HLS 15RS-901 ENGROSSED 2015 Regular Session HOUSE BILL NO. 161 BY REPRESENTATIVE TERRY LANDRY Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. PAROLE: Provides with respect to technical parole violations 1 AN ACT 2To amend and reenact R.S. 15:574.9(G)(1)(a), relative to revocation of parole for a violation 3 of condition; to establish penalties for second and third technical parole violations; 4 and to provide for related matters. 5Be it enacted by the Legislature of Louisiana: 6 Section 1. R.S. 15:574.9(G)(1)(a) is hereby amended and reenacted to read as 7follows: 8 ยง574.9. Revocation of parole for violation of condition; committee panels; return 9 to custody hearing; duration of reimprisonment and reparole after revocation; 10 credit for time served; revocation for a technical violation 11 * * * 12 G.(1)(a)(i) Except as provided in Subparagraph (b) of this Paragraph, any 13 offender who has been released on parole and whose parole supervision is being 14 revoked under pursuant to the provisions of this Subsection for his first a technical 15 violation of the conditions of parole as determined by the committee on parole, shall 16 be required to serve not more than ninety days, the following sentences: 17 (aa) For the first technical violation, the offender shall serve not more than 18 ninety days. 19 (bb) For a second technical violation, the offender shall serve not more than 20 one hundred twenty days. 21 (cc) For a third technical violation, the offender shall serve not more than 22 one hundred eighty days. Page 1 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-901 ENGROSSED HB NO. 161 1 (ii) The sentences imposed pursuant to Item (i) of this Subparagraph shall 2 be served without diminution of sentence or credit for time served prior to the 3 revocation for a technical violation. The term of the revocation for the technical 4 violation shall begin on the date the Board of Parole orders the revocation. Upon 5 completion of the imposed technical revocation sentence, the offender shall return 6 to active parole supervision for the remainder of the original term of supervision. 7 The provisions of this Subsection shall apply only to an offender's first revocation 8 for a technical violation. 9 * * * DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] HB 161 Engrossed 2015 Regular Session Terry Landry Abstract: Provides that an offender may have more than one technical parole violation, and establishes penalties for second and third technical parole violations. Present law provides that a person who is having his parole revoked for a first technical violation of parole shall be required to serve not more than 90 days without diminution of sentence or credit for time served prior to the revocation. Proposed law retains this provision of present law and adds a sentence not to exceed 120 days for a second violation and 180 days for a third violation. All time periods are served without diminution of sentence or credit for time served prior to the revocation. Present law provides that a "technical violation" means any violation except it shall not include being arrested, charged, or convicted of any of the following: (1)A felony. (2)Any intentional misdemeanor directly affecting the person. (3)At the discretion of the Board of Parole, any attempt to commit any intentional misdemeanor directly affecting the person. (4)At the discretion of the Board of Parole, any attempt to commit any other misdemeanor. (5)Being in possession of a firearm or other prohibited weapon. (6)Failing to appear at any court hearing. (7)Absconding from the jurisdiction of the Board of Parole. (Amends R.S. 15:574.9(G)(1)(a)) Page 2 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions.