HLS 12RS-598 ENGROSSED
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Regular Session, 2012
HOUSE BILL NO. 344
BY REPRESENTATIVE LOPINTO
JUVENILE PROCEDURE: Provides with respect to juvenile parole eligibility
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 with respect to juvenile parole eligibility; to provide for3
parole eligibility for certain juveniles sentenced to life imprisonment; to provide for4
exceptions; to provide for certain conditions; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 15:574.4(B) is hereby amended and reenacted and R.S. 15:574.4(D)7
is hereby enacted to read as follows: 8
ยง574.4. Parole; eligibility9
* * *10
B. No person shall be eligible for parole consideration who has been11
convicted of armed robbery and denied parole eligibility under the provisions of R.S.12
14:64. No Except as provided in Subsection D of this Section, no prisoner serving13
a life sentence shall be eligible for parole consideration until his life sentence has14
been commuted to a fixed term of years. No prisoner sentenced as a serial sexual15
offender shall be eligible for parole. No prisoner may be paroled while there is16
pending against him any indictment or information for any crime suspected of having17
been committed by him while a prisoner. Notwithstanding any other provisions of18
law to the contrary, a person convicted of a crime of violence and not otherwise19
ineligible for parole shall serve at least eighty-five percent of the sentence imposed,20 HLS 12RS-598 ENGROSSED
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before being eligible for parole. The victim or victim's family shall be notified1
whenever the offender is to be released provided that the victim or victim's family2
has completed a Louisiana victim notice and registration form as provided in R.S.3
46:1841 et seq., or has otherwise provided contact information and has indicated to4
the Department of Public Safety and Corrections, Crime Victims Services Bureau,5
that they desire such notification.6
* * *7
D.(1) Any person serving a sentence of life imprisonment who was under the8
age of eighteen years at the time of the commission of the offense, except for a9
person serving a life sentence for a conviction of first degree murder (R.S. 14:30) or10
second degree murder (R.S. 14:30.1), shall be eligible for parole consideration upon11
serving thirty years of the sentence imposed if all of the following conditions are12
met:13
(a) The offender has not committed any disciplinary offense in the twelve14
consecutive months prior to the parole eligibility date.15
(b) The offender has completed the mandatory minimum of one hundred16
hours of prerelease programming in accordance with R.S. 15:827.1.17
(c) The offender has completed substance abuse treatment as applicable.18
(d) The offender has obtained a GED, unless the offender has previously19
obtained a high school diploma or is deemed by a certified educator as being20
incapable of obtaining a GED due to a learning disability. If the offender is deemed21
incapable of obtaining a GED, the offender shall complete at least one of the22
following:23
(i) A literacy program.24
(ii) An adult basic education program.25
(iii) A job skills training program.26
(e) The offender has obtained a low-risk level designation determined by a27
validated risk assessment instrument approved by the secretary of the Department28
of Public Safety and Corrections.29 HLS 12RS-598 ENGROSSED
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(f) The offender has completed a reentry program to be determined by the1
Department of Public Safety and Corrections.2
(g) If the offender was convicted of aggravated rape, he shall be designated3
a sex offender and upon release shall comply with all sex offender registration and4
notification provisions as required by law.5
(2) For each offender eligible for parole consideration pursuant to the6
provisions of this Subsection, the board shall meet in a three-member panel and each7
member of the panel shall be provided with and shall consider a written evaluation8
of the offender by a person who has expertise in adolescent brain development and9
behavior and any other relevant evidence pertaining to the offender.10
(3) The panel shall render specific findings of fact in support of its decision.11
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. 344
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.
(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. HLS 12RS-598 ENGROSSED
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(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 provides that the panel shall render specific findings of fact in support of its
decision.
Effective Aug. 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 45 years to 30 years
to be eligible for parole consideration pursuant to proposed law and deleted the
requirement that the offender attain the age of 60 years.
2. Added provision which requires the board to meet in three-member panels.
3. Added provision which requires the panel to be provided with and to consider a
written evaluation of the offender by a person who has expertise in adolescent
brain development and behavior and any other relevant evidence.
4. Added provision which requires the panel to render specific findings of fact in
support of its decision.