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Regular Session, 2014
SENATE BILL NO. 205
BY SENATOR GUILLORY
PROBATION/PAROLE. Provides for medical parole for offenders upon the referral of the
Department of Public Safety and Corrections. (8/1/14)
AN ACT1
To amend and reenact R.S. 15:574.4(B)(1) and 15:574.20(A), to enact R.S. 15:574.4.6,2
relative to parole eligibility; to provide for the transitional parole supervision3
program; to provide for the medical parole program; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 15:574.4(B)(1) and 15:574.20(A) are hereby amended and reenacted7
and R.S. 15:574.4.6 is hereby enacted to read as follows: 8
§574.4. Parole; eligibility9
* * *10
B.(1)(a) No person shall be eligible for parole consideration who has been11
convicted of armed robbery and denied parole eligibility under the provisions of R.S.12
14:64. Except as provided in Paragraph (2) of this Subsection, and except as13
provided in Subsections D and E of this Section, and R.S. 15:574.4.6, no prisoner14
serving a life sentence shall be eligible for parole consideration until his life sentence15
has been commuted to a fixed term of years. No prisoner sentenced as a serial sexual16
offender shall be eligible for parole. No prisoner may be paroled while there is17 SB NO. 205
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pending against him any indictment or information for any crime suspected of having1
been committed by him while a prisoner. Notwithstanding any other provisions of2
law to the contrary, a person convicted of a first time crime of violence and not3
otherwise ineligible for parole shall serve at least eighty-five sixty-five percent of4
the sentence imposed, before being eligible for parole and a person convicted of a5
second time crime of violence and not otherwise ineligible for parole shall serve6
at least seventy-five percent of the sentence imposed, before being eligible for7
parole, provided these persons meet the criteria set forth in subparagraph (b)8
of this Paragraph. The victim or victim's family shall be notified whenever the9
offender is to be released provided that the victim or victim's family has completed10
a Louisiana victim notice and registration form as provided in R.S. 46:1841 et seq.,11
or has otherwise provided contact information and has indicated to the Department12
of Public Safety and Corrections, Crime Victims Services Bureau, that they desire13
such notification.14
(b) A person convicted of a first or second crime of violence shall be15
eligible for parole in accordance with subparagraph (a) of this paragraph16
provided that the following conditions are met:17
(i) The offender has not committed any disciplinary offenses in twelve18
consecutive months prior to the parole eligibility date.19
(ii) The offender has completed the mandatory minimum of one hundred20
hours of pre-release programming in accordance with the provisions of R.S.21
15:827.1 if such programming is available at the facility where the offender is22
incarcerated.23
(iii) The offender has completed substance abuse treatment as applicable.24
(iv) The offender has obtained a GED credential, unless the offender has25
previously obtained a high school diploma or is deemed by a certified educator26
as being incapable of obtaining a GED credential due to a learning disability.27
If the offender is deemed incapable of obtaining a GED credential, the offender28
shall complete at least one of the following: a literacy program, an adult basic29 SB NO. 205
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education program, or a job-skills training program.1
(v) The offender has obtained a low-risk level designation determined by2
a validated risk assessment instrument approved by the secretary of the3
Department of Public Safety and Corrections.4
* * *5
§ 574.4.6. Parole; transitional parole supervision program; eligibility6
A. A transitional parole supervision program shall be established and7
administered by the Department of Public Safety and Corrections and the8
committee on parole.9
B. Notwithstanding any provision of law to the contrary, except a person10
sentenced as a serial sexual offender as defined by R.S. 15:536, unless eligible11
for parole at an earlier date, any person serving a sentence who has been12
convicted of an offense defined by R.S. 14:2(B) shall be eligible for transitional13
parole consideration pursuant to upon serving twenty-five years in actual14
custody and reaching the age of forty-five if all of the following conditions are15
met:16
(1) The offender has not committed any disciplinary offenses in twelve17
consecutive months prior to the transitional parole eligibility date.18
(2) The offender has completed the mandatory minimum of one hundred19
hours of pre-release programming in accordance with the provisions of R.S.20
15:827.1 if such programming is available at the facility where the offender is21
incarcerated.22
(3) The offender has completed substance abuse treatment as applicable.23
(4) The offender has completed sex offender treatment as applicable.24
(5) The offender has obtained a GED credential, unless the offender has25
previously obtained a high school diploma or is deemed by a certified educator26
as being incapable of obtaining a GED credential due to a learning disability.27
If the offender is deemed incapable of obtaining a GED credential, the offender28
shall complete at least one of the following: a literacy program, an adult basic29 SB NO. 205
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education program, or a job-skills training program.1
(6) The offender has obtained a low-risk level designation determined by2
a validated risk assessment instrument approved by the secretary of the3
Department of Public Safety and Corrections.4
(7) The offender agrees to electronic monitoring for the duration of his5
time in the transitional parole program or parole term or until such time the6
Office of Probation and Parole deems it proper that the offender be removed7
from electronic monitoring. The costs of electronic monitoring shall be paid by8
the offender.9
(8) The offender has displayed significant participation in the certified10
treatment and rehabilitation programs available at the institution where he is11
housed.12
(C) When an offender becomes eligible for transitional parole, the13
committee on parole shall conduct a hearing in the same manner as a regular14
parole hearing. Upon a unanimous recommendation by the committee, it shall15
be ordered that the offender be placed in a work release facility, half-way house,16
or other transitional housing or facility as appropriate for that particular17
offender's case, for a period not to exceed three years. The committee shall18
place any additional conditions upon the offender as deemed necessary during19
the transitional parole period. An offender may be revoked from the20
transitional parole program in the same manner as regular parole as provided21
in R.S. 15:574.9.22
(D) After the offender has completed the time in the transitional parole23
facility or housing, he shall reappear before the committee. If it is determined24
by a majority of the committee that the offender has conducted himself in a25
manner satisfactorily to the committee and has substantially complied with the26
conditions set forth for his transition period, the committee shall order that the27
offender be placed on parole supervision. If it is determined that the offender28
has not conducted himself in a manner satisfactorily to the committee and has29 SB NO. 205
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not substantially complied with the conditions set forth for his transition period,1
the committee shall order the offender remanded to the Department of2
Corrections to serve the remainder of his sentence. The board shall render3
specific findings of fact in support of its decision.4
E. When the offender is released to parole supervision by the committee,5
the committee shall require the offender to comply with the following conditions6
of parole supervision in addition to any other conditions of parole ordered by7
the committee:8
(1) Be subject to multiple monthly visits with his supervising officers9
without prior notice.10
(2) Abide by any curfew set by his supervising officers.11
(3) Perform at least five hundred hours of unpaid community service12
work during the period of parole supervision.13
(4) Refrain from using or possessing any controlled dangerous substance14
or alcoholic beverage and submit, at his own expense, to screening, evaluation,15
and treatment for controlled dangerous substance or alcohol abuse as directed16
by his supervising officers.17
(5) Remain on electronic monitoring for the duration of his parole term18
or until such time the Office of Probation and Parole deems it proper that the19
offender be removed from electronic monitoring. The costs of electronic20
monitoring shall be paid by the offender.21
* * *22
§574.20. Medical parole program; eligibility; revocation23
A.(1) Notwithstanding the provisions of this Part or any other law to the24
contrary, any person sentenced to the custody of the Department of Public Safety and25
Corrections may, upon referral by the department, be considered for medical parole26
by the committee of parole. Medical parole consideration shall be in addition to any27
other parole for which an inmate may be eligible, but shall not be available to any28
inmate who is awaiting execution or who has a contagious disease. A person29 SB NO. 205
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seeking medical parole shall apply to the Board of Parole, and the Board shall1
verify with the Department if the applicant qualifies under Subsection B of this2
Section.3
(2) Medical parole shall not be available to any inmate serving time for the4
violation of R.S. 14:30, first degree murder; or R.S. 14:30.1, second degree murder.5
* * *6
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 SB NO. 205
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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: SB NO. 205
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(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)