HLS 14RS-269 ORIGINAL
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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
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HB NO. 682
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C.1
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(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
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(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
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§827.1. Reentry preparation program; establishment5
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E.7
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(3) An offender convicted of any of the following offenses shall not be9
eligible for participation in the program:10
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(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
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Section 2. R.S. 15:574.4(B)(1) is hereby amended and reenacted to read as follows:20
§574.4. Parole; eligibility21
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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
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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
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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
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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
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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. 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)