ENROLLED
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ACT No. 239
Regular Session, 2013
HOUSE BILL NO. 152
BY REPRESENTATIVES HAZEL AND HONORE AND SENATOR PETERSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
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
committed by him while a prisoner. Notwithstanding any other provisions of law to21
the contrary, a person convicted of a crime of violence and not otherwise ineligible22 ENROLLEDHB NO. 152
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for parole shall serve at least eighty-five percent of the sentence imposed, before1
being eligible for parole. The victim or victim's family shall be notified whenever2
the offender is to be released provided that the victim or victim's family has3
completed a Louisiana victim notice and registration form as provided in R.S.4
46:1841 et seq., or has otherwise provided contact information and has indicated to5
the Department of Public Safety and Corrections, Crime Victims Services Bureau,6
that they desire such notification.7
* * *8
E.(1) Notwithstanding any provision of law to the contrary, any person9
serving a sentence of life imprisonment for a conviction of first degree murder (R.S.10
14:30) or second degree murder (R.S. 14:30.1) who was under the age of eighteen11
years at the time of the commission of the offense shall be eligible for parole12
consideration pursuant to the provisions of this Subsection if a judicial determination13
has been made that the person is entitled to parole eligibility pursuant to Code of14
Criminal Procedure Article 878.1 and all of the following conditions have been met:15
(a) The offender has served thirty-five years of the sentence imposed.16
(b) The offender has not committed any disciplinary offenses in the twelve17
consecutive months prior to the parole eligibility date.18
(c) The offender has completed the mandatory minimum of one hundred19
hours of prerelease programming in accordance with R.S. 15:827.1.20
(d) The offender has completed substance abuse treatment as applicable.21
(e) The offender has obtained a GED certification, unless the offender has22
previously obtained a high school diploma or is deemed by a certified educator as23
being incapable of obtaining a GED certification due to a learning disability. If the24
offender is deemed incapable of obtaining a GED certification, the offender shall25
complete at least one of the following:26
(i) A literacy program.27
(ii) An adult basic education program.28
(iii) A job skills training program.29 ENROLLEDHB NO. 152
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(f) The offender has obtained a low-risk level designation determined by a1
validated risk assessment instrument approved by the secretary of the Department2
of Public Safety and Corrections.3
(g) The offender has completed a reentry program to be determined by the4
Department of Public Safety and Corrections.5
(2) For each offender eligible for parole consideration pursuant to the6
provisions of this Subsection, the board shall meet in a three-member panel, and each7
member of the panel shall be provided with and shall consider a written evaluation8
of the offender by a person who has expertise in adolescent brain development and9
behavior and any other relevant evidence pertaining to the offender.10
(3) The panel shall render specific findings of fact in support of its decision.11
Section 2. Code of Criminal Procedure Article 878.1 is hereby enacted to read as12
follows:13
§878.1. Sentencing hearing for juvenile offenders14
A. In any case where an offender is to be sentenced to life imprisonment for15
a conviction of first degree murder (R.S. 14:30) or second degree murder (R.S.16
14:30.1) where the offender was under the age of eighteen years at the time of the17
commission of the offense, a hearing shall be conducted prior to sentencing to18
determine whether the sentence shall be imposed with or without parole eligibility19
pursuant to the provisions of R.S. 15:574.4(E).20
B. At the hearing, the prosecution and defense shall be allowed to introduce21
any aggravating and mitigating evidence that is relevant to the charged offense or the22
character of the offender, including but not limited to the facts and circumstances of23
the crime, the criminal history of the offender, the offender's level of family support,24
social history, and such other factors as the court may deem relevant. Sentences25 ENROLLEDHB NO. 152
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imposed without parole eligibility should normally be reserved for the worst1
offenders and the worst cases.2
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: