HLS 13RS-594 ORIGINAL
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Regular Session, 2013
HOUSE BILL NO. 152
BY REPRESENTATIVE HAZEL
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
JUVENILES: Provides relative to parole eligibility for juvenile offenders convicted of
homicide offenses
AN ACT1
To amend and reenact R.S. 15:574.4(B)(1) and to enact R.S. 15:574.4(E) and Code of2
Criminal Procedure Article 878.1, relative to juvenile parole eligibility; to provide3
for parole eligibility for juveniles sentenced to life imprisonment without the4
possibility of parole for certain homicide offenses; to provide for conditions; to5
provide for a special sentencing hearing for juvenile offenders convicted of certain6
homicide offenses; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 15:574.4(B)(1) is hereby amended and reenacted and R.S.9
15:574.4(E) is hereby enacted to read as follows: 10
§574.4. Parole; eligibility11
* * *12
B.(1) No person shall be eligible for parole consideration who has been13
convicted of armed robbery and denied parole eligibility under the provisions of R.S.14
14:64. Except as provided in Paragraph (2) of this Subsection, and except as15
provided in Subsection Subsections D and E of this Section, no prisoner serving a16
life sentence shall be eligible for parole consideration until his life sentence has been17
commuted to a fixed term of years. No prisoner sentenced as a serial sexual offender18
shall be eligible for parole. No prisoner may be paroled while there is pending19
against him any indictment or information for any crime suspected of having been20 HLS 13RS-594 ORIGINAL
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committed by him while a prisoner. Notwithstanding any other provisions of law to1
the contrary, a person convicted of a crime of violence and not otherwise ineligible2
for parole shall serve at least eighty-five percent of the sentence imposed, before3
being eligible for parole. The victim or victim's family shall be notified whenever4
the offender is to be released provided that the victim or victim's family has5
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
* * *10
E.(1) Notwithstanding any provision of law to the contrary, any person11
serving a sentence of life imprisonment for a conviction of first degree murder (R.S.12
14:30) or second degree murder (R.S. 14:30.1) who was under the age of eighteen13
years at the time of the commission of the offense shall be eligible for parole14
consideration pursuant to the provisions of this Subsection if a judicial determination15
has been made that the person is entitled to parole eligibility pursuant to Code of16
Criminal Procedure Article 878.1 and all of the following conditions have been met:17
(a) The offender has served fifty years of the sentence imposed.18
(b) The offender has not committed any disciplinary offenses in the twelve19
consecutive months prior to the parole eligibility date.20
(c) The offender has completed the mandatory minimum of one hundred21
hours of prerelease programming in accordance with R.S. 15:827.1.22
(d) The offender has completed substance abuse treatment as applicable.23
(e) The offender has obtained a GED certification, unless the offender has24
previously obtained a high school diploma or is deemed by a certified educator as25
being incapable of obtaining a GED certification due to a learning disability. If the26
offender is deemed incapable of obtaining a GED certification, the offender shall27
complete at least one of the following:28
(i) A literacy program.29 HLS 13RS-594 ORIGINAL
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(ii) An adult basic education program.1
(iii) A job skills training program.2
(f) The offender has obtained a low-risk level designation determined by a3
validated risk assessment instrument approved by the secretary of the Department4
of Public Safety and Corrections.5
(g) The offender has completed a reentry program to be determined by the6
Department of Public Safety and Corrections.7
(2) For each offender eligible for parole consideration pursuant to the8
provisions of this Subsection, the board shall meet in a three-member panel and each9
member of the panel shall be provided with and shall consider a written evaluation10
of the offender by a person who has expertise in adolescent brain development and11
behavior and any other relevant evidence pertaining to the offender.12
(3) The panel shall render specific findings of fact in support of its decision.13
Section 2. Code of Criminal Procedure Article 878.1 is hereby enacted to read as14
follows:15
§878.1. Sentencing hearing for juvenile offenders16
A. In any case where an offender is to be sentenced to life imprisonment for17
a conviction of first degree murder (R.S. 14:30) or second degree murder (R.S.18
14:30.1) where the offender was under the age of eighteen years at the time of the19
commission of the offense, a hearing shall be conducted prior to sentencing to20
determine whether the sentence shall be imposed with or without parole eligibility.21
B. At the hearing, the prosecution and defense shall be allowed to introduce22
any aggravating and mitigating evidence that is relevant to the charged offense or the23
character of the offender, including but not limited to the facts and circumstances of24
the crime, the criminal history of the offender, the offender's level of family support,25
social history, and such other factors as the court may deem relevant.26
C. If the court determines that a sentence of life without the possibility of27
parole for a particular offender is unconstitutionally excessive, the offender shall be28
eligible for parole consideration pursuant to the provisions of R.S. 15:574.4(E).29 HLS 13RS-594 ORIGINAL
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Hazel HB No. 152
Abstract: Provides for parole consideration for juveniles sentenced to life imprisonment
for certain homicide offenses after a judicial determination of eligibility for such
consideration and when certain conditions are met.
Present law provides that any offender who commits first degree murder or second degree
murder who is under the age of 18 at the time of the commission of the offense shall be
punished by life imprisonment at hard labor without benefit of parole, probation, or
suspension of sentence.
In the case, Miller v. Alabama, 132 S.Ct. 2455 (2012), the U.S. Supreme Court held that
mandatory life imprisonment without parole for any offender under the age of 18 violates
the 8th Amendment's prohibition on cruel and unusual punishment. Although the court did
not prohibit a life sentence for juveniles convicted of homicide offenses, the court did
require the sentencing court to consider the offender's youth and attendant characteristics as
mitigating circumstances.
Proposed law retains present law but provides that any person serving a sentence of life
imprisonment for a conviction of first degree murder or second degree murder who was
under the age of 18 at the time of the commission of the offense shall be eligible for parole
consideration if a judicial determination has been made that the person is entitled to parole
eligibility and all of the following conditions have been met:
(1)The offender has served 50 years of the sentence imposed.
(2)The offender has not committed any disciplinary offenses in the 12 consecutive
months prior to the parole eligibility date.
(3)The offender has completed a minimum of 100 hours of prerelease programming.
(4)The offender has completed substance abuse treatment as applicable.
(5)The offender has obtained a GED or, in certain circumstances, has completed a
literacy program, an adult basic education program, or a job skills training program.
(6)The offender has obtained a low-risk level designation determined by a validated risk
assessment instrument approved by the secretary of DPS&C.
(7)The offender has completed a reentry program to be determined by DPS&C.
Proposed law further provides that for such parole decisions, the board shall meet in a three-
member panel and each member of the panel shall be provided with and shall consider a
written evaluation of the offender by a person who has expertise in adolescent brain
development and behavior and any other relevant evidence pertaining to the offender.
Proposed law requires the panel to render specific findings of fact in support of its decision.
Proposed law provides for a sentencing hearing for an offender who is to be sentenced to life
imprisonment for a conviction of first degree murder or second degree murder where the
offender was under the age of 18 at the time of the commission of the offense to determine HLS 13RS-594 ORIGINAL
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whether the sentence shall be imposed with or without parole eligibility. Upon consideration
of any aggravating or mitigating evidence relevant to the charged offense or the character
of the offender, if the court determines that a sentence of life without the possibility of parole
for a particular offender is unconstitutionally excessive, the offender shall be eligible for
parole consideration pursuant to the provisions of proposed law.
(Amends R.S. 15:574.4(B)(1); Adds R.S. 15:574.4(E) and C.Cr.P. Art. 878.1)