HLS 12RS-1255 ORIGINAL
Page 1 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 543
BY REPRESENTATIVES SMITH AND TERRY LANDRY
PAROLE: Provides for parole eligibility for certain offenders sentenced to life
imprisonment if certain conditions are met
AN ACT1
To amend and reenact R.S. 15:574.4(B), relative to parole; to amend provisions relative to2
parole eligibility for certain offenders; to provide for parole eligibility for offenders3
sentenced to life imprisonment; to provide for exceptions; to provide for conditions4
for eligibility; 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 to read as follows: 7
ยง574.4. Parole; eligibility8
* * *9
B.(1) No person shall be eligible for parole consideration who has been10
convicted of armed robbery and denied parole eligibility under the provisions of R.S.11
14:64. No Except as provided in Paragraph (2) of this Subsection, no prisoner12
serving a life sentence shall be eligible for parole consideration until his life sentence13
has been commuted to a fixed term of years. No prisoner sentenced as a serial sexual14
offender shall be eligible for parole. No prisoner may be paroled while there is15
pending against him any indictment or information for any crime suspected of having16
been committed by him while a prisoner. Notwithstanding any other provisions of17
law to the contrary, a person convicted of a crime of violence and not otherwise18
ineligible for parole shall serve at least eighty-five percent of the sentence imposed,19
before being eligible for parole. The victim or victim's family shall be notified20 HLS 12RS-1255 ORIGINAL
HB NO. 543
Page 2 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
whenever the offender is to be released provided that the victim or victim's family1
has completed a Louisiana victim notice and registration form as provided in R.S.2
46:1841 et seq., or has otherwise provided contact information and has indicated to3
the Department of Public Safety and Corrections, Crime Victims Services Bureau,4
that they desire such notification.5
(2) Notwithstanding any provision of law to the contrary, any person serving6
a life sentence, with or without the benefit of parole, who has not been convicted of7
a crime of violence as defined by R.S. 14:2(B), a sex offense as defined by R.S.8
15:541, or an offense, regardless of the date of conviction, which would constitute9
a crime of violence as defined by R.S. 14:2(B) or a sex offense as defined by R.S.10
15:541, shall be eligible for parole consideration as follows:11
(a) If the person was at least eighteen years of age and under the age of12
twenty-five years at the time he was sentenced to life imprisonment, he shall be13
eligible for parole consideration if all of the following conditions have been met:14
(i) The person has served at least twenty-five years of the sentence imposed.15
(ii) The person has obtained a low risk level designation determined by a16
validated risk assessment instrument approved by the secretary of the Department17
of Public Safety and Corrections.18
(iii) The person has not committed any disciplinary offenses in the twelve19
consecutive months prior to the parole eligibility date.20
(iv) The person has completed the mandatory minimum of one hundred21
hours of pre-release programming in accordance with the provisions of R.S.22
15:827.1, if such programming is available.23
(v) The person has completed substance abuse treatment if applicable and24
such treatment is available.25
(vi) The person has obtained a GED credential, unless the prisoner has26
previously obtained a high school diploma or is deemed by a certified educator as27
being incapable of obtaining a GED credential due to a learning disability or because28
such programming is not available. If the prisoner is deemed incapable of obtaining29 HLS 12RS-1255 ORIGINAL
HB NO. 543
Page 3 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
a GED credential, the person shall complete at least one of the following: a literacy1
program, an adult basic education program, or a job skills training program.2
(b) If the person was at least twenty-five years of age and under the age of3
thirty-five years at the time he was sentenced to life imprisonment, he shall be4
eligible for parole consideration if all of the following conditions have been met:5
(i) The person has served at least twenty years of the sentence imposed.6
(ii) The person has obtained a low risk level designation determined by a7
validated risk assessment instrument approved by the secretary of the Department8
of Public Safety and Corrections.9
(iii) The person has not committed any disciplinary offenses in the twelve10
consecutive months prior to the parole eligibility date.11
(iv) The person has completed the mandatory minimum of one hundred12
hours of pre-release programming in accordance with the provisions of R.S.13
15:827.1, if such programming is available.14
(v) The person has completed substance abuse treatment if applicable and15
such treatment is available.16
(vi) The person has obtained a GED credential, unless the prisoner has17
previously obtained a high school diploma or is deemed by a certified educator as18
being incapable of obtaining a GED credential due to a learning disability or because19
such programming is not available. If the prisoner is deemed incapable of obtaining20
a GED credential, the person shall complete at least one of the following: a literacy21
program, an adult basic education program, or a job skills training program.22
(c) If the person was at least thirty-five years of age and under the age of23
fifty years at the time he was sentenced to life imprisonment, he shall be eligible for24
parole consideration if all of the following conditions have been met:25
(i) The person has served at least fifteen years of the sentence imposed.26
(ii) The person 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-1255 ORIGINAL
HB NO. 543
Page 4 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(iii) The person has not committed any disciplinary offenses in the twelve1
consecutive months prior to the parole eligibility date.2
(iv) The person has completed the mandatory minimum of one hundred3
hours of pre-release programming in accordance with the provisions of R.S.4
15:827.1, if such programming is available.5
(v) The person has completed substance abuse treatment if applicable and6
such treatment is available.7
(vi) The person has obtained a GED credential, unless the prisoner has8
previously obtained a high school diploma or is deemed by a certified educator as9
being incapable of obtaining a GED credential due to a learning disability or because10
such programming is not available. If the prisoner is deemed incapable of obtaining11
a GED credential, the person shall complete at least one of the following: a literacy12
program, an adult basic education program, or a job skills training program.13
(d) If the person was at least fifty years of age at the time he was sentenced14
to life imprisonment, he shall be eligible for parole consideration if all of the15
following conditions have been met:16
(i) The person has served at least ten years of the sentence imposed.17
(ii) The person has obtained a low risk level designation determined by a18
validated risk assessment instrument approved by the secretary of the Department19
of Public Safety and Corrections.20
(iii) The person has not committed any disciplinary offenses in the twelve21
consecutive months prior to the parole eligibility date.22
(iv) The person has completed the mandatory minimum of one hundred23
hours of pre-release programming in accordance with the provisions of R.S.24
15:827.1, if such programming is available.25
(v) The person has completed substance abuse treatment if applicable and26
such treatment is available.27
(vi) The person has obtained a GED credential, unless the prisoner has28
previously obtained a high school diploma or is deemed by a certified educator as29 HLS 12RS-1255 ORIGINAL
HB NO. 543
Page 5 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
being incapable of obtaining a GED credential due to a learning disability or because1
such programming is not available. If the prisoner is deemed incapable of obtaining2
a GED credential, the person shall complete at least one of the following: a literacy3
program, an adult basic education program, or a job skills training program.4
* * *5
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)]
Smith HB No. 543
Abstract: Provides for parole eligibility for certain offenders sentenced to life
imprisonment if certain conditions are met.
Present law provides that no prisoner serving a life sentence shall be eligible for parole
consideration until his life sentence has been commuted to a fixed term of years.
Proposed law amends present law and provides that, notwithstanding present law, any person
serving a life sentence, with or without the benefit of parole, who has not been convicted of
a crime of violence, a sex offense, or an offense, regardless of the date of conviction, which
would constitute a crime of violence or a sex offense, shall be eligible for parole
consideration if certain conditions are met.
Proposed law provides for conditions of parole eligibility for persons sentenced to life
imprisonment, including the following:
(1)If the person is at least 18 years of age and under the age of 25 years at the time he
was sentenced to life imprisonment, he shall serve at least 25 years of the sentence
imposed.
(2) If the person is at least 25 years of age and under the age of 35 years at the time he
was sentenced to life imprisonment, he shall serve at least 20 years of the sentence
imposed.
(3)If the person is at least 35 years of age and under the age of 50 years at the time he
was sentenced to life imprisonment, he shall serve at least 15 years of the sentence
imposed.
(4)If the person is at least 50 years of age at the time he was sentenced to life
imprisonment, he shall serve at least 10 years of the sentence imposed.
(Amends R.S. 15:574.4(B))