ENROLLED
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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
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
C.20
* * *21
(2) The committee may grant parole with two votes of a three-member panel,22
or, if the number exceeds a three-member panel, a majority vote of those present if23
all of the following conditions are met:24 ENROLLEDHB NO. 1255
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(a) The offender has not been convicted of a crime of violence as defined in1
R.S. 14:2(B) or a sex offense as defined in R.S. 15:541, or convicted of or an offense2
which would constitute a crime of violence as defined in R.S. 14:2(B) or a sex3
offense as defined in R.S. 15:541, regardless of the date of conviction.4
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§574.4. Parole; eligibility6
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B.(1) No person shall be eligible for parole consideration who has been8
convicted of armed robbery and denied parole eligibility under the provisions of R.S.9
14:64. Except as provided in Paragraph (2) of this Subsection, and except as10
provided in Subsections D and E of this Section, no prisoner serving a life sentence11
shall be eligible for parole consideration until his life sentence has been commuted12
to a fixed term of years. No prisoner sentenced as a serial sexual offender shall be13
eligible for parole. No prisoner may be paroled while there is pending against him14
any indictment or information for any crime suspected of having been committed by15
him while a prisoner. Notwithstanding any other provisions of law to the contrary,16
a person convicted of a crime of violence and not otherwise ineligible for parole shall17
serve at least eighty-five seventy-five percent of the sentence imposed, before being18
eligible for parole. The victim or victim's family shall be notified whenever the19
offender is to be released provided that the victim or victim's family has completed20
a Louisiana victim notice and registration form as provided in R.S. 46:1841 et seq.,21
or has otherwise provided contact information and has indicated to the Department22
of Public Safety and Corrections, Crime Victims Services Bureau, that they desire23
such notification.24
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Section 2. R.S. 15:824.2 is hereby enacted to read as follows:26
§824.2. Programs to Reduce Recidivism Fund27
A. The Programs to Reduce Recidivism Fund, hereinafter referred to as the28
"fund", is hereby created in the state treasury. Interest earned on the investment of29
monies in the fund shall be deposited in and credited to the fund. Unexpended and30 ENROLLEDHB NO. 1255
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unencumbered monies in the fund at the close of each fiscal year shall remain in the1
fund. Monies in the fund shall be appropriated, administered, and used solely and2
exclusively for the purposes provided by this Section.3
B. The fund shall be comprised of all monies appropriated, donated, or4
otherwise made available to provide funding for the purposes set forth in the5
provisions of this Section. Any funds realized from a reduction in the amount of6
time a person convicted of a crime of violence is required to serve prior to being7
eligible for parole consideration as provided for in R.S. 15:574.4(B) shall also be8
appropriated to the fund. All of such monies required to be deposited in the state9
treasury in accordance with Article VII, Section 9(A) of the Constitution of10
Louisiana shall be deposited in the fund after first meeting the requirements of11
Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond12
Security and Redemption Fund.13
C. Monies in the fund shall be appropriated and used for the following14
purposes:15
(1) To defray the operational expenses of probation and parole and reentry16
initiatives.17
(2) To assist in establishing and reimbursing the operational expenses of18
local corrections rehabilitative programs that do the following:19
(a) Provide inmates housed in local facilities with fundamental resources in20
the areas of employment, life skills training, and job placement.21
(b) Provide the inmates with access to as many support services as possible22
to appreciably increase the likelihood of successful reentry into society and to reduce23
recidivism.24
D. The fund shall be administered by the Louisiana Commission on Law25
Enforcement and the Administration of Criminal Justice and the Department of26
Public Safety and Corrections, hereinafter referred to as "the administrators".27
Monies in the fund shall be distributed to probation and parole, reentry initiatives,28
and local prison facilities through a grant program established by the administrators.29
The administrators shall allocate funds as necessary for the purposes provided in30 ENROLLEDHB NO. 1255
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Subsection C of this Section. The administrators shall promulgate such rules,1
regulations, and procedures as are necessary in administering the provisions of this2
Section.3
Section 3. R.S. 15:827.1(E)(3)(b) is hereby repealed in its entirety.4
Section 4. The provisions of Sections 1 and 3 of this Act shall have prospective5
application only and shall apply only to persons convicted on or after the effective date of6
this Act.7
Section 5. The Department of Public Safety and Corrections shall measure and8
document cost savings from the implementation of this Act. The Department of Public9
Safety and Corrections shall establish a baseline for measurement using the average number10
of inmates incarcerated at each type of penal or correctional institution as defined in R.S.11
15:824 and at local parish jails or institutions in Fiscal Year 2013-2014. The Department12
of Public Safety and Corrections shall provide information regarding the estimated savings13
to the legislature. The Louisiana Legislature shall appropriate the savings realized by the14
provisions of this Act to be deposited in the fund created by, and for the purposes set forth15
in, R.S. 15:824.2 enacted in Section 2 of this Act. 16
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: