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Regular Session, 2014
SENATE BILL NO. 399
BY SENATORS MILLS AND MURRAY
PUBLIC SFTY/CORRECT DEPT. Provides with respect to the parole eligibility. (8/1/14)
AN ACT1
To amend and reenact R.S. 15:574.4(A)(4)(b), (B)(2)(a)(iii), (iv) and (v), (B)(2)(b)(iii), (iv)2
and (v), (B)(2)(c)(iii), (iv) and (v), (B)(2)(d)(iii),(iv) and (v), (D)(1)(b), and3
(E)(1)(b), relative to parole eligibility; to require that disqualification for a4
disciplinary offense be a major offense; to provide for definitions; to change time5
frame for consideration of disciplinary offenses; to limit required services to those6
available at facility where offender is incarcerated; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 15:574.4(A)(4)(b), (B)(2)(a)(iii), (iv) and (v), (B)(2)(b)(iii), (iv) and9
(v), (B)(2)(c)(iii), (iv) and (v), (B)(2)(d)(iii),(iv) and (v), (D)(1)(b), and (E)(1)(b) are hereby10
amended and reenacted to read as follows:11
ยง574.4. Parole; eligibility12
A.(1) * * *13
* * *14
(4) Notwithstanding any other provision of law to the contrary, unless eligible15
for parole at an earlier date, a person committed to the Department of Public Safety16
and Corrections for a term or terms of imprisonment with or without benefit of17 SB NO. 399
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parole who has served at least ten years of the term or terms of imprisonment in1
actual custody shall be eligible for parole consideration upon reaching the age of2
sixty years if all of the following conditions are met:3
* * *4
(b) The offender has not committed any major disciplinary offenses in5
twelve consecutive months prior to the parole eligibility hearing date. A major6
disciplinary offense is an offense identified as a Schedule B offense by the7
Department of Public Safety and Corrections in the Disciplinary Rules and8
Procedures for Adult Offenders.9
* * *10
B.(1) * * *11
* * *12
(2) Notwithstanding any provision of law to the contrary, any person serving13
a life sentence, with or without the benefit of parole, who has not been convicted of14
a crime of violence as defined by R.S. 14:2(B), a sex offense as defined by R.S.15
15:541, or an offense, regardless of the date of conviction, which would constitute16
a crime of violence as defined by R.S. 14:2(B) or a sex offense as defined by R.S.17
15:541, shall be eligible for parole consideration as follows:18
(a) If the person was at least eighteen years of age and under the age of19
twenty-five years at the time he was sentenced to life imprisonment, he shall be20
eligible for parole consideration if all of the following conditions have been met:21
* * *22
(iii) The person has not committed any major disciplinary offenses in the23
twelve consecutive months prior to the parole eligibility hearing date. A major24
disciplinary offense is an offense identified as a Schedule B offense by the25
Department of Public Safety and Corrections in the Disciplinary Rules and26
Procedures for Adult Offenders.27
(iv) The person has completed the mandatory minimum of one hundred hours28
of pre-release programming in accordance with the provisions of R.S. 15:827.1, if29 SB NO. 399
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such programming is available at the facility where the offender is incarcerated.1
(v) The person has completed substance abuse treatment, if applicable and2
such treatment is available at the facility where the offender is incarcerated.3
* * *4
(b) If the person was at least twenty-five years of age and under the age of5
thirty-five years at the time he was sentenced to life imprisonment, he shall be6
eligible for parole consideration if all of the following conditions have been met:7
* * *8
(iii) The person has not committed any major disciplinary offenses in the9
twelve consecutive months prior to the parole eligibility hearing date. A major10
disciplinary offense is an offense identified as a Schedule B offense by the11
Department of Public Safety and Corrections in the Disciplinary Rules and12
Procedures for Adult Offenders.13
(iv) The person has completed the mandatory minimum of one hundred hours14
of pre-release programming in accordance with the provisions of R.S. 15:827.1, if15
such programming is available at the facility where the offender is incarcerated.16
(v) The person has completed substance abuse treatment, if applicable and17
such treatment is available at the facility where the offender is incarcerated.18
* * *19
(c) If the person was at least thirty-five years of age and under the age of fifty20
years at the time he was sentenced to life imprisonment, he shall be eligible for21
parole consideration if all of the following conditions have been met:22
* * *23
(iii) The person has not committed any major disciplinary offenses in the24
twelve consecutive months prior to the parole eligibility hearing date. A major25
disciplinary offense is an offense identified as a Schedule B offense by the26
Department of Public Safety and Corrections in the Disciplinary Rules and27
Procedures for Adult Offenders.28
(iv) The person has completed the mandatory minimum of one hundred hours29 SB NO. 399
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
of pre-release programming in accordance with the provisions of R.S. 15:827.1, if1
such programming is available at the facility where the offender is incarcerated.2
(v) The person has completed substance abuse treatment, if applicable and3
such treatment is available at the facility where the offender is incarcerated.4
* * *5
(d) If the person was at least fifty years of age at the time he was sentenced6
to life imprisonment, he shall be eligible for parole consideration if all of the7
following conditions have been met:8
* * *9
(iii) The person has not committed any major disciplinary offenses in the10
twelve consecutive months prior to the parole eligibility hearing date. A major11
disciplinary offense is an offense identified as a Schedule B offense by the12
Department of Public Safety and Corrections in the Disciplinary Rules and13
Procedures for Adult Offenders.14
(iv) The person has completed the mandatory minimum of one hundred hours15
of pre-release programming in accordance with the provisions of R.S. 15:827.1, if16
such programming is available at the facility where the offender is incarcerated.17
(v) The person has completed substance abuse treatment if applicable and18
such treatment is available at the facility where the offender is incarcerated.19
* * *20
D.(1) Notwithstanding any provision of law to the contrary, any person21
serving a sentence of life imprisonment who was under the age of eighteen years at22
the time of the commission of the offense, except for a person serving a life sentence23
for a conviction of first degree murder (R.S. 14:30) or second degree murder (R.S.24
14:30.1), shall be eligible for parole consideration pursuant to the provisions of this25
Subsection if all of the following conditions have been met:26
* * *27
(b) The offender has not committed any major disciplinary offenses in the28
twelve consecutive months prior to the parole eligibility hearing date. A major29 SB NO. 399
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words in boldface type and underscored are additions.
disciplinary offense is an offense identified as a Schedule B offense by the1
Department of Public Safety and Corrections in the Disciplinary Rules and2
Procedures for Adult Offenders.3
* * *4
E.(1) Notwithstanding any provision of law to the contrary, any person5
serving a sentence of life imprisonment for a conviction of first degree murder (R.S.6
14:30) or second degree murder (R.S. 14:30.1) who was under the age of eighteen7
years at the time of the commission of the offense shall be eligible for parole8
consideration pursuant to the provisions of this Subsection if a judicial determination9
has been made that the person is entitled to parole eligibility pursuant to Code of10
Criminal Procedure Article 878.1 and all of the following conditions have been met:11
* * *12
(b) The offender has not committed any major disciplinary offenses in the13
twelve consecutive months prior to the parole eligibility hearing date. A major14
disciplinary offense is an offense identified as a Schedule B offense by the15
Department of Public Safety and Corrections in the Disciplinary Rules and16
Procedures for Adult Offenders.17
* * *18
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by James Benton.
DIGEST
Mills (SB 399)
Present law provides numerous criteria for parole eligibility and consideration. Each set of
criteria requires that the offender has not committed any disciplinary offenses in the 12
consecutive months prior to the parole eligibility date.
Proposed law changes the criteria to require that the offender has not committed a "major
disciplinary offense" and defines a "major disciplinary offense" as an offense identified as
a Schedule B offense by DPS&C in the Disciplinary Rules and Procedures for Adult
Offenders. Also, changes the relevant time period from the 12 months prior to the parole
eligibility date to the 12 months prior to the parole hearing date.
Present law requires as part of the conditions for eligibility that the offender has completed
the mandatory minimum of 100 hours of prerelease programming in accordance with present
law, if available, and substance abuse treatment, if applicable and available.
Proposed law retains present law but consistently limits the requirement of such program and SB NO. 399
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treatment to that available at the facility where offender is incarcerated.
Effective August 1, 2014.
(Amends R.S. 15:574.4(A)(4)(b), (B)(2)(a)(iii), (iv) and (v), (B)(2)(b)(iii), (iv) and (v),
(B)(2)(c)(iii), (iv) and (v), (B)(2)(d)(iii),(iv) and (v), (D)(1)(b), and (E)(1)(b))