The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by James Benton.
DIGEST
Guillory (SB 205)
Present law provides that a person convicted of a crime of violence and not otherwise ineligible
for parole must serve at least 85% of the sentence imposed, before being eligible for parole.
Proposed law changes present law so that a person convicted of a first time crime of violence and
not otherwise ineligible for parole shall serve at least 65% of the sentence imposed, before being
eligible for parole and a person convicted of a second time crime of violence and not otherwise
ineligible for parole will serve at least 75% percent of the sentence imposed, before being eligible
for parole, provided these persons meet the criteria set forth in proposed law.
Proposed law provides that a person convicted of a first or second crime of violence will be
eligible for parole in accordance with present law provided that the following conditions are met:
(1)The offender has not committed any disciplinary offenses in 12 consecutive months prior
to the parole eligibility date.
(2)The offender has completed the mandatory minimum of one hundred hours of pre-release
programming in accordance with the provisions of present law if such programming is
available at the facility where the offender is incarcerated.
(3)The offender has completed substance abuse treatment as applicable.
(4)The offender has obtained a GED credential, unless the offender has previously obtained
a high school diploma or is deemed by a certified educator as being incapable of
obtaining a GED credential due to a learning disability. If the offender is deemed
incapable of obtaining a GED credential, the offender will complete one of the alternative
programs outlined in proposed law.
(5)The offender has obtained a low-risk level designation determined by a validated risk
assessment instrument approved by the secretary of the Department of Public Safety and
Corrections.
Proposed law provides that the transitional parole supervision program will be established and
administered by the Department of Public Safety and Corrections and the committee on parole.
Proposed law provides that, except a person sentenced as a serial sexual offender as defined by
present law, unless eligible for parole at an earlier date, any person serving a sentence who has
been convicted of an offense defined by present law will be eligible for transitional parole
consideration pursuant to upon serving 25 years in actual custody and reaching the age of 45 if all of the following conditions are met:
(1)The offender has not committed any disciplinary offenses in 12 consecutive months prior
to the transitional parole eligibility date.
(2)The offender has completed the mandatory minimum of 100 hours of pre-release
programming in accordance with the provisions of present law if such programming is
available at the facility where the offender is incarcerated.
(3)The offender has completed substance abuse treatment as applicable.
(4)The offender has completed sex offender treatment as applicable.
(5)The offender has obtained a GED credential, unless the offender has previously obtained
a high school diploma or is deemed by a certified educator as being incapable of
obtaining a GED credential due to a learning disability. If the offender is deemed
incapable of obtaining a GED credential, the offender will complete one of the alternative
programs outlined in proposed law.
(6)The offender has obtained a low-risk level designation determined by a validated risk
assessment instrument approved by the secretary of the Department of Public Safety and
Corrections.
(7)The offender agrees to electronic monitoring for the duration of his time in the
transitional parole program or parole term or until such time the Office of Probation and
Parole deems it proper that the offender be removed from electronic monitoring. The
costs of electronic monitoring will be paid by the offender.
(8)The offender has displayed significant participation in the certified treatment and
rehabilitation programs available at the institution where he is housed.
Proposed law provides that when an offender becomes eligible for transitional parole, the
committee on parole will conduct a hearing in the same manner as a regular parole hearing. Upon
a unanimous recommendation by the committee, it will be ordered that the offender be placed in
a work release facility, half-way house, or other transitional housing or facility as appropriate for
that particular offender's case, for a period not to exceed three years. The committee will place
any additional conditions upon the offender as deemed necessary during the transitional parole
period. An offender may be revoked from the transitional parole program in the same manner as
regular parole.
Proposed law provides that after the offender has completed the time in the transitional parole
facility or housing, he will reappear before the committee. If it is determined by a majority of the
committee that the offender has conducted himself in a manner satisfactorily to the committee
and has substantially complied with the conditions set forth for his transition period, the
committee will order that the offender be placed on parole supervision. If it is determined that the offender has not conducted himself in a manner satisfactorily to the committee and has not
substantially complied with the conditions set forth for his transition period, the committee will
order the offender remanded to the Department of Corrections to serve the remainder of his
sentence. The board will render specific findings of fact in support of its decision.
Proposed law provides that when the offender is released to parole supervision by the committee,
the committee will require the offender to comply with the following conditions of parole
supervision in addition to any other conditions of parole ordered by the committee:
(1)Be subject to multiple monthly visits with his supervising officers without prior notice.
(2)Abide by any curfew set by his supervising officers.
(3)Perform at least 500 hours of unpaid community service work during the period of parole
supervision.
(4)Refrain from using or possessing any controlled dangerous substance or alcoholic
beverage and submit, at his own expense, to screening, evaluation, and treatment for
controlled dangerous substance or alcohol abuse as directed by his supervising officers.
(5)Remain on electronic monitoring for the duration of his parole term or until such time the
Office of Probation and Parole deems it proper that the offender be removed from
electronic monitoring. The costs of electronic monitoring will be paid by the offender.
Present law provides that any person sentenced to the custody of the Department of Public Safety
and Corrections may, upon referral by the department, be considered for medical parole by the
committee of parole. Medical parole consideration will be in addition to any other parole for
which an inmate may be eligible, but will not be available to any inmate who is awaiting
execution or who has a contagious disease.
Proposed law removes requirement that a person eligible for medical parole be referred by the
Department of Public Safethy and Corrections and allows that person to apply to the Board of
Parole directly, and the Board will verify with the Department if the applicant qualifies under the
provisions of proposed law.
Present law provides that a medical parole will not be available to any inmate serving time for
the violation of first degree murder; or second degree murder.
Proposed law deletes present law.
Effective August 1, 2014.
(Amends R.S. 15:574.4(B)(1) and 574.20(A); adds R.S. 15:574.4.6)