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ACT No. 401
Regular Session, 2012
HOUSE BILL NO. 543
BY REPRESENTATIVES SMITH, ARMES, ARNOLD, BADON, BARROW, WESLEY
BISHOP, BURRELL, COX, DIXON, EDWARDS, FRANKLIN, GAINES,
GISCLAIR, HOFFMANN, HONORE, HOWARD, HUNTER, GIROD JACKSON,
KATRINA JACKSON, JAMES, JEFFERSON, TERRY L ANDRY, LEGER,
MORENO, NORTON, ORTEGO, PIERRE, PRICE, REYNOLDS, RITCHIE, AND
ALFRED WILLIAMS
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
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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
whenever the offender is to be released provided that the victim or victim's family21 ENROLLEDHB NO. 543
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has completed a Louisiana victim notice and registration form as provided in R.S.1
46:1841 et seq., or has otherwise provided contact information and has indicated to2
the Department of Public Safety and Corrections, Crime Victims Services Bureau,3
that they desire such notification.4
(2) Notwithstanding any provision of law to the contrary, any person serving5
a life sentence, with or without the benefit of parole, who has not been convicted of6
a crime of violence as defined by R.S. 14:2(B), a sex offense as defined by R.S.7
15:541, or an offense, regardless of the date of conviction, which would constitute8
a crime of violence as defined by R.S. 14:2(B) or a sex offense as defined by R.S.9
15:541, shall be eligible for parole consideration as follows:10
(a) If the person was at least eighteen years of age and under the age of11
twenty-f ive years at the time he was sentenced to life imprisonment, he shall be12
eligible for parole consideration if all of the following conditions have been met:13
(i) The person has served at least twenty-five years of the sentence imposed.14
(ii) The person has obtained a low risk level designation determined by a15
validated risk assessment instrument approved by the secretary of the Department16
of Public Safety and Corrections.17
(iii) The person has not committed any disciplinary offenses in the twelve18
consecutive months prior to the parole eligibility date.19
(iv) The person has completed the mandatory minimum of one hundred20
hours of pre-release programming in accordance with the provisions of R.S.21
15:827.1, if such programming is available.22
(v) The person has completed substance abuse treatment, if applicable and23
such treatment is available.24
(vi) The person has obtained a GED credential, unless the prisoner has25
previously obtained a high school diploma or is deemed by a certified educator as26
being incapable of obtaining a GED credential due to a learning disability or because27
such programming is not available. If the prisoner is deemed incapable of obtaining28
a GED credential, the person shall complete at least one of the following: a literacy29
program, an adult basic education program, or a job skills training program.30 ENROLLEDHB NO. 543
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(b) If the person was at least twenty-five years of age and under the age of1
thirty-five years at the time he was sentenced to life imprisonment, he shall be2
eligible for parole consideration if all of the following conditions have been met:3
(i) The person has served at least twenty years of the sentence imposed.4
(ii) The person has obtained a low risk level designation determined by a5
validated risk assessment instrument approved by the secretary of the Department6
of Public Safety and Corrections.7
(iii) The person has not committed any disciplinary offenses in the twelve8
consecutive months prior to the parole eligibility date.9
(iv) The person has completed the mandatory minimum of one hundred10
hours of pre-release programming in accordance with the provisions of R.S.11
15:827.1, if such programming is available.12
(v) The person has completed substance abuse treatment, if applicable and13
such treatment is available.14
(vi) The person has obtained a GED credential, unless the prisoner has15
previously obtained a high school diploma or is deemed by a certified educator as16
being incapable of obtaining a GED credential due to a learning disability or because17
such programming is not available. If the prisoner is deemed incapable of obtaining18
a GED credential, the person shall complete at least one of the following: a literacy19
program, an adult basic education program, or a job skills training program.20
(c) If the person was at least thirty-five years of age and under the age of21
fifty years at the time he was sentenced to life imprisonment, he shall be eligible for22
parole consideration if all of the following conditions have been met:23
(i) The person has served at least fifteen years of the sentence imposed.24
(ii) The person has obtained a low risk level designation determined by a25
validated risk assessment instrument approved by the secretary of the Department26
of Public Safety and Corrections.27
(iii) The person has not committed any disciplinary offenses in the twelve28
consecutive months prior to the parole eligibility date.29 ENROLLEDHB NO. 543
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(iv) The person has completed the mandatory minimum of one hundred1
hours of pre-release programming in accordance with the provisions of R.S.2
15:827.1, if such programming is available.3
(v) The person has completed substance abuse treatment, if applicable and4
such treatment is available.5
(vi) The person has obtained a GED credential, unless the prisoner has6
previously obtained a high school diploma or is deemed by a certified educator as7
being incapable of obtaining a GED credential due to a learning disability or because8
such programming is not available. If the prisoner is deemed incapable of obtaining9
a GED credential, the person shall complete at least one of the following: a literacy10
program, an adult basic education program, or a job skills training program.11
(d) If the person was at least fifty years of age at the time he was sentenced12
to life imprisonment, he shall be eligible for parole consideration if all of the13
following conditions have been met:14
(i) The person has served at least ten 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 ENROLLEDHB NO. 543
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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
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: