HLS 12RS-1022 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 283
BY REPRESENTATIVE HONORE
JUVENILE PROCEDURE: Provides relative to parole eligibility for certain juveniles
AN ACT1
To amend and reenact R.S. 15:574.4(B) and to enact R.S. 15:574.4(D), relative to juvenile2
parole eligibility; to provide relative to juvenile parole eligibility; to provide for3
parole eligibility for juveniles sentenced to life imprisonment for certain offenses;4
to provide for exceptions; to provide for conditions; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 15:574.4(B) is hereby amended and reenacted and R.S. 15:574.4(D)8
is hereby enacted to read as follows: 9
ยง574.4. Parole; eligibility10
* * *11
B. No person shall be eligible for parole consideration who has been12
convicted of armed robbery and denied parole eligibility under the provisions of R.S.13
14:64. No Except as provided in Subsection D of this Section, no prisoner serving14
a life sentence shall be eligible for parole consideration until his life sentence has15
been commuted to a fixed term of years. No prisoner sentenced as a serial sexual16
offender shall be eligible for parole. No prisoner may be paroled while there is17
pending against him any indictment or information for any crime suspected of having18
been committed by him while a prisoner. Notwithstanding any other provisions of19
law to the contrary, a person convicted of a crime of violence and not otherwise20 HLS 12RS-1022 ORIGINAL
HB NO. 283
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ineligible for parole shall serve at least eighty-five percent of the sentence imposed,1
before being eligible for parole. The victim or victim's family shall be notified2
whenever the offender is to be released provided that the victim or victim's family3
has completed a Louisiana victim notice and registration form as provided in R.S.4
46:1841 et seq., or has otherwise provided contact information and has indicated to5
the Department of Public Safety and Corrections, Crime Victims Services Bureau,6
that they desire such notification.7
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D.(1) Notwithstanding any provision of law to the contrary, any person9
serving a sentence of life imprisonment who was under the age of eighteen years at10
the time of the commission of the offense, except for a person serving a life sentence11
for a conviction of first degree murder (R.S. 14:30) or second degree murder (R.S.12
14:30.1), shall be eligible for parole consideration pursuant to the provisions of this13
Subsection if all of the following conditions have been met:14
(a) The offender has served twenty years of the sentence imposed and is at15
least forty-five years of age.16
(b) The offender has not committed any serious disciplinary offenses, as17
defined by the Disciplinary Rules for Adult Offenders adopted by the Department18
of Public Safety and Corrections, within twelve consecutive months prior to the19
review.20
(2) For each offender eligible for parole consideration pursuant to the21
provisions of this Subsection, the board shall meet in a three-member panel and all22
of the following shall occur:23
(a) Each member of the panel shall be provided with and shall consider all24
of the following:25
(i) The offender's validated risk assessment instrument which shall be26
prepared by the secretary of the Department of Public Safety and Corrections for use27
in evaluating the risks associated with releasing the offender on parole.28 HLS 12RS-1022 ORIGINAL
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(ii) A written evaluation of the offender by a person who has expertise in1
adolescent brain development and behavior.2
(iii) Any other relevant evidence pertaining to the offender.3
(b) The panel shall decide, by a majority vote, whether or not to release the4
offender on parole.5
(c) The panel shall render specific findings of fact in support of its decision.6
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)]
Honore HB No. 283
Abstract: Provides for parole eligibility for juveniles serving a sentence of life
imprisonment for convictions of certain crimes.
Present law allows persons who were under the age of 18 at the time of the commission of
the offense to be sentenced to life imprisonment without the benefit of parole for certain
crimes, including first degree murder, second degree murder, aggravated rape, and
aggravated kidnapping.
In the case of Graham v. Florida (130 S.Ct. 2011 (2010)), the U.S. Supreme Court held that
the Eighth Amendment's "cruel and unusual punishment" clause does not permit a juvenile
offender to be sentenced to life in prison without a reasonable opportunity for parole for a
non-homicide crime.
Proposed law amends present law to allow persons who were under the age of 18 at the time
of the commission of the offense, except those persons serving a sentence for a conviction
of first degree murder or second degree murder, to be eligible for parole consideration upon
reaching the age of 45 and upon serving 20 years of the sentence imposed when certain
conditions have been met.
Proposed law provides for the procedure by which such parole decisions shall be made.
(Amends R.S. 15:574.4(B); Adds R.S. 15:574.4(D))