Louisiana 2017 2017 Regular Session

Louisiana House Bill HB116 Comm Sub / Analysis

                    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 116 Original	2017 Regular Session	Dwight
Abstract:  Provides relative to the development of a system that allows a victim to register and
receive notices electronically, and authorizes a registered victim to submit a reentry statement
recommending certain parole conditions.
Present law (R.S. 46:1844) provides for the following relative to basic rights and services for victims
of criminal offenses:
(1)The appropriate law enforcement agency shall distribute to the victim or to the family of a
homicide victim a victim notice and registration form promulgated by the La. Commission
on Law Enforcement and Administration of Criminal Justice.  Present law requires the form
to outline and explain the rights and services provided to victims in present law, and provides
that the information in the form shall be updated as necessary.
(2)The Crime Victims Services Bureau shall publicize and provide a way for victims and their
family members to be kept informed about certain information including  successful court
appeals, parole or pardon hearings, dates of possible release from custody, and the Dept. of
Public Safety and Corrections' policies and programs for inmates. 
(3)The clerk of court shall provide reasonable notice to a registered victim of judicial
proceedings relating to their case. 
(4)The victim or a designated family member of the victim has the right to be present and heard
at all critical stages of a criminal prosecution.
(5)When an inmate in physical custody is within three months of his earliest projected release
date, a registered victim may contact the Crime Victims Services Bureau of the Dept. of
Public Safety and Corrections, corrections services, to request a current photograph of the
inmate, and the department shall take all reasonable steps to provide a photograph to the
registered victim at least ten days prior to the inmate's actual release.
(6)The Board of Pardons and the committee on parole are required to notify the victim when
a parole or pardon hearing has been set for the person convicted of the crime against the
victim.  The victim has a right to make a written and oral statement as to the impact of the
crime at the hearing and to rebut any statements or evidence introduced by the inmate.
Proposed law, beginning Aug. 1, 2018, authorizes a registered victim, within three months of an inmate's earliest projected release date, to submit a reentry statement requesting that the inmate be
subject to certain proximity or contact restrictions, as part of the inmate's parole conditions, that the
victim believes are necessary for the victim's protection.  Authorizes the committee on parole to
consider the victim's reentry statement only for the purpose of determining the inmate's parole
conditions.
Proposed law requires, to the extent that funding is available for such purposes, the La. Commission
on Law Enforcement and Administration of Criminal Justice to develop and provide, by Aug. 1,
2018, a system by which the victim may choose to complete and submit the uniform victim notice
and registration form, and receive all notices, electronically.
(Amends R.S. 46:1844(A)(2)(b) and (d), (M)(1) and (2), (O), and (R); Adds R.S. 46:1844(A)(2)(e))