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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014 ENROLLED
SENATE BILL NO. 399
BY SENATORS MILLS AND MURRAY
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
parole who has served at least ten years of the term or terms of imprisonment in18
actual custody shall be eligible for parole consideration upon reaching the age of19
sixty years if all of the following conditions are met:20
* * *21
(b) The offender has not committed any major disciplinary offenses in22
twelve consecutive months prior to the parole eligibility hearing date. A major23
disciplinary offense is an offense identified as a Schedule B offense by the24
Department of Public Safety and Corrections in the Disciplinary Rules and25
Procedures for Adult Offenders.26
* * *27
ACT No. 127 SB NO. 399 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
B.(1) * * *1
* * *2
(2) Notwithstanding any provision of law to the contrary, any person serving3
a life sentence, with or without the benefit of parole, who has not been convicted of4
a crime of violence as defined by R.S. 14:2(B), a sex offense as defined by R.S.5
15:541, or an offense, regardless of the date of conviction, which would constitute6
a crime of violence as defined by R.S. 14:2(B) or a sex offense as defined by R.S.7
15:541, shall be eligible for parole consideration as follows:8
(a) If the person was at least eighteen years of age and under the age of9
twenty-five years at the time he was sentenced to life imprisonment, he shall be10
eligible for parole consideration if all of the following conditions have been met:11
* * *12
(iii) The person 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
(iv) The person has completed the mandatory minimum of one hundred hours18
of pre-release programming in accordance with the provisions of R.S. 15:827.1, if19
such programming is available at the facility where the offender is incarcerated.20
(v) The person has completed substance abuse treatment, if applicable and21
such treatment is available at the facility where the offender is incarcerated.22
* * *23
(b) If the person was at least twenty-five years of age and under the age of24
thirty-five years at the time he was sentenced to life imprisonment, he shall be25
eligible for parole consideration if all of the following conditions have been met:26
* * *27
(iii) The person has not committed any major disciplinary offenses in the28
twelve consecutive months prior to the parole eligibility hearing date. A major29
disciplinary offense is an offense identified as a Schedule B offense by the30 SB NO. 399 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Department of Public Safety and Corrections in the Disciplinary Rules and1
Procedures for Adult Offenders.2
(iv) The person has completed the mandatory minimum of one hundred hours3
of pre-release programming in accordance with the provisions of R.S. 15:827.1, if4
such programming is available at the facility where the offender is incarcerated.5
(v) The person has completed substance abuse treatment, if applicable and6
such treatment is available at the facility where the offender is incarcerated.7
* * *8
(c) If the person was at least thirty-five years of age and under the age of fifty9
years at the time he was sentenced to life imprisonment, he shall be eligible for10
parole consideration if all of the following conditions have been met:11
* * *12
(iii) The person 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
(iv) The person has completed the mandatory minimum of one hundred hours18
of pre-release programming in accordance with the provisions of R.S. 15:827.1, if19
such programming is available at the facility where the offender is incarcerated.20
(v) The person has completed substance abuse treatment, if applicable and21
such treatment is available at the facility where the offender is incarcerated.22
* * *23
(d) If the person was at least fifty years of age at the time he was sentenced24
to life imprisonment, he shall be eligible for parole consideration if all of the25
following conditions have been met:26
* * *27
(iii) The person has not committed any major disciplinary offenses in the28
twelve consecutive months prior to the parole eligibility hearing date. A major29
disciplinary offense is an offense identified as a Schedule B offense by the30 SB NO. 399 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Department of Public Safety and Corrections in the Disciplinary Rules and1
Procedures for Adult Offenders.2
(iv) The person has completed the mandatory minimum of one hundred hours3
of pre-release programming in accordance with the provisions of R.S. 15:827.1, if4
such programming is available at the facility where the offender is incarcerated.5
(v) The person has completed substance abuse treatment if applicable and6
such treatment is available at the facility where the offender is incarcerated.7
* * *8
D.(1) Notwithstanding any provision of law to the contrary, any person9
serving a sentence of life imprisonment who was under the age of eighteen years at10
the time of the commission of the offense, except for a person serving a life sentence11
for a conviction of first degree murder (R.S. 14:30) or second degree murder (R.S.12
14:30.1), shall be eligible for parole consideration pursuant to the provisions of this13
Subsection if all of the following conditions have been met:14
* * *15
(b) The offender has not committed any major disciplinary offenses in the16
twelve consecutive months prior to the parole eligibility hearing date. A major17
disciplinary offense is an offense identified as a Schedule B offense by the18
Department of Public Safety and Corrections in the Disciplinary Rules and19
Procedures for Adult Offenders.20
* * *21
E.(1) Notwithstanding any provision of law to the contrary, any person22
serving a sentence of life imprisonment for a conviction of first degree murder (R.S.23
14:30) or second degree murder (R.S. 14:30.1) who was under the age of eighteen24
years at the time of the commission of the offense shall be eligible for parole25
consideration pursuant to the provisions of this Subsection if a judicial determination26
has been made that the person is entitled to parole eligibility pursuant to Code of27
Criminal Procedure Article 878.1 and all of the following conditions have been met:28
* * *29
(b) The offender has not committed any major disciplinary offenses in the30 SB NO. 399 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
twelve consecutive months prior to the parole eligibility hearing date. A major1
disciplinary offense is an offense identified as a Schedule B offense by the2
Department of Public Safety and Corrections in the Disciplinary Rules and3
Procedures for Adult Offenders.4
* * *5
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: