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Regular Session, 2014
SENATE BILL NO. 223
BY SENATOR MURRAY
CRIMINAL PROCEDURE. Creates the Louisiana Risk Review Panel. (gov sig)
AN ACT1
To enact R.S. 15:574.22, relative to probation and parole; to create the Louisiana Risk2
Review Panel; to provide for membership of the panel; to provide for the powers and3
duties of the panel; to provide relative to eligibility for review by the panel; to4
provide for the adoption of rules; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 15:574.22 is hereby enacted to read as follows: 7
ยง574.22. Louisiana Risk Review Panel8
A. The Louisiana Risk Review Panel is hereby created within the9
Department of Public Safety and Corrections. The secretary of the Department10
of Public Safety and Corrections may create not more than three risk review11
panels.12
B. Each panel shall consist of five members in accordance with the13
following provisions:14
(1) One member shall be a board certified psychologist, who shall be15
selected, on a rotating basis, from a pool of nine psychologists authorized and16
approved by the secretary of the Department of Public Safety and Corrections.17 SB NO. 223
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(2) One member shall be the warden, or in his absence the deputy1
warden, of the institution where the offender is incarcerated.2
(3) One member shall be the secretary of the Department of Public3
Safety and Corrections, or his designee, who shall be chairman.4
(4) A retired judge with criminal law experience, who shall be appointed5
by the governor.6
(5) A probation or parole officer with a minimum of ten years7
experience, who shall be appointed by the governor.8
C. A majority of the members of each panel shall constitute a quorum.9
All official actions of the panel shall require the affirmative vote of a majority10
of the members of the panel.11
D. Members, other than the secretary or his designee, the warden or12
deputy warden, or psychologists who are employees of the department, may13
receive a per diem for each day spent in actual attendance of meetings of the14
panel. The amount of the per diem shall be fixed by the secretary in an amount15
not to exceed forty dollars per hour. Members may also receive a mileage16
allowance for mileage traveled in attending meetings. The mileage allowance17
shall be fixed by the panel in an amount not to exceed the mileage rate for state18
employees.19
E. Each panel shall meet on the call of each chairman or upon the20
request of any three members.21
F. The panels shall review, notwithstanding the provisions of R.S.22
15:574.12, presentence reports, prison records, medical and psychological23
records, information and data gathered by the staffs of the Board of Pardons24
and the committee on parole, information provided by the convicted person, the25
district attorney, the assistant district attorney, and any other information26
obtained by the Board of Pardons, the committee on parole, or the Department27
of Public Safety and Corrections.28
G. The panel shall evaluate the risk of danger to society that each person29 SB NO. 223
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who has been convicted of a crime, and who is confined in a prison facility of1
any kind, may present if released from confinement. However, the following2
persons shall not be eligible for review by the Risk Review Panel:3
(1) A person convicted of a crime of violence as defined or enumerated4
in R.S. 14:2(B).5
(2) A person convicted of a sex offense as defined or enumerated in R.S.6
15:541 when the victim is under the age of eighteen years at the time of7
commission of the offense.8
(3) A person convicted of a violation of the Uniform Controlled9
Dangerous Substances Law, except that the following persons shall be evaluated10
by the panel:11
(a) A person convicted of possession as defined in R.S. 40:966(C), 967(C),12
968(C), 969(C), or 970(C).13
(b) A person convicted of distribution or possession with the intent to14
distribute cocaine where the offense of which the person was convicted involves15
less than twenty-eight grams of cocaine.16
(c) A person convicted of distribution or possession with the intent to17
distribute marijuana where the offense of which the person was convicted18
involves less than one pound of marijuana.19
(d) A person sentenced for any other violation of the Uniform Controlled20
Dangerous Substances Law who has served the mandatory minimum sentence21
in actual custody for the offense, or one-half of the sentence imposed, whichever22
is less.23
(e) A person sentenced to a term of life imprisonment for a violation of24
the Uniform Controlled Dangerous Substances Law who has served at least25
seven years of the term of imprisonment in actual custody, except that the26
provisions of this Subparagraph shall not apply to:27
(i) Any person who has been convicted of a sex offense as defined or28
enumerated in R.S. 15:541 when the victim is under the age of eighteen years29 SB NO. 223
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at the time of commission of the offense.1
(ii) Any person who has been sentenced as a habitual offender under R.S.2
15:529.1 where one or more of the crimes for which the person was convicted3
and sentenced under R.S. 15:529.1 is a crime of violence defined or enumerated4
in R.S. 14:2(B).5
(4) A person sentenced as a habitual offender under R.S. 15:529.1 where6
one or more of the crimes for which the person was convicted and sentenced7
under R.S. 15:529.1 is a crime of violence defined or enumerated in R.S.8
14:2(B).9
H. The secretary of the Department of Public Safety and Corrections, on10
or before January 1, 2015, shall adopt and promulgate rules, regulations, and11
procedures under which the panels shall perform their duties. The rules,12
regulations, and procedures shall include but shall not be limited to the13
following:14
(1) The requirements necessary for a convicted person to apply and be15
considered for risk review, the type of crime committed, the age of the convicted16
person, the time served in confinement, the prison record of the convicted17
person, the damage or injury occasioned by the crime committed, any resources18
available to the person in the event of release, and any other criteria or19
information which the panel may deem to be advisable or helpful in the20
performance of its duty.21
(2) The psychological evaluations or other evaluations that shall be22
utilized in order for the panel to make the risk evaluation required by this23
Section.24
(3) The manner in which a victim of the crime or crimes committed by25
the convicted person may provide information to the panel.26
(4) The procedure by which persons who are to be evaluated may apply27
for such risk evaluation.28
(5) The frequency with which such persons may apply for risk29 SB NO. 223
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evaluation.1
(6) The procedure by which risk evaluations shall be conducted, whether2
by record review, by hearing, or by both record review and hearing.3
(7) The manner in which a recommendation of the panel shall be4
determined, reported, and disseminated.5
I. When a panel has determined by a preponderance of the evidence that6
a person will not present a risk of danger to society if released from7
confinement, the panel may recommend that the person be considered for8
clemency by the Board of Pardons or the panel may recommend that the person9
be considered for parole by the committee on parole. The panel may also10
recommend to the appropriate board or committee such conditions for11
clemency or parole as it may deem advisable. Any recommendation of the panel12
shall not be binding on the Board of Pardons or the committee on parole.13
Section 2. This Act shall become effective upon signature by the governor or, if not14
signed by the governor, upon expiration of the time for bills to become law without signature15
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If16
vetoed by the governor and subsequently approved by the legislature, this Act shall become17
effective on the day following such approval.18
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Murray (SB 223)
Proposed law creates the Louisiana Risk Review Panel within the Dept. Public Safety and
Corrections (DPSC). Proposed law further provides that the secretary of DPSC may create
up to three risk review panels.
Proposed law provides that each panel is to consist of five members:
(1)A board certified psychologist, who is to be selected, on a rotating basis, from a pool
of nine psychologists authorized and approved by the secretary of the department.
(2)The warden, or in his absence the deputy warden, of the institution where the
offender is incarcerated.
(3)The secretary of the department or his designee, who is to be chairman.
(4)A retired judge with criminal law experience, who is to be appointed by the SB NO. 223
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governor.
(5)A probation or parole officer with a minimum of 10 years experience, who is to be
appointed by the governor.
Proposed law provides that a majority of the members of each panel constitutes a quorum,
and all official actions of the panel require the affirmative vote of a majority of the members.
Proposed law provides that members of a panel, other than the secretary or his designee, the
warden or deputy warden, or psychologists employed by the department, may receive a per
diem for each day spent in actual attendance of meetings of the panel, the amount of which
is to be fixed by the secretary in an amount not to exceed $40 per hour. Proposed law further
provides that members may receive a mileage allowance for mileage traveled in attending
meetings, which amount is to be fixed by the panel in an amount not to exceed the mileage
rate for state employees.
Proposed law provides that each panel is to meet either on the call of each chairman or upon
the request of any three members.
Proposed law provides that the panels are to review presentence reports, prison records,
medical and psychological records, information and data gathered by the staffs of the Board
of Pardons and the committee on parole, information provided by the convicted person, the
district attorney, the assistant district attorney, and any other information obtained by the
Board of Pardons, the committee on parole, or the department.
Proposed law provides that the panel is to evaluate the risk of danger to society that each
person who has been convicted of a crime, and who is confined in a prison facility of any
kind, may present if released from confinement. Proposed law provides that the following
persons are not eligible for review:
(1)A person convicted of a crime of violence as defined by present law.
(2)A person convicted of a sex offense as defined by present law when the victim is
under the age of 18 years at the time of the offense.
(3)A person convicted of a violation of the Uniform Controlled Dangerous Substances
Law, except that the following persons are to be evaluated by the panel:
(a)A person convicted of simple possession of various controlled dangerous
substances under present law.
(b)A person convicted of distribution or possession with the intent to distribute
cocaine where the offense of which the person was convicted involves less
than 28 grams of cocaine.
(c)A person convicted of distribution or possession with the intent to distribute
marijuana where the offense of which the person was convicted involves less
than one pound of marijuana.
(d)A person sentenced for any other violation of the Uniform Controlled
Dangerous Substances Law who has served the mandatory minimum
sentence in actual custody for the offense, or one-half of the sentence
imposed, whichever is less.
(e)A person sentenced to a term of life imprisonment for a violation of the
Uniform Controlled Dangerous Substances Law who has served at least
seven years of the term of imprisonment in actual custody, except a person
convicted of a sex offense under present law when the victim is under the age SB NO. 223
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of 18 years at the time of the offense, or a person sentenced as a habitual
offender under present law where one or more of the crimes for which the
person was convicted and sentenced is a crime of violence as defined by
present law.
(4)A person sentenced as a habitual offender under present law where one or
more of the crimes for which the person was convicted and sentenced is a
crime of violence as defined by present law.
Proposed law provides that the secretary of DPSC, on or before 1/1/15, is to adopt and
promulgate rules, regulations, and procedures under which the panels are to perform their
duties, which rules are to include at least the following:
(1)The requirements necessary for a convicted person to apply and be considered for
risk review, the type of crime committed, the age of the convicted person, the time
served in confinement, the prison record of the convicted person, the damage or
injury occasioned by the crime committed, any resources available to the person in
the event of release, and any other criteria or information which the panel may deem
to be advisable or helpful in the performance of its duty.
(2)The psychological evaluations or other evaluations that will be utilized in order for
the panel to make the risk evaluation required by proposed law.
(3)The manner in which a victim of the crime or crimes committed by the convicted
person may provide information to the panel.
(4)The procedure by which persons who are to be evaluated may apply for such risk
evaluation.
(5)The frequency with which such persons may apply for risk evaluation.
(6)The procedure by which risk evaluations are to be conducted, whether by record
review, by hearing, or by both record review and hearing.
(7)The manner in which a recommendation of the panel is to be determined, reported,
and disseminated.
Proposed law provides that when a panel has determined by a preponderance of the evidence
that a person will not present a risk of danger to society if released from confinement, the
panel may recommend that the person be considered for clemency by the Board of Pardons
or the panel may recommend that the person be considered for parole by the committee on
parole. Proposed law further provides that the panel may also recommend to the appropriate
board or committee such conditions for clemency or parole as it may deem advisable.
Proposed law further provides that any recommendation of the panel is not to be binding on
the Board of Pardons or the committee on parole.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 15:574.22)