Louisiana 2014 2014 Regular Session

Louisiana House Bill HB329 Engrossed / Bill

                    HLS 14RS-873	ENGROSSED
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are additions.
Regular Session, 2014
HOUSE BILL NO. 329
BY REPRESENTATIVE LOPINTO
PAROLE:  Amends provisions of law regarding parole eligibility
AN ACT1
To enact R.S. 15:574.4(A)(5), relative to parole eligibility; to provide for eligibility for2
parole consideration for certain inmates who are at least fifty years of age and have3
met certain conditions; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1.  R.S. 15:574.4(A)(5) is hereby enacted to read as follows: 6
ยง574.4.  Parole; eligibility7
A.8
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(5) Notwithstanding any provision of law to the contrary, unless eligible for10
parole at an earlier date, a person committed to the Department of Public Safety and11
Corrections for a term or terms of imprisonment with or without benefit of parole or12
a person serving a life sentence ordered pursuant to the provisions of R.S. 15:529.113
that were ameliorated by Section 2 of Act No. 403 of the 2001 Regular Session of14
the Legislature shall be eligible for parole consideration upon reaching the age of15
fifty years old if all of the following conditions are met:16
(a) The offender has not been convicted of a crime of violence as defined in17
R.S. 14:2(B); however, for purposes of this Paragraph, a conviction shall not be18
considered a crime of violence if in fact physical violence was not perpetrated19
against the victim in the commission of the crime.20 HLS 14RS-873	ENGROSSED
HB NO. 329
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are additions.
(b)  The offender has served at least fifteen years of imprisonment in actual1
custody.2
(c) The offender has not committed any disciplinary offenses in twelve3
consecutive months prior to the parole eligibility date.4
(d)  The offender has completed substance abuse treatment as applicable.5
(e) The offender has completed anger management treatment as applicable.6
(f) The offender has obtained a low-risk level designation determined by a7
validated risk assessment instrument approved by the secretary of the Department8
of Public Safety and Corrections.9
(g) The offender has completed the mandatory minimum of one hundred10
hours of prerelease programming in accordance with the provisions of R.S. 15:827.1,11
if such programming is available.12
(h)  The offender has obtained a GED credential, unless the offender has13
previously obtained a high school diploma or is deemed by a certified educator as14
being incapable of obtaining a GED credential due to a learning disability or because15
such programming is not available. If the offender is deemed incapable of obtaining16
a GED credential, the offender shall successfully complete at least one of the17
following:18
(i)  A literacy program.19
(ii)  An adult basic education program.20
(iii)  A job skills training program.21
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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)]
Lopinto	HB No. 329
Abstract: Provides for parole eligibility for certain offenders.
Present law provides for eligibility for parole consideration for certain offenders. HLS 14RS-873	ENGROSSED
HB NO. 329
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law retains present law and makes an exception to present law to provide that
notwithstanding any provision of law to the contrary, unless eligible for parole at an earlier
date, a person committed to the Department of Public Safety and Corrections (DPS&C) for
a term or terms of imprisonment with or without benefit of parole or a person serving a life
sentence ordered pursuant to the Habitual Offender Law enacted by Act No. 1245 of the
1995 R.S., shall be eligible for parole consideration upon reaching age 50 if all of the
following conditions are met:
(1)The offender has not been convicted of a crime of violence as defined in present law;
however, for purposes of proposed law, a conviction shall not be considered to be for
a crime of violence if in fact physical violence was not perpetrated against the victim
in the commission of the crime.
(2)The offender has served at least 15 years of imprisonment in actual custody.
(3)The offender has not committed any disciplinary offenses in 12 consecutive months
prior to the parole eligibility date.
(4)The offender has completed substance abuse treatment, as applicable.
(5)The offender has completed anger management treatment, as applicable.
(6)The offender has obtained a low-risk level designation determined by a validated risk
assessment instrument approved by the secretary of the DPS&C.
(7)The offender has completed the mandatory minimum of 100 hours of prerelease
programming, if available.
(8)The offender has obtained a GED credential, unless the offender has a high school
diploma or is deemed by a certified educator as incapable of obtaining a GED due
to a learning disability or because such programming is not available. If the offender
is deemed incapable of obtaining a GED, the offender must successfully complete
either a literacy program, an adult basic education program, or a job skills training
program.
(Adds R.S. 15:574.4(A)(5))