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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 or a person serving a life sentence ordered pursuant to the12
provisions of R.S. 15:529.1 of Act No. 1245 of the 1995 Regular Session of the13
Legislature that were ameliorated by Section 2 of Act No. 403 of the 200114
Regular Session of the Legislature, shall be eligible for parole consideration15
upon reaching the age of fifty years old if all of the following conditions are met:16
(a) The offender has not been convicted of a crime of violence as defined17 SB NO. 321
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in R.S. 14:2(B); however, for purposes of this Paragraph, a conviction shall not1
be considered a crime of violence if in fact physical violence was not perpetrated2
against the victim in the commission of the crime.3
(b)The offender has served at least fifteen years of imprisonment in4
actual custody.5
(c) The offender has not committed any disciplinary offenses in twelve6
consecutive months prior to the parole eligibility date.7
(d) The offender has completed substance abuse treatment as applicable.8
(e) The offender has completed anger management treatment as9
applicable.10
(f) The offender has obtained a low-risk level designation determined by11
a validated risk assessment instrument approved by the secretary of the12
Department of Public Safety and Corrections.13
(g) The offender has completed the mandatory minimum of one hundred14
hours of pre-release programming in accordance with the provisions of R.S.15
15:827.1, if such programming is available.16
(h) The offender has obtained a GED credential, unless the offender has17
previously obtained a high school diploma or is deemed by a certified educator18
as being incapable of obtaining a GED credential due to a learning disability or19
because such programming is not available. If the offender is deemed incapable20
of obtaining a GED credential, the offender shall successfully complete at least21
one of the following:22
(i) A literacy program.23
(ii) An adult basic education program.24
(iii) A job skills training program.25
* * *26 SB NO. 321
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The original instrument was prepared by Michelle Ducharme. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Dawn Romero Watson.
DIGEST
Martiny (SB 321)
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 or a person serving a life
sentence ordered pursuant to the habitual officer law enacted by Act No. 1245 of the 1995
Regular Session of the Legislature, shall be eligible for parole consideration upon reaching
age 50 if all of the following conditions are met:
1. The offender has not been convicted of a crime of violence as defined in present law;
however, for purposes of proposed law, a conviction shall not be considered to be for
a crime of violence if in fact physical violence was not perpetrated against the victim
in the commission of the crime.
2.The offender has served at least 15 years of imprisonment in actual custody.
3. The offender has not committed any disciplinary offenses in 12 consecutive months
prior to the parole eligibility date.
4. The offender has completed substance abuse treatment, as applicable.
5. The offender has completed anger management treatment, as applicable.
6. The offender has obtained a low-risk level designation determined by a validated risk
assessment instrument approved by the secretary of the DPS&C.
7. The offender has completed the mandatory minimum of 100 hours of pre-release
programming, if available.
8. The offender has obtained a GED credential, unless the offender has a high school
diploma or is deemed by a certified educator as incapable of obtaining a GED due
to a learning disability or because such programming is not available. If the offender
is deemed incapable of obtaining a GED, the offender must successfully complete
either a literacy program, an adult basic education program, or a job skills training
program.
Effective August 1, 2012.
(Adds R.S. 15:574.4(A)(5))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill
1. Adds that the offender must be sentenced under Act 1245 of the 1995
Regular Session of the Legislature regarding habitual offenders. SB NO. 321
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2. Changes from 12 to 15 the minimum number of years of imprisonment for
consideration.
3. Changes from listing prohibited crimes an offender may be convicted of to
requiring that the offender shall not have been convicted of a crime of
violence and providing that if in fact physical violence was not perpetrated
against the victim in the commission of the crime, the conviction shall not be
considered to be a crime of violence.
4. Adds provisions regarding requirement of pre-release programming.
5. Adds provisions regarding requirement of GED credential.