11
the Department of Public Safety and Corrections if the inmate has been convicted12
one or more times under the laws of this state, any other state, or the federal13
government of any one or more of the following crimes or attempts to commit any14
of the following crimes:15
(a) Felony carnal knowledge of a juvenile.16
(b) Indecent behavior with juveniles.17
(c) Molestation of a juvenile.18
(d) Incest.19
(e) Aggravated incest.20
C. Diminution of sentence shall not be allowed an inmate in the custody of21
the Department of Public Safety and Corrections if any of the following apply:22
(1) The inmate has been convicted one or more times under the laws of this23
state of any one or more of the following crimes:24
(a) First degree murder.25
(b) Second degree murder.26
(c) Manslaughter.27
(d) Aggravated battery.28
(e) Aggravated rape.29
(f) Forcible rape.30 ENROLLEDHB NO. 414
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(g) Simple rape.1
(h) Aggravated kidnapping.2
(i) Aggravated burglary.3
(j) Simple burglary.4
(k) Armed robbery.5
(l) Simple robbery.6
(m) A violation of R.S. 14:67 which is a felony.7
(n) A violation of R.S. 14:95 which is a felony.8
(o) A violation of R.S. 14:95.1 which is a felony.9
(p) A violation of Chapter 9 of Title 40 of the Louisiana Revised Statutes of10
1950 which is a felony.11
(q) Any crime of violence as defined by R.S. 14:2(B).12
(r) Looting during the existence of a state of emergency;13
(s) A violation of the Louisiana Controlled Dangerous Substances Law14
which is a felony; or15
(t) Any felony which is defined as an attempt to commit one of the crimes16
enumerated in Subparagraphs (a) through (s) of this Paragraph, and17
(2)(1) The inmate has been sentenced as an habitual offender under the18
Habitual Offender Law as set forth in R.S. 15:529.1, and.19
(3) The inmate's last conviction for the purposes of the Habitual Offender20
Law, was for a crime: (a) Committed during the period beginning September 16,21
1975 through September 9, 1977, inclusive of both dates, and the sentence of the22
court specifically denies eligibility for diminution of sentence, or (b) committed on23
or after September 10, 1977.24
(4) The inmate has been convicted one or more times under the laws of this25
state, any other state, or the federal government of any one or more of the following26
crimes or attempts to commit any of the following crimes:27
(a) Carnal knowledge of a juvenile.28
(b) Indecent behavior with juveniles.29
(c) Molestation of a juvenile.30 ENROLLEDHB NO. 414
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(d) Incest.1
(e) Aggravated incest.2
(5)(2) The trial court, in its discretion, prohibits the earning of such3
diminution of sentence for any person convicted of a violation of R.S. 14:40.2.4
* * *5
Section 3. R.S. 15:571.4, 571.5(A), 574.9(E), 828(B), and 833.1(E) are hereby6
amended and reenacted to read as follows:7
§571.4. Forfeiture of diminution of sentence8
A. Determination shall be made by the secretary on a monthly basis as to9
whether good time or credits toward the reduction of the projected good time parole10
supervision date has been earned by inmates in the department's custody. Good time,11
or credits toward the reduction of the projected good time parole supervision date,12
which has been earned by inmates in the custody of the Department of Public Safety13
and Corrections, hereinafter referred to as the "department", shall not be forfeited14
except as provided in Subsection D of this Section.15
B.(1) An inmate who is sentenced to the custody of the Department of Public16
Safety and Corrections and who commits a simple or aggravated escape, as defined17
in R.S. 14:110, from any correctional facility, work-release facility or from the18
lawful custody of any law enforcement officer or officer of the department, or, in the19
case of an inmate serving a sentence and participating in a work-release program20
authorized by law, fails to report to or return from his planned employment or other21
activity under the program, may forfeit all good time and credits toward the22
reduction of the projected good time parole supervision date earned on that portion23
of his sentence served prior to his escape.24
(2) An inmate who has been returned to the custody of the department25
because of a violation of the terms of parole granted by the Board of Parole shall26
forfeit all good time earned or credits toward the reduction of the projected good27
time parole supervision date on that portion of the sentence served prior to the28
granting of parole.29 ENROLLEDHB NO. 414
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(3) An inmate who is sentenced to the custody of the department and who1
commits a battery on an employee of the Department of Public Safety and2
Corrections or any police officer as defined in R.S. 14:34.2 may forfeit good time3
earned or credits toward the reduction of the projected good time parole supervision4
date on that portion of the sentence served prior to committing the battery of such5
person, up to a maximum of one hundred eighty days.6
(4) In all other cases, forfeiture of good time or credits toward the reduction7
of the projected good time parole supervision date may include up to a maximum of8
one hundred eighty days.9
C. The secretary may promulgate rules and regulations regarding the10
restoration of previously forfeited good time for disciplinary violations or credits11
toward the reduction of the projected good time parole supervision date. In order to12
be eligible for restoration of good time or credits toward the reduction of the13
projected good time parole supervision date which has been previously forfeited, the14
inmate shall not have been found guilty of any disciplinary violation for a15
consecutive twenty-four month period. Restoration of previously forfeited good time16
or credits toward the reduction of the projected good time parole supervision date17
shall not exceed five hundred forty days.18
D. The department shall adopt rules to govern the imposition of the forfeiture19
of good time or credits toward the reduction of the projected good time parole20
supervision date for the causes enumerated in Subsection B of this Section and the21
restoration of good time or credits toward the reduction of the projected good time22
parole supervision date under the conditions enumerated in Subsection C of this23
Section. The rules shall be adopted in accordance with the Administrative Procedure24
Act. The rules shall provide that an inmate has the right to a hearing on any charges25
which are punishable by the forfeiture of good time or credits toward the reduction26
of the projected good time parole supervision date and that the inmate may waive27
that right. The rules shall be consistent with and shall implement the provisions of28
the constitutional, statutory, and jurisprudential requirements which govern the29 ENROLLEDHB NO. 414
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forfeiture of good time or credits toward the reduction of the projected good time1
parole supervision date.2
§571.5. Supervision upon release after diminution of sentence for good behavior;3
conditions of release; revocation 4
A.(1) When a prisoner committed to the Department of Public Safety and5
Corrections is released because of diminution of sentence pursuant to this Part, he6
shall be released as if released on parole.7
(2) At least three months prior to the anticipated release due to diminution8
of sentence, the secretary of the department shall notify the parole board and provide9
such information as is necessary to allow the board to establish such conditions as10
provided in R.S. 15:574.4(H) as may be reasonably necessary to facilitate11
supervision. If diminution of sentence is not prohibited by R.S. 15:571.3(C)(1) and12
the sentence is for a sexual offense as enumerated in R.S. 15:574.4(H)(2), then the13
provisions of R.S. 15:574.4(H)(2)(a) and (b) and (3) apply.14
* * *15
§574.9. Revocation of parole for violation of condition; board panels; return to16
custody hearing; duration of reimprisonment and reparole after revocation;17
credit for time served; revocation for a technical violation18
* * *19
E. When the parole of a parolee has been revoked by the board for the20
violation of the conditions of parole, the parolee shall be returned to the physical21
custody of the Department of Public Safety and Corrections, corrections services,22
and serve the remainder of his sentence as of the date of his release on parole, subject23
to consideration by the board of any commutation of the sentence, and any credit for24
time served for good behavior while on parole. The parolee shall be given credit for25
time served prior to the revocation hearing whether such time is for time served in26
actual custody while being held for a parole violation in a local detention facility,27
state institution, or out-of-state institution pursuant to Code of Criminal Procedure28
Article 880.29
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§828. Classification and treatment programs; qualified sex offender programs;1
reports; additional good time earned credits2
* * *3
B. The secretary shall adopt rules and regulations for local jail facilities and4
state correctional institutions to encourage voluntary participation by inmates in5
certified treatment and rehabilitation programs, including but not limited to basic6
education, job skills training, values development and faith-based initiatives,7
therapeutic programs, and treatment programs. When funds are provided, such8
educational programs shall be available at each penal or correctional institution9
under the jurisdiction of the department. The rules and regulations may include10
provisions for furloughs or the awarding of good time, in addition to the provisions11
of R.S. 15:571.3(B), for offenders who are otherwise eligible earned credits toward12
the reduction of the projected good time parole supervision date. Offenders may be13
awarded up to one hundred eighty ninety days good time toward the reduction of the14
projected good time parole supervision date for satisfactory participation in each15
approved program pursuant to the provisions of this Subsection, but no offender shall16
receive more than five hundred forty days total good time two hundred fifty days17
total earned credits toward the reduction of the projected good time parole18
supervision date for program participation.19
* * *20
§833.1. Community resource centers; participation; conditions21
* * *22
E. Inmates participating in the community resource center shall be eligible23
to earn a maximum of thirty days of good time earned credits toward the reduction24
of the projected good time parole supervision date in addition to that otherwise25
authorized by law for every thirty days of service in this program.26
* * *27
Section 4. Code of Criminal Procedure Article 890.1 and R.S. 15:571.6 and 571.828
are hereby repealed in their entirety.29 ENROLLEDHB NO. 414
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Section 5. The provisions of Section 2 of this Act shall only apply to those persons1
sentenced on or after August 15, 2011.2
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: