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Regular Session, 2014
HOUSE BILL NO. 1255 (Substitute for House Bill No. 682 by Representative Jackson)
BY REPRESENTATIVES KATRINA JACKSON, BADON, BURRELL, HONORE, AND
NORTON
CRIMINAL/SENTENCING: Provides relative to parole for persons convicted of crimes of
violence and provides for the creation and administration of the Programs to Reduce
Recidivism Fund
AN ACT1
To amend and reenact R.S. 15:574.2(C)(2)(a) and 574.4(B)(1), to enact R.S. 15:824.2, and2
to repeal R.S. 15:827.1(E)(3)(b), relative to parole; to provide relative to parole3
eligibility for persons convicted of crimes of violence; to change the number of votes4
required to grant parole for offenders convicted of a crime of violence who meet5
certain conditions; to provide relative to the eligibility to participate in reentry6
preparation programs; to create the Programs to Reduce Recidivism Fund; to provide7
for the purposes of the fund; to provide for the appropriation of monies into the fund;8
to provide for the administration of the fund; to provide for the distribution of9
monies from the fund; to provide relative to the calculation of savings realized by the10
Department of Public Safety and Corrections; and to provide for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 15:574.2(C)(2)(a) and 574.4(B)(1) are hereby amended and13
reenacted to read as follows: 14
§574.2. Committee on parole, Board of Pardons; membership; qualifications;15
vacancies; compensation; domicile; venue; meetings; quorum; panels;16
powers and duties; transfer of property to committee; representation of17
applicants before the committee; prohibitions18
* * *19 HLS 14RS-2312 ENGROSSED
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C.1
* * *2
(2) The committee may grant parole with two votes of a three-member panel,3
or, if the number exceeds a three-member panel, a majority vote of those present if4
all of the following conditions are met:5
(a) The offender has not been convicted of a crime of violence as defined in6
R.S. 14:2(B) or a sex offense as defined in R.S. 15:541, or convicted of or an offense7
which would constitute a crime of violence as defined in R.S. 14:2(B) or a sex8
offense as defined in R.S. 15:541, regardless of the date of conviction.9
* * *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 Subsections D and E of this Section, no prisoner serving a life sentence16
shall be eligible for parole consideration until his life sentence has been commuted17
to a fixed term of years. No prisoner sentenced as a serial sexual offender shall be18
eligible for parole. No prisoner may be paroled while there is pending against him19
any indictment or information for any crime suspected of having been committed by20
him while a prisoner. Notwithstanding any other provisions of law to the contrary,21
a person convicted of a crime of violence and not otherwise ineligible for parole shall22
serve at least eighty-five seventy-five percent of the sentence imposed, before being23
eligible for parole. The victim or victim's family shall be notified whenever the24
offender is to be released provided that the victim or victim's family has completed25
a Louisiana victim notice and registration form as provided in R.S. 46:1841 et seq.,26
or has otherwise provided contact information and has indicated to the Department27 HLS 14RS-2312 ENGROSSED
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of Public Safety and Corrections, Crime Victims Services Bureau, that they desire1
such notification.2
* * *3
Section 2. R.S. 15:824.2 is hereby enacted to read as follows:4
§824.2. Programs to Reduce Recidivism Fund5
A. The Programs to Reduce Recidivism Fund, hereinafter referred to as the6
"fund", is hereby created in the state treasury. Interest earned on the investment of7
monies in the fund shall be deposited in and credited to the fund. Unexpended and8
unencumbered monies in the fund at the close of each fiscal year shall remain in the9
fund. Monies in the fund shall be appropriated, administered, and used solely and10
exclusively for the purposes provided by this Section.11
B. The fund shall be comprised of all monies appropriated, donated, or12
otherwise made available to provide funding for the purposes set forth in the13
provisions of this Section. Any funds realized from a reduction in the amount of14
time a person convicted of a crime of violence is required to serve prior to being15
eligible for parole consideration as provided for in R.S. 15:574.4(B) shall also be16
appropriated to the fund. All of such monies required to be deposited in the state17
treasury in accordance with Article VII, Section 9(A) of the Constitution of18
Louisiana shall be deposited in the fund after first meeting the requirements of19
Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond20
Security and Redemption Fund.21
C. Monies in the fund shall be appropriated and used for the following22
purposes:23
(1) To defray the operational expenses of probation and parole and reentry24
initiatives.25
(2) To assist in establishing and reimbursing the operational expenses of26
local corrections rehabilitative programs that do the following:27
(a) Provide inmates housed in local facilities with fundamental resources in28
the areas of employment, life skills training, and job placement.29 HLS 14RS-2312 ENGROSSED
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(b) Provide the inmates with access to as many support services as possible1
to appreciably increase the likelihood of successful reentry into society and to reduce2
recidivism.3
D. The fund shall be administered by the Louisiana Commission on Law4
Enforcement and the Administration of Criminal Justice and the Department of5
Public Safety and Corrections, hereinafter referred to as "the administrators".6
Monies in the fund shall be distributed to probation and parole, reentry initiatives,7
and local prison facilities through a grant program established by the administrators.8
The administrators shall allocate funds as necessary for the purposes provided in9
Subsection C of this Section. The administrators shall promulgate such rules,10
regulations, and procedures as are necessary in administering the provisions of this11
Section.12
Section 3. R.S. 15:827.1(E)(3)(b) is hereby repealed in its entirety.13
Section 4. The provisions of Sections 1 and 3 of this Act shall have prospective14
application only and shall only apply to persons convicted on or after the effective date of15
this Act.16
Section 5. The Department of Public Safety and Corrections shall measure and17
document cost savings from the implementation of this Act. The Department of Public18
Safety and Corrections shall establish a baseline for measurement using the average number19
of inmates incarcerated at each type of penal or correctional institution as defined in R.S.20
15:824 and at local parish jails or institutions in Fiscal Year 2013-2014. The Department21
of Public Safety and Corrections shall provide information regarding the estimated savings22
to the legislature. The Louisiana Legislature shall appropriate the savings realized by the23
provisions of this Act to be deposited in the fund created by, and for the purposes set forth24
in, R.S. 15:824.2 enacted in Section 2 of this Act. 25 HLS 14RS-2312 ENGROSSED
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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)]
Katrina Jackson HB No. 1255
Abstract: Provides relative to parole for persons convicted of crimes of violence, creates
the Programs to Reduce Recidivism Fund, and provides for the administration of,
distribution from, and appropriation of monies into the fund.
Present law provides for parole eligibility for offenders convicted of a crime of violence
upon serving 85% of the sentence imposed.
Proposed law amends present law to provide parole eligibility for these offenders upon
serving 75% of the sentence imposed. Provides for prospective application of this provision
of proposed law to apply only those persons convicted on or after the effective date of
proposed law.
Present law provides that a unanimous vote of the committee on parole is required to grant
parole for any person convicted of a crime of violence.
Present law provides that the committee on parole may grant parole with a majority vote for
non-violent, non-sex offenders when certain conditions are met.
Proposed law amends present law to authorize the granting of parole by majority vote for
a person convicted of a crime of violence when the conditions set forth in present law are
met, including completion of at least 100 hours of a reentry preparation program as provided
by present law.
Proposed law repeals the provision of present law which prohibits persons convicted of a
crime of violence from being eligible to participate in the reentry preparation program and
thus making such persons eligible for the granting of parole by majority vote.
Proposed law provides that these proposed law provisions regarding the majority vote and
eligibility to participate in reentry preparation programs for persons convicted of a crime of
violence are prospective and are only applicable to persons convicted on or after the
effective date of proposed law.
Proposed law creates the Programs to Reduce Recidivism Fund which shall be administered
by the La. Commission on Law Enforcement and the Administration of Criminal Justice and
the Dept. of Public Safety and Corrections for the following purposes:
(1)To defray the operational expenses of probation and parole and reentry initiatives.
(2)To assist in establishing and reimbursing the operational expenses of local
corrections rehabilitative programs.
Provides that any savings realized from the proposed law reduction in the amount of time
a person convicted of a crime of violence is required to serve prior to being eligible for
parole consideration shall be appropriated into the fund.
(Amends R.S. 15:574.2(C)(2)(a) and 574.4(B)(1); Adds R.S. 15:824.2; Repeals R.S.
15:827.1(E)(3)(b))