HLS 16RS-1794 ORIGINAL
2016 Regular Session
HOUSE BILL NO. 963
BY REPRESENTATIVE SMITH
CORRECTIONS: Provides with respect to conditional release and release from probation
supervision in certain cases
1 AN ACT
2To amend and reenact R.S. 15:574.62(B)(5) and to enact Code of Criminal Procedure
3 Article 895.6, relative to conditional release; to amend eligibility criteria for
4 substance abuse conditional release; to provide for the early termination from
5 probation supervision for certain individuals; to provide for applicability; to provide
6 for early release criteria; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 15:574.62(B)(5) is hereby amended and reenacted to read as follows:
9 ยง574.62. Substance abuse conditional release
10 * * *
11 B. An offender shall be eligible for conditional release pursuant to the
12 provisions of this Section if all of the following conditions are met:
13 * * *
14 (5) The offender has served at least two years one year in actual physical
15 custody and is within one year of his projected release date.
16 * * *
17 Section 2. Code of Criminal Procedure Article 895.6 is hereby enacted to read as
18follows:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-1794 ORIGINAL
HB NO. 963
1 Art. 895.6. Early termination of probation supervision
2 A. Any offender placed on supervised probation may petition the court for
3 early termination if all of the following conditions have been met:
4 (1) The offender has no convictions for a crime of violence as defined in
5 R.S. 14:2(B) or a sex offense as defined in R.S. 15:541.
6 (2) The offender has served at least one year on probation and is within one
7 year of his projected probation supervision termination date.
8 (3) The offender has not committed any probation violations or had his
9 probation revoked in the twelve consecutive months prior to the probation hearing
10 date.
11 (4) The offender has completed substance abuse treatment as applicable.
12 (5) The offender is employed.
13 (6) The offender has obtained a low-risk level designation determined by a
14 validated risk assessment instrument approved by the secretary of the Department
15 of Public Safety and Corrections.
16 B. If the court determines that the offender meets the criteria provided for
17 in Subsection A of this Section, the court shall terminate probation supervision.
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 963 Original 2016 Regular Session Smith
Abstract: Provides with respect to substance abuse conditional release and early release
from probation supervision.
Present law provides for substance abuse conditional release and provides for eligibility
criteria for conditional release. Provides that to be eligible for conditional release, the
offender shall have served at least two years in actual physical custody and is within one
year of his projected release date.
Proposed law changes this requirement from two years to one year in actual physical
custody.
Proposed law provides that any offender placed on supervised probation may petition the
court for early termination if all of the following conditions have been met:
(1)The offender has no convictions for a crime of violence or a sex offense.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-1794 ORIGINAL
HB NO. 963
(2)The offender has served at least one year on probation and is within one year of his
projected probation supervision termination date.
(3)The offender has not committed any probation violations or had his probation
revoked in the 12 consecutive months prior to the probation hearing date.
(4)The offender has completed substance abuse treatment as applicable.
(5)The offender is employed.
(6)The offender has obtained a low-risk level designation determined by a validated risk
assessment instrument.
Proposed law further provides that if the court determines that the offender meets the
criteria, the court shall terminate probation supervision.
(Amends R.S. 15:574.62(B)(5); Adds C.Cr.P. Art. 895.6))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.