SLS 12RS-252 ORIGINAL
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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
SENATE BILL NO. 321
BY SENATOR MARTINY
PROBATION/PAROLE. Provides for eligibility for parole consideration. (8/1/12)
AN ACT1
To enact R.S. 15:574.4(A)(5), relative to parole; to provide for eligibility for parole2
consideration for certain inmates who are at least fifty years of age and have met3
certain conditions; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 15:574.4(A)(5) is hereby enacted to read as follows: 6
ยง574.4. Parole; eligibility7
A. * * *8
(5) Notwithstanding any provision of law to the contrary, unless eligible9
for parole at an earlier date, a person committed to the Department of Public10
Safety and Corrections for a term or terms of imprisonment with or without11
benefit of parole who has served at least twelve years of imprisonment in actual12
custody and upon reaching the age of fifty years old shall be eligible for parole13
consideration if the following conditions are met:14
(a) The offender has not been convicted of solicitation for murder, first15
degree murder, second degree murder, manslaughter, aggravated kidnapping,16
second degree kidnapping, simple kidnapping, aggravated arson, aggravated17 SB NO. 321
SLS 12RS-252 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
burglary, armed robbery, first degree robbery, simple robbery, assault by drive1
by shooting, car jacking, terrorism, aggravated second degree battery,2
aggravated assault upon a peace officer with a firearm, aggravated assault with3
a firearm, armed robbery, second degree robbery, disarming a peace officer,4
stalking, second degree cruelty to juveniles, aggravated flight from an officer,5
battery of a police officer, human trafficking, home invasion, or any sex offense6
as defined in R.S. 15:541, regardless of the date of conviction.7
(b) The offender has not committed any disciplinary offenses in twelve8
consecutive months prior to the parole eligibility date.9
(c) The offender has completed substance abuse treatment as applicable.10
(d) The offender has completed anger management treatment as11
applicable.12
(e) The offender has obtained a low-risk level designation determined13
by a validated risk assessment instrument approved by the secretary of the14
Department of Public Safety and Corrections.15
* * *16
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michelle Ducharme.
DIGEST
Present law provides for eligibility for parole consideration for certain offenders.
Proposed law retains present law and makes an exception to present law to provide that
notwithstanding any provision of law to the contrary, unless eligible for parole at an earlier
date, a person committed to the Department of Public Safety and Corrections (DPS&C) for
a term or terms of imprisonment with or without benefit of parole who has served at least
12 years of imprisonment in actual custody and upon reaching the age of 50 years old shall
be eligible for parole consideration if the following conditions are met:
(1)The offender has not been convicted of solicitation for murder, first degree murder,
second degree murder, manslaughter, aggravated kidnapping. second degree
kidnapping, simple kidnapping, aggravated arson, aggravated burglary, armed
robbery, first degree robbery, simple robbery, assault by drive by shooting, car
jacking, terrorism, aggravated second degree battery, aggravated assault upon a
peace officer with a firearm, aggravated assault with a firearm, armed robbery,
second degree robbery, disarming a peace officer, stalking, second degree cruelty to
juveniles, aggravated flight from an officer, battery of a police officer, human
trafficking, home invasion, or any sex offense, regardless of the date of conviction.
(2)The offender has not committed any disciplinary offenses in 12 consecutive months SB NO. 321
SLS 12RS-252 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
prior to the parole eligibility date.
(3)The offender has completed substance abuse treatment as applicable.
(4)The offender has completed anger management treatment as applicable.
(5)The offender has obtained a low-risk level designation determined by a validated risk
assessment instrument approved by the secretary of the DPS&C.
Effective August 1, 2012.
(Adds R.S. 15:574.4(A)(5))