The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Ashley Menou.
DIGEST
SB 424 Engrossed 2016 Regular Session Martiny
Present law provides that a person convicted of a crime of violence and not otherwise ineligible for
parole shall serve at least 85% of the sentence imposed before being eligible for parole. Provides
that, except for a life sentence for a crime of violence or a sex crime, a person serving a life sentence
shall not be eligible for parole consideration until his life sentence has been commuted to a fixed
term of years. Also provides for parole eligibility for a person sentenced to life imprisonment who
was under the age of 18 at the time of commission of the crime, including a crime of violence, if
certain conditions are met.
Present law provides for parole eligibility for a person committed to DOC for a term or terms of
imprisonment, with or without benefit of parole, for 30 years or more upon serving at least 25 years
of the term in actual custody and age 45 or older.
Present law further provides an exception from such parole eligibility for a person:
(1)Serving a life sentence unless the sentence has been commuted to a fixed term of years.
(2)Convicted of armed robbery.
(3)Convicted of a crime of violence.
(4)Convicted of a sex offense.
Proposed law provides parole eligibility to a person committed to DOC to serve a life sentence or
for a term or terms of imprisonment, with or without benefit of parole, for 30 years or more upon
serving at least 20 years in actual custody. Provides proposed law does not apply to persons serving
a life sentence for a sex offense or sentenced to death, but does apply any person who is convicted
a first time of a crime of violence or a second time of a crime of violence if the first conviction was
not a crime of violence.
Present law provides for parole eligibility for a person committed to DOC for a term or terms of
imprisonment with or without benefit of parole who has served at least 10 years in actual custody,
is age 60 or above and all of the following conditions are met:
(1)The person was not convicted of a crime of violence or an offense which would have been
a crime of violence.
(2)The person was not convicted of a sex offense or an offense which would have been a sex
offense. (3)The person has not committed any major disciplinary offenses for one year prior to the parole
hearing date.
(4)The person has completed 100 hours of prerelease programming.
(5)The person has completed substance abuse treatment, if applicable.
(6)The person has obtained a GED credential.
(7)The person has obtained a low-risk designation.
Proposed law provides parole eligibility for a person sentenced to life or sentenced to a term or terms
of imprisonment if, upon reaching age 60, they have served at least 10 years of the term in actual
custody and if all of the following conditions are met:
(1)The person has been convicted a first time of a crime of violence or convicted a second time
of a crime of violence if their first conviction was not a crime of violence, regardless of the
date of conviction.
(2)The person has not committed any major disciplinary offenses for one year prior to the parole
hearing date.
(3)The person has completed 100 hours of prerelease programming.
(4)The person has completed substance abuse treatment, if applicable.
(5)The person has obtained a GED credential.
(6)The person has obtained a low-risk designation.
Present law provides that no person shall be eligible for parole consideration who has been convicted
of armed robbery and denied parole eligibility and no prisoner serving a life sentence shall be eligible
for parole consideration until his life sentence has been commuted to a fixed term of years.
Proposed law deletes present law.
Present law provides that no person sentenced as a serial sexual offender shall be eligible for parole.
Proposed law retains present law and further excludes a person with a death sentence from parole
eligibility.
Present law provides that no person may be paroled which there is pending against him any
indictment or information for any crime suspected of having been committed by him while a
prisoner. Proposed law retains present law.
Present law requires a person convicted of a crime of violence, not otherwise ineligible for parole,
to serve at least 85% of their sentence before being eligible for parole. Requires notice to the victim
or victim's family when they have completed the victim's notice and registration form.
Proposed law deletes present law and provides that a person convicted of a crime of violence and
sentenced to a term or terms of years shall be eligible for parole consideration upon serving 20 years
in actual custody. Proposed law retains present law's victim's notice provisions.
Present law provides parole eligibility for a person serving a life sentence, with or without the benefit
of parole, who was not convicted of a sex offense or an offense that would constitute a crime of
violence, if the person was at least 18 and under 25 at the time he was sentenced to life imprisonment
and all of the following conditions are met:
(1) The person has served at least 25 years of the sentence.
(2)The person has obtained a low risk designation.
(3)The person has not committed any major disciplinary offenses for one year prior to the parole
hearing date.
(4)The person has completed the mandatory minimum of 100 hours of prerelease programming.
(5)The person has completed substance abuse treatment, if applicable.
(6)The person has obtained a GED credential.
Proposed law provides parole eligibility for any person that was at least 18 and under 25 at the time
of sentencing and serving a life sentence, with or without the benefit of parole, regardless of the date
of conviction, if they have served at least 20 years of the sentence imposed.
Proposed law retains the six conditions in present law for such persons.
Effective August 1, 2016.
(Amends R.S. 15:574.4(A)(2), (A)(4)(intro para), (A)(4)(a), (B)(1), (B)(2)(intro para), (B)(2)(a)(i))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the original bill
1. Makes technical corrections.
2. Regarding parole eligibility for persons serving a life sentence or a term of 30 or more years, deletes present law requirement of age 45 or above and changes from
excluding eligibility for persons serving a life sentence as a serial sexual offender to
excluding eligibility for persons serving a life sentence for a sex offense.
3. Regarding parole eligibility for persons committed to DOC who have served at least
10 years in custody and are age 60 or above, removes condition of eligibility that if
person is convicted of a second crime of violence offense, the first offense can not
be a sex offense.
4. Adds exclusion for persons with a death sentence from parole eligibility.
5. Regarding parole eligibility for persons convicted of a crime of violence, add
condition of 20 years in actual custody.
6. Regarding parole eligibility for persons serving a life sentence, removes qualification
regarding crimes of violence for parole eligibility and removes prohibition from
eligibility for persons convicted of a sex offense.
7. Deletes from bill provisions regarding persons serving a life sentence who were
under the age of 18 at the time of the commission of the offense.
8. Adds provision applying Act to persons committed to DOC regardless of the date of
conviction.