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 472 Original 2015 Regular Session Alfred Williams
Abstract: Provides for additional duties for the committee on parole and parole eligibility for
certain offenders.
Present law (La. Const. Art. IV, ยง5) authorizes the governor to grant reprieves to persons convicted
of offenses against the state and, upon favorable recommendation of the Board of Pardons, may
commute sentences and pardon those convicted of offenses against the state.
Present law provides for the Board of Pardons and committee on parole, and provides for the
membership, qualifications, powers, and duties of each of these entities.
Present law provides for certain requirements an offender must meet to be eligible for parole
consideration by the committee on parole.
Proposed law retains present law and provides for additional duties for the committee on parole and
parole eligibility for certain offenders as follows:
(1)Authorizes any offender incarcerated in a correctional institution to apply for a case review
by the committee on parole if the offender is serving a sentence of not more than 50 years,
has no prior felony conviction, has served at least 15 years of the sentence, and has exhausted
all rights of appeal in both federal and state courts.
(2)Requires the committee on parole to study and review the case of any offender who submits
an application pursuant to the provisions of proposed law and requires the committee on
parole to prepare and submit a report to the governor, within six months of receiving the
application for case review, with a recommendation that the governor either grant or deny
executive clemency.
(3)Provides that if the committee on parole determines, after a study and review of the
offender's case, that the offender was physically, mentally, emotionally, or sexually abused
and such abuse, or the offender's age, maturity level, or some other contributing influence,
affected the offender's judgment at the time of the offense, the committee shall include such
determination in its report and the offender shall be eligible for parole consideration.
(4)Provides that an offender is released on parole pursuant to the provisions of proposed law,
the offender shall be under the supervision of the committee on parole for a period of time
to be determined by the committee. (5)Provides that nothing in proposed law shall limit the review of the case of any other offender
who has applied for clemency, nor shall it limit in any way the governor's power to grant
clemency.
(6)In making its determination, requires the committee on parole to consider all of the following
in addition to any other criteria it finds relevant:
(a)Length of time served by the offender.
(b)The offender's prison record and self-rehabilitation efforts.
(c)Evidence of physical, mental, emotional, or sexual abuse of the offender.
(d)The offender's role in the perpetration of the crime and the degree of violence
exhibited.
(e)Whether the offender was offered a plea bargain, and if so, why the offender rejected
or accepted the offered plea.
(f)The severity of the sentence relative to the offender's role in the offense.
(g)The age and maturity of the offender at the time of the offense and any contributing
influence affecting the offender's judgment.
(h)Whether the offender has given substantial thought to a workable parole plan.
(7)If the offender is denied executive clemency or parole, authorizes the offender to reapply for
a case review pursuant to the provisions of proposed law every ten years from the date on
which the report was issued to the governor or the date on which parole was denied.
(Adds R.S. 15:574.2.2)