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Regular Session, 2012
SENATE BILL NO. 400
BY SENATOR MORRELL
PROBATION/PAROLE. Merges the board of Pardon and Parole. (8/1/12)
AN ACT1
To amend and reenact R.S. 15:572.1(A)(1) and 574.2(A), (B), (C)(1), (2)(introductory2
paragraph), and (3), (D)(introductory paragraph), (4), (9), and (11), (E),3
(F)(1)(introductory paragraph), (G), and (H)(1) and (2), relative to the Board of4
Pardons; to merge the functions and duties of the Board of Parole into the Board of5
Pardons; to create a committee on parole; to provide for the membership, duties, and6
functions of the committee on parole; to provide for transitional provisions; and to7
provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 15:572.1(A)(1) and 574.2(A), (B), (C)(1), (2)(introductory10
paragraph), and (3), (D)(introductory paragraph), (4), (9), and (11), (E), (F)(1)(introductory11
paragraph), (G), and (H)(1) and (2) are hereby amended and reenacted to read as follows:12
§572.1. Board of Pardons; membership; domicile; session; quorum13
A.(1)(a) The Board of Pardons shall consist of five members, who shall be14
appointed by the governor to serve terms concurrent with the governor making the15
appointments, or until their successors are appointed and take office.16
(b) Beginning with appointments made to the board, or appointments to fill17 SB NO. 400
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a vacancy on the board, which occur after August 15, 2010, at least one of the1
members shall be appointed from a list of names submitted by any victim's rights2
advocacy organization which is recognized as a nonprofit with the Internal Revenue3
Service, incorporated or organized in the state of Louisiana and in good standing,4
and does not engage in political activity, with each organization submitting a list of5
three names. However; however, no person nominated by any victim's rights6
advocacy organization shall be appointed to serve as a member of the board who has7
previously been confirmed by the Senate and has served as a member of the board.8
(c) All members shall possess not less than five years actual experience9
in the field of penology, corrections, law enforcement, sociology, law, education,10
social work, medicine, or a combination thereof. The provisions of this11
Subparagraph shall not apply to any person serving as a member of the board12
on August 1, 2012.13
(d) All appointments shall be subject to confirmation by the Senate. The14
governor shall designate the chairman of the board.15
* * *16
§574.2. Board of Parole Committee on Parole, Board of Pardons; membership;17
qualifications; vacancies; compensation; domicile; venue; meetings;18
quorum; panels; powers and duties; transfer of property to board;19
representation of applicants before the board; prohibitions20
A.(1) A board of parole committee on parole, hereinafter referred to as "the21
board committee", is hereby created in the Department of Public Safety and22
Corrections which shall enforce the provisions of this Part and the rules,23
regulations, and orders issued pursuant to this Part. The committee on parole24
shall consist of the following persons:25
(a) The five members of the Board of Pardons, as established in Article26
IV, Section 5 of the Constitution of Louisiana and R.S. 15:572.1.27
(b) There shall be two at-large appointees to the committee on parole,28
appointed by the governor, who shall only serve as a member of the committee29 SB NO. 400
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on parole and shall not serve as a member of the Board of Pardons. The at-1
large appointees shall be compensated pursuant to R.S. 15:572.2.2
(2) In addition to the seven members appointed by the governor, an ex3
officio member shall serve on the committee pursuant to Paragraph (7) of this4
Subsection.5
(3) Each member, except for the ex officio member, shall possess not less6
than five years actual experience in the field of penology, corrections, law7
enforcement, sociology, law, education, social work, medicine, or a combination8
thereof. The provisions of this Paragraph shall not apply to any person serving9
as a member of the board on August 1, 2012.10
(4) The chairman of the Board of Pardons shall also serve as the11
chairman of the committee on parole. The board shall consist of seven members12
who shall be appointed by the governor and one ex officio member. Of the seven13
members appointed by the governor, one shall be the chairman of the board, and all14
shall serve at the pleasure of the governor. All members shall possess not less than15
five years actual experience in the field of penology, corrections, law enforcement,16
sociology, law, education, social work, medicine, or a combination thereof, or were17
serving as a member of the board of parole on August 15, 2010. Beginning with18
appointments made to the board, or appointments to fill a vacancy on the board,19
which occur after August 15, 2010, at least one of the members shall be appointed20
from a list of names submitted by any victim's rights advocacy organization which21
is recognized as a nonprofit with the Internal Revenue Service, incorporated or22
organized in the state of Louisiana and in good standing, and does not engage in23
political activity, with each organization submitting a list of three names. However,24
no person nominated by any victim's rights advocacy organization shall be appointed25
to serve as a member of the board who has previously been confirmed by the Senate26
and has served as a member of the board. Each appointment by the governor shall27
be submitted to the Senate for confirmation.28
(5) For the five members of the Board of Pardons who also serve as29 SB NO. 400
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members of the committee on parole, the powers and duties of the committee1
and the educational and training criteria provided for by this Section shall be2
in addition to the statutory and constitutional requirements applicable to the3
Board of Pardons.4
(2) (6) Each member, except for the ex officio member, shall devote full time5
to the duties of his office and shall not engage in any other business or profession or6
hold any other public office.7
(3) The chairman of the board shall receive an annual salary not to exceed8
fifty thousand dollars, the vice chairman shall receive an annual salary not to exceed9
forty-seven thousand dollars, and each of the other members of the board, except for10
the ex officio member, shall receive an annual salary not to exceed forty-four11
thousand dollars payable on his own warrant, and shall be reimbursed for necessary12
travel and other expenses actually incurred in the discharge of his duties. The actual13
salaries, subject to the limits provided for in this Paragraph, shall be authorized by14
executive order of the governor.15
(4) (7) The warden, or in his absence the deputy warden, of the correctional16
facility in which the offender is incarcerated shall be an ex officio member of the17
board committee. When the offender is housed in a local correctional facility and18
the warden, or deputy warden, of that facility is not able to attend the offender's19
parole hearing, the warden, or in his absence the deputy warden, of the facility where20
the offender's parole hearing is held may serve as an ex officio member. The ex21
officio member shall not be a voting member nor shall he be counted or permitted22
to be counted for purposes of the number of members necessary to take board23
committee action or the number of members necessary to establish quorum. In all24
other respects, the ex officio member shall have all the duties, authority,25
requirements, and benefits of any other board committee member.26
(5) (8)(a) Within ninety days of being appointed to the Board of Parole27
committee on parole, each member shall complete a comprehensive training course28
developed by the Department of Public Safety and Corrections. The training course29 SB NO. 400
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shall be developed using training components consistent with those offered by the1
National Institute of Corrections or the American Probation and Parole Association,2
and shall include classes regarding the following topics:3
(i) The elements of the decision making process, through the use of evidence-4
based practices for determining offender risk, needs, and motivation to change,5
including the actuarial assessment tool used by the parole agent.6
(ii) The security classifications as established by the department.7
(iii) The programming and disciplinary processes and the department's8
supervision, case planning, and violation process.9
(iv) The dynamics of criminal victimization.10
(v) Collaboration with corrections related stakeholders, both public and11
private, to increase offender success and public safety.12
(b) Each member shall complete a minimum of eight hours of training13
annually, which shall be provided for in the annual budget of the Department of14
Public Safety and Corrections. The annual training course shall be developed using15
the training components consistent with those offered by the National Institute of16
Corrections or American Probation and Parole Association and shall offer classes17
regarding the following topics:18
(i) A review and analysis of the effectiveness of the assessment tool used by19
the parole agents.20
(ii) A review of the department's progress toward public safety goals.21
(iii) The use of data in decision making.22
(iv) Any information regarding promising and evidence-based practices23
offered in the corrections related and crime victim dynamics field.24
(c) The department shall promulgate regulations setting forth the specific25
criteria for the course that the members are required to complete under the provisions26
of this Subsection.27
B.(1) The domicile of the board committee shall be in the parish of East28
Baton Rouge, city of Baton Rouge, Louisiana.29 SB NO. 400
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(2) Venue in any action in which an individual committed to the Department1
of Public Safety and Corrections contests any action of the board committee is East2
Baton Rouge Parish. Venue in a suit contesting the actions of the board committee3
shall be controlled by this Part and R.S. 15:571.15 and not the Code of Criminal4
Procedure, Title XXXI-A, Post Conviction Relief, or Title IX, Habeas Corpus,5
regardless of the captioned pleadings stating the contrary.6
C.(1) The board committee shall meet in a minimum of three-member7
panels at the adult correctional institutions on regular scheduled dates, not less than8
every three months. Such dates are to be determined by the chairman. Except as9
provided for in Paragraph (2) of this Subsection, three votes of a three-member panel10
shall be required to grant parole, or, if the number exceeds a three-member panel, a11
unanimous vote of those present shall be required to grant parole.12
(2) The board committee may grant parole with two votes of a three-13
member panel, or, if the number exceeds a three-member panel, a majority vote of14
those present if all of the following conditions are met:15
* * *16
(3) Notwithstanding any other provision of law in this Section, no person17
convicted of a crime of violence against any peace officer as defined in R.S.18
14:30(B), shall be granted parole except after a meeting, duly noticed and held on a19
date to be determined by the chairman, at which at least five of the seven members20
of the board committee are present and all members present vote to grant parole.21
D. In accordance with the provisions of this Part, the Board of Parole22
committee on parole shall have the following powers and duties:23
* * *24
(4) To transmit a report on the board's committee's performance for the25
previous calendar year to the secretary of the Department of Public Safety and26
Corrections, for inclusion in his report to the governor. The report shall be submitted27
annually, on or before the first day of February, and shall include statistical and other28
data with respect to the determinations and work of the board, relevant data of board29 SB NO. 400
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committee decisions, a summary of past practices and outcomes, plans for the1
upcoming year, research studies which the board may make of sentencing, parole,2
or related functions, and may include a recommendation of legislation to further3
improve the parole system of this state.4
* * *5
(9) To notify the victim, or the spouse or next of kin of a deceased victim,6
when the offender is scheduled for a parole hearing. The notification shall be in7
writing and sent no less than thirty days prior to the hearing date. The notice shall8
advise the victim, or the spouse or next of kin of a deceased victim, of their rights9
with regard to the hearing. The notice is not required when the victim, or the spouse10
or next of kin of a deceased victim, advises the board committee in writing that such11
notification is not desired. The victim, or the spouse or next of kin of a deceased12
victim, shall be allowed to testify at the hearing. The victim, or the spouse or next13
of kin of a deceased victim, shall be allowed to testify directly, or in rebuttal to14
testimony or evidence offered by or on behalf of the offender, or both.15
* * *16
(11) To sanction the applicant's disorderly, threatening, or insolent behavior,17
or use of insulting, abusive, or obscene language or written communication in18
connection with the application before the board committee. A decision to sanction19
may result in the immediate and unfavorable termination of the proceedings and the20
applicant's right to make future application for parole may be suspended for not more21
than two years. The applicant shall be informed of the sanction of the board22
committee at the commencement of the proceedings.23
* * *24
E. The Board of Parole established by Act No. 162 of 1952, as last amended25
by Act No. 90 of 1967, is hereby abolished and all books, papers, records, monies,26
and other property heretofore used or possessed by said the board shall be27
transferred to the board of parole committee on parole established by the provisions28
of this Part.29 SB NO. 400
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F.(1) The following persons shall not represent any applicant directly or1
indirectly, before the board committee:2
* * *3
G.(1) On and after August 15, 1997, no member of the Board of Parole4
committee on parole shall transmit any correspondence to, or otherwise confer with,5
a judge before whom a convicted offender is awaiting sentence to request or6
recommend any action relating to the sentence imposed upon the offender.7
(2) Violation of the provisions of this Subsection shall immediately8
disqualify the member from serving on the board committee and a vacancy shall be9
declared.10
(3) However, no decision of the board committee shall be nullified or11
otherwise affected by the participation of a member who has violated this12
Subsection, except as to a decision that involves the offender or any decision13
rendered after the board committee is notified of the violation and the violation is14
determined to have occurred.15
H. The department shall develop a plan that shall be submitted to the16
legislature no later than January 1, 2012, and shall include the following:17
(1) The establishment of a process for adopting a validated actuarial risk and18
needs assessment tool consistent with evidence-based practices and factors that19
contribute to criminal behavior, which shall be available to the parole board20
committee on parole for consideration and use in making parole decisions,21
including additional objective criteria that may be used in parole decisions.22
(2) The establishment of procedures for the department on the use of the23
validated assessment tool to guide the department, parole board committee on24
parole, and agents of the department in determining supervision management and25
strategies for all offenders under the department's supervision, including offender26
risk classification, and case planning and treatment decisions to address criminal risk27
factors and reduce offender risk of recidivism.28
* * *29 SB NO. 400
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Section 2. Effective August 1, 2012, the Board of Pardons functioning as the1
committee on parole shall be the successor to, and shall assume control of, the affairs of the2
Board of Parole.3
Section 3. All administrative rules and regulations adopted by the Board of Parole4
shall be considered valid and remain in effect until amended or repealed by the committee5
on parole. Furthermore, the Board of Pardons functioning as the committee on parole shall6
adopt all rules necessary to implement the provisions of this Act no later than August 1,7
2013.8
Section 4. Effective August 1, 2012, all powers, duties, functions, and9
responsibilities of the Board of Parole are hereby transferred to and shall be performed and10
exercised by the committee on parole. In addition, all of the obligations of the Board of11
Parole are transferred to the committee on parole. Upon the transfer of the powers, duties,12
functions, and responsibilities provided by this Section, any pending or unfinished business13
of the Board of Parole shall become the business of and be completed by the committee on14
parole with the same power and authority as the entity from which the functions are15
transferred.16
Section 5. Any reference in rules, laws, and documents to or any designation by any17
law or contract or other document of the Board of Parole shall be deemed to refer to the18
committee on parole provided that, to the extent necessary to prevent the impairment of the19
contractual obligations of any entity heretofore existing or of the state, the existence,20
organization, and functions of any such entity shall be excluded from the provisions of this21
Section. Any legal proceeding to which the Board of Parole is a party and which is filed,22
initiated, or pending before any court on August 1, 2012, and all documents involved in or23
affected by the legal proceeding, shall retain their effectiveness and shall be continued in the24
name of the committee on parole. All further legal proceedings and documents in the25
continuation, disposition, and enforcement of the legal proceeding shall be in the name of26
the committee on parole, and the committee shall be substituted for the Board of Parole27
without the necessity for amendment of any document. The committee on parole shall be28
the successor in every way to the Board of Parole, including all of the obligations and debts29 SB NO. 400
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of the Board of Parole.1
Section 6. The Louisiana State Law Institute is hereby directed to make technical2
changes to statutory laws as necessary to reflect the name changes provided for in this Act.3
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Angela L. De Jean.
DIGEST
Present law provides for the Board of Pardons which consists of five members, appointed
by the governor and confirmed by the Senate, and one ex officio member. Present law
further provides for the duties, functions, and powers of the Board of Pardons.
Proposed law amends present law and provides that each member of the Board of Pardons
shall have at least five years actual experience in the field of penology, corrections, law
enforcement, sociology, law, education, social work, medicine, or a combination thereof.
Provides an exception to proposed law requirements for any person serving as a member of
the board on 8/1/12.
Present law provides for the Board of Parole which consists of seven members, appointed
by the governor and confirmed by the Senate, and one ex officio member. Present law also
provides for the qualifications, salaries, powers, duties, functions, and training requirements
of the Board of Parole, and further provides the procedures by which the Board of Parole
shall function and the procedures the board shall follow when deciding whether to grant or
deny parole.
Proposed law merges the duties, functions, powers, and training requirements of the Board
of Parole into the Board of Pardons, creates a committee on parole which shall be part of
present law Board of Pardons, and further provides as follows:
(1)Provides that the committee on parole shall consist of the following persons:
(a)The five members of the Board of Pardons.
(b)Two at-large appointees, appointed by the governor, who shall only serve as
members of the committee on parole and shall not serve as a member of the
board of pardons.
(2)Provides that the two at-large appointees shall be compensated as a member of the
Board of Pardons, and shall possess at least five years experience in the field of
penology, corrections, law enforcement, sociology, law, education, social work,
medicine, or a combination thereof. Provides an exception to proposed law
requirements for any member serving as a member of the board on 8/1/12.
(3)Provides for the transfer of all powers, duties, functions, responsibilities, and
obligations of present law Board of Parole to proposed law committee on parole who
shall exercise and perform each.
(4)Provides that all administrative rules and regulations adopted by present law Board
of Parole shall be considered valid and remain in effect until amended or repealed
by proposed law committee on parole which shall adopt the rules necessary to
implement proposed law.
(5)Provides for the transfer of any pending and unfinished business of present law
Board of Parole to proposed law committee on parole. SB NO. 400
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(6)Provides that all references to present law Board of Parole shall be deemed to refer
to proposed law committee on parole, and provides that all legal proceedings shall
be continued in the name of the committee on parole without the necessity for
amendment of any document.
(7)Provides that proposed law committee on parole shall be the successor in every way
to present law Board of Parole, including all of the obligations and debts thereof.
(8)Directs the La. State Law Institute to make technical changes to statutory laws as
necessary to reflect the name changes provided for in proposed law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 15:572.1(A)(1) and 574.2(A), (B), (C)(1), (2)(intro para), and (3), (D)(intro
para), (4), (9), and (11), (E), (F)(1)(intro para), (G), and (H)(1) and (2))