RÉSUMÉ DIGEST
ACT 258 (HB 116) 2017 Regular Session Dwight
Existing 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. Existing
law requires the form to outline and explain the rights and services provided to
victims in existing 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.
New law, beginning Aug. 1, 2018, authorizes a registered victim, within three months of an
inmate's earliest projected release date, for those inmates who are to appear before the
committee on parole to determine whether the person should be granted parole, to submit a
reentry statement and to request 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. Provides that the victim's reentry statement is not binding on the
committee on parole, but requires the committee on parole to consider the victim's reentry
statement, along with other relevant information, only for the purpose of determining the
inmate's parole conditions.
New 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 an agency may choose to complete and submit
the uniform victim notice and registration form electronically and the victim may choose to
receive all notices electronically.
Effective August 1, 2017.
(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))