HLS 14RS-508 ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 679
BY REPRESENTATIVE KATRINA JACKSON
CRIMINAL/SENTENCING: Provides relative to the policies, duties, powers, and reports
of the Louisiana Sentencing Commission
AN ACT1
To amend and reenact R.S. 15:321(A), (B), (C), (D), and (E), relative to the Louisiana2
Sentencing Commission; to provide relative to the findings of the legislature with3
regard to sentencing policy and procedure; to provide relative to the adoption of4
sentencing policies; to provide relative to the duties of the Louisiana Sentencing5
Commission; to require the Louisiana Sentencing Commission to monitor and report6
on compliance with sentencing standards; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 15:321(A), (B), (C), (D), and (E) are hereby amended and reenacted9
to read as follows: 10
ยง321. Purpose; duties of the commission; conducting of evaluation of sentencing11
structure; report12
A. The legislature recognizes the following:13
(1) The enactment of statutes defining criminal offenses and the14
establishment of ranges of penalties for those offenses is a matter of substantive law15
solely within the prerogative of the legislature. The determination and imposition16
of sentence in particular cases is generally the function of the sentencing court,17
subject to appellate review and to mandatory sentences provided by law.18
B.(2) The legislature has determined that the best interest of the state would19
be served by the development and implementation of a uniform sentencing policy for20 HLS 14RS-508 ORIGINAL
HB NO. 679
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use by the Louisiana judiciary. The purpose of the Louisiana Sentencing1
Commission is to assist the judiciary and the legislature in formulating such policy.2
C.B. The legislature further determines all of adopts the following with3
regard to sentencing policy in this state:4
(1) Criminal sentences should appropriately reflect the seriousness of the5
offender's crime and should meet the multiple objectives of punishment, deterrence,6
and rehabilitation.7
(2) An equitable system of criminal justice must ensure that crimes of similar8
seriousness result in similar sanctions for similarly situated offenders.9
(3) Significant disparities in how similar crimes are treated diminish the10
public's trust and faith in our criminal justice system.11
(4) The system of criminal sanctions in the state of Louisiana has grown12
increasingly complex.13
(5) A comprehensive review of Louisiana's sentencing structure will provide14
the state with crucial guidance to ensure the imposition of appropriate and just15
criminal sanctions and to make the most efficient use of the correctional system and16
community resources.17
D.C. The commission shall conduct a continuous review of the state's18
sentencing structure based upon existing criminal law and law relative to criminal19
procedure. The commission may recommend such legislation as may be necessary20
and appropriate to achieve a uniform sentencing policy that ensures public safety and21
the imposition of appropriate and just sentences in terms that are clear and22
transparent and which make the most efficient use of the correctional system and23
community resources.24
E.D. The commission shall conduct a comprehensive review of Louisiana's25
current sentencing structure, sentencing practices, probation and parole supervision,26
and the use of alternatives to incarceration, including a review and evaluation of all27
of the following:28 HLS 14RS-508 ORIGINAL
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(1) The existing statutory provisions by which an offender is sentenced to1
or can be released from incarceration, including but not limited to home2
incarceration, electronic monitoring, unsupervised and supervised parole and3
probation, good time diminution of sentence, intensive incarceration and intensive4
parole supervision, and work-release programs.5
(2) The existing sentencing provisions as to their uniformity, certainty,6
consistency, and adequacy.7
(3) The lengths of incarceration and parole and probation supervision that8
result from the current sentence structure and the incentives or barriers to the9
appropriate utilization of alternatives to incarceration.10
(4) The extent to which education, job training, and reentry preparation11
programs can both facilitate the readiness of inmates to transition into the12
community and reduce recidivism.13
(5) The impact of existing sentences upon the state criminal justice system,14
including state prison capacity, parish jail capacity, probation and parole resources,15
judicial operations, and law enforcement responsibilities.16
(6) The relationship that a sentence or other criminal sanction has to public17
safety and the likelihood of recidivism.18
(7) The expected future trends in sentencing.19
E. The commission shall monitor compliance with sentencing standards set20
forth in the provisions of this Section, assess their impact on the correctional21
resources of the state, and determine if the sentencing practices further these22
standards. Any recommendations the commission may have for amendments to state23
law that are based upon their findings pursuant to the provisions of this Subsection24
may be included in the biannual issuance of recommendations required by the25
provisions of Subsection G of this Section.26
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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. 679
Abstract: Provides relative to the policies, duties, powers, and reports of the Louisiana
Sentencing Commission.
Present law provides for the creation of the La. Sentencing Commission with the purpose
of assisting the legislature and the judiciary in formulating consistent and uniform
sentencing policies, and further provides that the commission shall annually review the
state's sentencing structure and recommend changes as appropriate.
Present law requires the La. Sentencing Commission to make biannual recommendations for
amendments to state law that will maximize uniformity, certainty, consistency, and adequacy
of the sentencing structure.
Proposed law retains present law and requires the La. Sentencing Commission to monitor
compliance with sentencing standards set forth in present law, assess their impact on the
correctional resources of the state, and determine if the sentencing practices further these
standards. Proposed law further provides that any recommendations that are based upon the
La. Sentencing Commission's findings pursuant to proposed law may be included in the
biannual issuance of recommendations required by present law.
(Amends R.S. 15:321(A), (B), (C), (D), and (E))