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words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 473
BY SENATOR MILLS
PUBLIC SFTY/CORRECT DEPT. Provides with respect to the committee on parole.
(8/1/14)
AN ACT1
To amend and reenact R.S. 15:574.2(A)(3),(8), and (9)(a) and (b), and (C)(2)(b) and (c),2
relative to the committee on parole and rules of parole; to provide relative to3
education and experience requirements of board members; to provide relative to4
training requirements of the board; to provide for powers of ex officio board5
members; to provide relative to parole eligibility; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 15:574.2(A)(3), (8), and (9)(a) and (b), and (C)(2)(b) and (c), are8
hereby amended and reenacted to read as follows: 9
ยง574.2. Committee on parole, Board of Pardons; membership; qualifications;10
vacancies; compensation; domicile; venue; meetings; quorum;11
panels; powers and duties; transfer of property to committee;12
representation of applicants before the committee; prohibitions13
A.(1) * * *14
* * *15
(3) Each member, except for the ex officio member, must have at least a16
bachelor's degree from an accredited college or university, and shall possess not17 SB NO. 473
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words in boldface type and underscored are additions.
less than five years actual experience in the field of penology, corrections, law1
enforcement, sociology, law, education, social work, medicine, psychology or2
psychiatry, or a combination thereof. If the member does not have at least a3
bachelor's degree from an accredited college or university, he or she must have4
no less than seven years experience in a field listed in this Subsection. The5
provisions of this Paragraph shall not apply to any person serving as a member of the6
board on August 1, 2012.7
* * *8
(8) The warden, or in his absence the deputy warden, of the correctional9
facility in which the offender is incarcerated shall be an ex officio member of the10
committee. When the offender is housed in a local correctional facility and the11
warden, or deputy warden, of that facility is not able to attend the offender's parole12
hearing, the warden, or in his absence the deputy warden, of the facility where the13
offender's parole hearing is held may serve as an ex officio member. The ex officio14
member shall not be a voting member nor shall he be counted or permitted to be15
counted for purposes of the number of members necessary to take committee action16
or the number of members necessary to establish quorum. In all other respects, the17
ex officio member shall have the duties, authority, requirements, and benefits of any18
other committee member.19
(9)(a) Within ninety days of being appointed to the committee on parole, each20
voting member shall complete a comprehensive training course developed by the21
Department of Public Safety and Corrections. The training course shall be developed22
in compliance with guidelines from the National Institute of Corrections, the23
Association of Paroling Authorities International, or the American Probation24
and Parole Association using training components consistent with those offered by25
the National Institute of Corrections or the American Probation and Parole26
Association, and shall include classes regarding the following topics:27
(i) The elements of the decision making process, through the use of28
evidence-based practices for determining offender risk, needs, and motivation to29 SB NO. 473
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words in boldface type and underscored are additions.
change, including the actuarial assessment tool used by the parole agent.1
(ii) The security classifications as established by the department.2
(iii) The programming and disciplinary processes and the department's3
supervision, case planning, and violation process.4
(iv) The dynamics of criminal victimization.5
(v) Collaboration with corrections related stakeholders, both public and6
private, to increase offender success and public safety.7
(b) Each member shall complete a minimum of eight hours of training8
annually, which shall be provided for in the annual budget of the Department of9
Public Safety and Corrections. The annual training course shall be developed using10
the training components consistent with those offered by from the National Institute11
of Corrections, the Association of Paroling Authorities International, or12
American Probation and Parole Association. Training components shall include13
an emphasis on the following subjects and shall offer classes regarding the14
following topics:15
(i) A review and analysis of the effectiveness of the assessment tool used by16
the parole agents Data-driven decision making.17
(ii) A review of the department's progress toward public safety goals18
Evidence-based practices. As used in this Item, "evidence-based practice"19
means practices proven through research to reduce recidivism.20
(iii) The use of data in decision making Stakeholder collaboration.21
(iv) Any information regarding promising and evidence-based practices22
offered in the corrections related and crime victim dynamics field Recidivism23
reduction.24
* * *25
C.(1) * * *26
* * *27
(2) The committee may grant parole with two votes of a three-member panel,28
or, if the number exceeds a three-member panel, a majority vote of those present if29 SB NO. 473
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words in boldface type and underscored are additions.
all of the following conditions are met:1
* * *2
(b) The offender has not committed any major disciplinary offenses in the3
twelve consecutive months prior to the parole eligibility date. A major disciplinary4
offense is an offense identified as a Schedule B offense by the Department of5
Public Safety and Corrections in the Disciplinary Rules and Procedures of6
Adult Offenders.7
(c) The offender has completed the mandatory minimum of one hundred8
hours of pre-release programming in accordance with R.S. 15:827.1 if such9
programming is available at the facility where the offender is incarcerated.10
* * *11
The original instrument was prepared by James Benton. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Cathy R. Wells.
DIGEST
Mills (SB 473)
Present law creates a committee on parole in the Department of Public Safety and
Corrections which will enforce the provisions of present law and the rules, regulations, and
orders issued pursuant to present law.
Present law provides for the membership of the committee on parole to be the five members
of the Board of Pardons and two at-large members appointed by the governor. Present law
also provides that the warden (or in his absence the deputy warden) of the facility where the
offender is incarcerated shall serve as an ex officio member of the committee.
Present law provides that each member, except for the ex officio member, shall possess not
less than five years actual experience in the field of penology, corrections, law enforcement,
sociology, law, education, social work, medicine, or a combination thereof. Provides that
the provisions of present law shall not apply to any person serving as a member of the board
on August 1, 2012.
Proposed law retains present law and adds the additional requirement that each member must
have at least a bachelor's degree from an accredited college or university. Proposed law adds
psychology or psychiatry to the areas of experience. Further provides that if the member
does not have at least a bachelor's degree from an accredited college or university, he or she
must have no less than seven years experience in a field listed in this subsection.
Present law provides that the ex officio member of the committee shall be a nonvoting
member and shall not be counted for the purposes of a quorum, but in other respects, shall
have all the duties, authority, requirements and benefits of any other committee member.
Proposed law removes present law provisions regarding the ex officio member's duties,
authority, requirements and benefits. SB NO. 473
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Present law provides that within 90 days of being appointed to the committee on parole, each
member shall complete a comprehensive training course developed by the Department of
Public Safety and Corrections. The training course shall be developed using the training
components consistent with those offered by the National Institute of Corrections or the
American Probation and Parole Association, and shall include classes regarding the
following topics:
(1)The elements of the decision making process, through the use of evidence-based
practices for determining offender risk, needs, and motivation to change, including
the actuarial assessment tool used by the parole agent.
(2)The security classifications as established by the department.
(3)The programming and disciplinary processes and the department's supervision, case
planning, and violation process.
(4)The dynamics of criminal victimization.
(5)Collaboration with corrections related stakeholders, both public and private, to
increase offender success and public safety.
Proposed law retains present law but only requires voting members to attend the training
course and provides that the training course shall be developed in compliance with
guidelines from the National Institute of Corrections, the Association of Paroling Authorities
International, or the American Probation and Parole Association.
Present law provides that each member shall complete a minimum of eight hours of training
annually, which shall be provided for in the annual budget of the Department of Public
Safety and Corrections. The annual training course shall be developed using the training
components consistent with those offered by the National Institute of Corrections or
American Probation and Parole Association and shall offer classes regarding the following
topics:
(1)A review and analysis of the effectiveness of the assessment tool used by the parole
agents.
(2)A review of the department's progress toward public safety goals.
(3)The use of data in decision making.
(4)Any information regarding promising and evidence-based practices offered in the
corrections related and crime victim dynamics field.
Proposed law changes present law to add the Association of Paroling Authorities
International to the development requirements of the annual training. Changes the class
topics to:
(1)Data-driven decision making.
(2)Evidence based practices.
(3)Stakeholder collaboration.
(4)Recidivism reduction.
Present law provides that the committee may grant parole with two votes of a three member
panel, or, if the number exceeds a three member panel, a majority vote of those present if,
among other specified conditions, the following conditions are met: SB NO. 473
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(1) The offender has not committed any disciplinary offenses in the 12 consecutive
months prior to the parole eligibility date.
(2)The offender has completed the mandatory minimum of 100 hours of pre-release
programming in accordance with present law.
Proposed law retains present law but requires that disciplinary offenses be classified as
"major" for purposes of parole eligibility denial and provides that the requirement of pre-
release programming will be considered if such programming is available at the facility
where the offender is incarcerated.
Effective August 1, 2014.
(Amends R.S. 15:574.2(A)(3), (8), and (9)(a) and (b), and (C)(2)(b) and (c))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill
1. Deletes provisions granting ex officio members the same authority,
requirements, benefits, and duties as the other committee members.