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 264 Reengrossed 2016 Regular Session Mack
Abstract: Provides for parole consideration for juveniles sentenced to life imprisonment for certain
homicide offenses when certain conditions are met.
Present law provides that any person serving a sentence of life imprisonment for a conviction of first
degree murder or second degree murder who was under the age of 18 at the time of the commission
of the offense shall be eligible for parole consideration if a judicial determination has been made that
the person is entitled to parole eligibility and certain conditions are met.
In the case of Montgomery v. Louisiana, 577 U.S. ____ (January 25, 2016), the U.S. Supreme Court
held that all juveniles (persons below 18) who were convicted of homicide (first or second degree
murder), sentenced to a term of mandatory life without benefit of parole, and whose conviction
became final prior to the Miller v. Alabama, 183 L.Ed. 2d 407 (2012), decision, should now receive
a sentencing hearing to determine if they should receive parole eligibility.
Proposed law, which applies only to those persons whose convictions became final prior to the
Miller decision which was rendered June 25, 2012, provides parole eligibility to those persons
serving a life sentence for a conviction of first or second degree murder who was under the age of
18 at the time of the commission of the offense if the following conditions are met:
(1)The offender has served 35 years of the sentence imposed.
(2)The offender has not committed any disciplinary offenses in the 12 consecutive months prior
to the parole eligibility date.
(3)The offender has completed a minimum of 100 hours of prerelease programming.
(4)The offender has completed substance abuse treatment as applicable.
(5)The offender has obtained a GED or, in certain circumstances, has completed a literacy
program, an adult basic education program, or a job skills training program.
(6)The offender has obtained a low-risk level designation determined by a validated risk
assessment instrument approved by the secretary of DPS&C.
(7)The offender has completed a reentry program to be determined by DPS&C. Proposed law further provides that for persons who are eligible for parole pursuant to proposed law:
(1)The committee on parole shall meet in a three-member panel.
(2)Each member of the panel shall be provided with and shall consider a written evaluation of
the offender by a person who has expertise in adolescent brain development and behavior and
any other relevant evidence pertaining to the offender.
(3)The panel shall render specific findings of fact in support of its decision.
(Adds R.S. 15:574.4(F))
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Remove the provision which authorized the district attorney to either concede to the
juvenile's parole eligibility or to petition the court for a sentencing hearing to determine
the juvenile's parole eligibility.
2. Add an effective date making proposed law effective upon signature of the governor.