HLS 14RS-269 ORIGINAL Page 1 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2014 HOUSE BILL NO. 682 BY REPRESENTATIVE KATRINA JACKSON CRIMINAL/SENTENCING: Provides relative to parole for persons convicted of certain 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), 574.4(B)(1), and 827.1(E)(3)(b) and to enact2 R.S. 15:824.2, relative to parole; to provide relative to parole eligibility for persons3 convicted of certain crimes of violence; to provide for prospective application; to4 change the number of votes required to grant parole for certain offenders 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) and 827.1(E)(3)(b) 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-269 ORIGINAL HB NO. 682 Page 2 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 (b) The offender has not been convicted of any of the following crimes of10 violence: first degree murder, second degree murder, aggravated rape, forcible rape,11 simple rape, sexual battery, second degree sexual battery, intentional exposure to12 AIDS virus, aggravated kidnapping, second degree kidnapping, aggravated arson,13 armed robbery, carjacking, armed robbery use of firearm additional penalty, second14 degree robbery, aggravated burglary, disarming a peace officer, trafficking of15 children for sexual purposes, human trafficking, and home invasion.16 (b)(c) The offender has not committed any disciplinary offenses in the17 twelve consecutive months prior to the parole eligibility date.18 (c)(d) The offender has completed the mandatory minimum of one hundred19 hours of pre-release programming in accordance with R.S. 15:827.1.20 (d)(e) The offender has completed substance abuse treatment as applicable.21 (e)(f) The offender has obtained a GED credential, unless the offender has22 previously obtained a high school diploma or is deemed by a certified educator as23 being incapable of obtaining a GED credential due to a learning disability. If the24 offender is deemed incapable of obtaining a GED credential, the offender must25 complete at least one of the following: a literacy program, an adult basic education26 program, or a job skills training program.27 HLS 14RS-269 ORIGINAL HB NO. 682 Page 3 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (f)(g) The offender has obtained a low-risk level designation determined by1 a validated risk assessment instrument approved by the secretary of the Department2 of Public Safety and Corrections.3 * * *4 §827.1. Reentry preparation program; establishment5 * * *6 E.7 * * *8 (3) An offender convicted of any of the following offenses shall not be9 eligible for participation in the program:10 * * *11 (b) A crime Any of the following crimes of violence as defined in R.S.12 14:2(B): first degree murder, second degree murder, aggravated rape, forcible rape,13 simple rape, sexual battery, second degree sexual battery, intentional exposure to14 AIDS virus, aggravated kidnapping, second degree kidnapping, aggravated arson,15 armed robbery, carjacking, armed robbery use of firearm additional penalty, second16 degree robbery, aggravated burglary, disarming a peace officer, trafficking of17 children for sexual purposes, human trafficking, and home invasion.18 * * *19 Section 2. R.S. 15:574.4(B)(1) is hereby amended and reenacted to read as follows:20 §574.4. Parole; eligibility21 * * *22 B.(1) No person shall be eligible for parole consideration who has been23 convicted of armed robbery and denied parole eligibility under the provisions of R.S.24 14:64. Except as provided in Paragraph (2) of this Subsection, and except as25 provided in Subsections D and E of this Section, no prisoner serving a life sentence26 shall be eligible for parole consideration until his life sentence has been commuted27 to a fixed term of years. No prisoner sentenced as a serial sexual offender shall be28 eligible for parole. No prisoner may be paroled while there is pending against him29 HLS 14RS-269 ORIGINAL HB NO. 682 Page 4 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. any indictment or information for any crime suspected of having been committed by1 him while a prisoner. Notwithstanding any other provisions of law to the contrary,2 a person convicted of a crime of violence and not otherwise ineligible for parole shall3 serve at least eighty-five seventy-five percent of the sentence imposed, before being4 eligible for parole. The victim or victim's family shall be notified whenever the5 offender is to be released provided that the victim or victim's family has completed6 a Louisiana victim notice and registration form as provided in R.S. 46:1841 et seq.,7 or has otherwise provided contact information and has indicated to the Department8 of Public Safety and Corrections, Crime Victims Services Bureau, that they desire9 such notification.10 * * *11 Section 3. R.S. 15:824.2 is hereby enacted to read as follows:12 §824.2. Programs to Reduce Recidivism Fund13 A. The Programs to Reduce Recidivism Fund, hereinafter referred to as the14 "fund", is hereby created in the state treasury. Interest earned on the investment of15 monies in the fund shall be deposited in and credited to the fund. Unexpended and16 unencumbered monies in the fund at the close of each fiscal year shall remain in the17 fund. Monies in the fund shall be appropriated, administered, and used solely and18 exclusively for the purposes set forth in this Section.19 B. The fund shall be comprised of all monies appropriated, donated, or20 otherwise made available to provide funding for the purposes set forth in the21 provisions of this Section. Any funds realized from a reduction in the amount of22 time a person convicted of a crime of violence is required to serve prior to being23 eligible for parole consideration as provided for in R.S. 15:574.4(B) shall also be24 appropriated to the fund. All of such monies required to be deposited in the state25 treasury in accordance with Article VII, Section 9(A) of the Constitution of26 Louisiana shall be deposited in the fund after first meeting the requirements of27 Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond28 Security and Redemption Fund.29 HLS 14RS-269 ORIGINAL HB NO. 682 Page 5 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. C. Monies in the fund shall be appropriated and used to assist in establishing1 and to reimburse operations costs of local corrections rehabilitative programs that2 provide inmates housed in local facilities with fundamental resources in the areas of3 employment, life skills training, and job placement and that provide the inmates with4 access to as many support services as possible in order to appreciably increase the5 likelihood of successful reentry into society and to reduce recidivism.6 D. The fund shall be administered by the Louisiana Commission on Law7 Enforcement and the Administration of Criminal Justice. Monies in the fund shall8 be distributed to local prison facilities through a grant program established by the9 commission. The commission shall allocate from the fund such monies as are10 necessary in administering the grant program. The commission shall promulgate11 such rules, regulations, and procedures as are necessary in administering the12 provisions of this Section.13 Section 4. The provisions of Section 2 of this Act shall have prospective application14 only and shall only apply to persons convicted on or after the effective date of this Act.15 Section 5. The Department of Public Safety and Corrections shall measure and16 document cost savings from the implementation of this Act. The Department of Public17 Safety and Corrections shall establish a baseline for measurement using the average number18 of inmates incarcerated at each type of penal or correctional institution as defined in R.S.19 15:824 and at local parish jails or institutions in Fiscal Year 2013-2014. The Department20 of Public Safety and Corrections shall provide information regarding the estimated savings21 to the legislature. The Louisiana Legislature shall appropriate the savings realized by the22 provisions of this Act to be deposited in the fund created by, and for the purposes set forth23 in, R.S. 15:824.2 enacted in Section 3 of this Act. 24 HLS 14RS-269 ORIGINAL HB NO. 682 Page 6 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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. 682 Abstract: Provides relative to parole for persons convicted of certain 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. 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 persons convicted of certain crimes of violence who meet the conditions set forth in present law including completion of at least 100 hours of a reentry preparation program as provided by present law. Proposed law amends present law to authorize persons convicted of the following crimes of violence to be eligible to participate in the program and thus be eligible for the granting of parole by majority vote: solicitation for murder, manslaughter, aggravated battery, second degree battery, aggravated assault, mingling harmful substances, simple kidnapping, aggravated criminal damage to property, first degree robbery, simple robbery, purse snatching, extortion, assault by drive-by-shooting, illegal use of weapons or dangerous instrumentalities, terrorism, aggravated second degree battery, aggravated assault upon a peace officer with a firearm, aggravated assault with a firearm, stalking, second degree cruelty to juveniles, aggravated flight from an officer, and battery of a police officer. 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 to establish a grant program which shall distribute funds to local prison facilities to assist in establishing and to reimburse operations costs of local corrections rehabilitative programs that provide inmates with fundamental resources in the areas of employment, life skills training, and job placement and that provide the inmates with access to as many support services as possible in order to appreciably increase the likelihood of successful reentry into free society and to reduce recidivism. Proposed law 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), 574.4(B)(1), and 827.1(E)(3)(b); Adds R.S. 15:824.2)