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Regular Session, 2012
SENATE BILL NO. 317
BY SENATOR MARTINY
JUVENILE JUSTICE. Provides relative to parole eligibility for certain juveniles. (8/1/12)
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 for parole eligibility for juveniles sentenced to life3
imprisonment for certain offenses; to provide for exceptions; to provide for4
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
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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 SB NO. 317
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been committed by him while a prisoner. Notwithstanding any other provisions of1
law to the contrary, a person convicted of a crime of violence and not otherwise2
ineligible for parole shall serve at least eighty-five percent of the sentence imposed,3
before being eligible for parole. The victim or victim's family shall be notified4
whenever the offender is to be released provided that the victim or victim's family5
has completed a Louisiana victim notice and registration form as provided in R.S.6
46:1841 et seq., or has otherwise provided contact information and has indicated to7
the Department of Public Safety and Corrections, Crime Victims Services Bureau,8
that they desire such notification.9
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D.(1) Notwithstanding any provision of law to the contrary, any person11
serving a sentence of life imprisonment who was under the age of eighteen years12
at the time of the commission of the offense, except for a person serving a life13
sentence for a conviction of first degree murder (R.S. 14:30) or second degree14
murder (R.S. 14:30.1), shall be eligible for parole consideration pursuant to the15
provisions of this Subsection if all of the following conditions have been met:16
(a) The offender has served twenty-five years of the sentence imposed17
and is at least forty-five years of age.18
(b) The offender has not committed any serious disciplinary offenses, as19
defined by the Disciplinary Rules and Procedures for Adult Offenders adopted20
by the Department of Public Safety and Corrections, within twelve consecutive21
months prior to the review.22
(2) For each offender eligible for parole consideration pursuant to the23
provisions of this Subsection, the board shall meet in a three-member panel and24
all of the following shall occur:25
(a) Each member of the panel shall be provided with and shall consider26
all of the following:27
(i) The offender's validated risk assessment instrument which shall be28
prepared by the secretary of the Department of Public Safety and Corrections29 SB NO. 317
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for use in evaluating the risks associated with releasing the offender on parole.1
(ii) A written evaluation of the offender by a person who has expertise2
in adolescent brain development and behavior.3
(iii) Any other relevant evidence pertaining to the offender.4
(b) The panel shall decide, by a majority vote, whether or not to release5
the offender on parole.6
(c) The panel shall render specific findings of fact in support of its7
decision.8
The original instrument was prepared by Cathy R. Wells. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Nancy Vicknair.
DIGEST
Martiny (SB 317)
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 kidnaping.
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 25 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.
Effective August 1, 2012.
(Amends R.S. 15:574.4(B); adds R.S. 15:574.4(D))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill.
1. Changes the required amount of time served to be eligible for parole
consideration from 20 to 25 years.
Senate Floor Amendments to engrossed bill
1. Make a technical change.