The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Dawn Romero Watson.
DIGEST
SB 278 Original 2016 Regular Session Bishop
Present law provides that notwithstanding any provision of law to the contrary, 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 years 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 all of the following conditions have been met:
(1)The offender has served 35 years of the sentence imposed.
(2)The offender has not committed any major disciplinary offenses in the 12 consecutive
months prior to the parole hearing date.
(3)The offender has completed the mandatory minimum of 100 hours of prerelease
programming.
(4)The offender has completed substance abuse treatment as applicable.
(5)The offender has obtained a GED certification, unless the offender has previously obtained
a high school diploma or is deemed by a certified educator as being incapable of obtaining
a GED certification due to a learning disability. If the offender is deemed incapable of
obtaining a GED certification, the offender shall complete at least one of the following: 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 the Department of Public Safety and
Corrections.
(7)The offender has completed a reentry program to be determined by the Department of Public
Safety and Corrections.
Proposed law removes the requirement that there be a judicial determination of parole eligibility in
cases where the offender is to be sentenced to life imprisonment for a conviction of first or second
degree murder when the offender was under the age of 18 at the time of commission of the offense.
Provides that proposed law shall apply to all offenders and alleged offenders, retrospectively and
prospectively, regardless of the date of the alleged offense or the conviction.
Effective July 1, 2016. (Amends R.S. 15:574.4(E)(1)(intro para); adds R.S. 15:574.4(E)(4); repeals C.Cr.P. Art. 878.1)