Louisiana 2012 Regular Session

Louisiana Senate Bill SB317 Latest Draft

Bill / Chaptered Version

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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012	ENROLLED
SENATE BILL NO. 317
BY SENATOR MARTINY 
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
*          *          *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
before being eligible for parole.  The victim or victim's family shall be notified21
whenever the offender is to be released provided that the victim or victim's family22
has completed a Louisiana victim notice and registration form as provided in R.S.23
46:1841 et seq., or has otherwise provided contact information and has indicated to24
the Department of Public Safety and Corrections, Crime Victims Services Bureau,25
ACT No.  466 SB NO. 317	ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
that they desire such notification.1
*          *          *2
D.(1) Notwithstanding any provision of law to the contrary, any person3
serving a sentence of life imprisonment who was under the age of eighteen years4
at the time of the commission of the offense, except for a person serving a life5
sentence for a conviction of first degree murder (R.S. 14:30) or second degree6
murder (R.S. 14:30.1), shall be eligible for parole consideration pursuant to the7
provisions of this Subsection if all of the following conditions have been met:8
(a)  The offender has served thirty years of the sentence imposed.9
(b)  The offender has not committed any disciplinary offenses in the10
twelve consecutive months prior to the parole eligibility date.11
(c) The offender has completed the mandatory minimum of one hundred12
hours of prerelease programming in accordance with R.S. 15:827.1.13
(d) The offender has completed substance abuse treatment as applicable.14
(e)  The offender has obtained a GED certification, unless the offender15
has previously obtained a high school diploma or is deemed by a certified16
educator as being incapable of obtaining a GED certification due to a learning17
disability. If the offender is deemed incapable of obtaining a GED certification,18
the offender shall complete at least one of the following:19
(i)  A literacy program.20
(ii)  An adult basic education program.21
(iii)  A job skills training program.22
(f) The offender has obtained a low-risk level designation determined by23
a validated risk assessment instrument approved by the secretary of the24
Department of Public Safety and Corrections.25
(g) The offender has completed a reentry program to be determined by26
the Department of Public Safety and Corrections.27
(h) If the offender was convicted of aggravated rape, he shall be28
designated a sex offender and upon release shall comply with all sex offender29
registration and notification provisions as required by law.30 SB NO. 317	ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(2) For each offender eligible for parole consideration pursuant to the1
provisions of this Subsection, the board shall meet in a three-member panel and2
each member of the panel shall be provided with and shall consider a written3
evaluation of the offender by a person who has expertise in adolescent brain4
development and behavior and any other relevant evidence pertaining to the5
offender.6
(3) The panel shall render specific findings of fact in support of its7
decision.8
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: