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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 ENGROSSED
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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
* * *8
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 thirty years of the sentence imposed.15
(b) The offender has not committed any disciplinary offense in the twelve16
consecutive months prior to the parole eligibility date.17
(c) The offender has completed the mandatory minimum of one hundred18
hours of prerelease programming in accordance with R.S. 15:827.1.19
(d) The offender has completed substance abuse treatment as applicable.20
(e) The offender has obtained a GED, unless the offender has previously21
obtained a high school diploma or is deemed by a certified educator as being22
incapable of obtaining a GED due to a learning disability. If the offender is deemed23
incapable of obtaining a GED, the offender shall complete at least one of the24
following:25
(i) A literacy program.26
(ii) An adult basic education program.27
(iii) A job skills training program.28 HLS 12RS-1022 ENGROSSED
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(f) The offender has obtained a low-risk level designation determined by a1
validated risk assessment instrument approved by the secretary of the Department2
of Public Safety and Corrections.3
(g) The offender has completed a reentry program to be determined by the4
Department of Public Safety and Corrections.5
(h) If the offender was convicted of aggravated rape, he shall be designated6
a sex offender and upon release shall comply with all sex offender registration and7
notification provisions as required by law.8
(2) For each offender eligible for parole consideration pursuant to the9
provisions of this Subsection, the board shall meet in a three-member panel and each10
member of the panel shall be provided with and shall consider a written evaluation11
of the offender by a person who has expertise in adolescent brain development and12
behavior and any other relevant evidence pertaining to the offender.13
(3) The panel shall render specific findings of fact in support of its decision.14
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
serving 30 years of the sentence imposed when the following conditions have been met:
(1)The offender has not committed any disciplinary offenses in the 12 consecutive
months prior to the parole eligibility date. HLS 12RS-1022 ENGROSSED
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(2)The offender has completed at least 100 hours of prerelease programming.
(3)The offender has obtained a GED or, in certain circumstances, has completed a
literacy program, an adult basic education program, or a job skills training program.
(4)The offender has obtained a low-risk level designation determined by a validated risk
assessment instrument.
(5)The offender has completed a reentry program as determined by DPS&C.
Proposed law further provides that for such parole decisions, the board shall meet in three-
member panels and each member shall be provided with and shall consider a written
evaluation of the offender by a person who has expertise in adolescent brain development
and behavior and any other relevant evidence pertaining to the offender.
Proposed law requires the panel to render specific findings of fact in support of its decision.
Effective August 1, 2012.
(Amends R.S. 15:574.4(B); Adds R.S. 15:574.4(D))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Amended the number of years an offender must serve from 25 to 30 years to be
eligible for parole consideration pursuant to proposed law and deleted the
requirement that the offender attain the age of at least 45 years.
2. Added conditions and criteria necessary for an offender to be eligible for parole
consideration pursuant to proposed law.