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2017 Regular Session
SENATE BILL NO. 139
BY SENATOR MARTINY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL JUSTICE. Provides relative to criminal justice. (11/1/17)
1 AN ACT
2 To amend and reenact Code of Criminal Procedure Arts. 893(A) and (B), 900(A)(5) and (6),
3 and 903.1, R.S. 13:5304(B)(10)(b), and R.S. 15:571.3(B) and (D), 574.2(C)(1) and
4 (2) and (D)(1), the introductory paragraph of (6), (8)(a), and (9), 574.4(A)(1), (B)(1)
5 and (C)(2), 574.4.1(A)(1), 574.6, the introductory paragraph of 574.7(B)(1) and (C),
6 574.9(D), (E), (F) and (G), 574.20, and 828(B) and (C), to enact Code of Criminal
7 Procedure Arts. 893(G), 895.6, 895.7 and 899.2, and R.S. 15:574.2(C)(4), 574.4(F),
8 574.7(D), 574.9(H), 827(A)(7) and 828(D), and to repeal Code of Criminal
9 Procedure Article 900(A)(7), relative to criminal justice; to provide for alternatives
10 to incarceration; to provide for release from incarceration and from supervision; to
11 provide for felony probation and parole; to provide for suspension and deferral of
12 sentence; to provide for the term of probation and of parole; to provide for extended
13 probation periods; to provide for discharge credits for felony probation and for
14 parole; to provide for the earning of discharge credits; to provide for the regulation
15 of number of credits earned; to provide for methods to rescind credits; to provide for
16 notice; to provide for the satisfaction of sentences; to provide for discharge from
17 probation and from parole; to provide for administrative sanctions; to provide for
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1 technical violations of probation and of parole; to authorize use of administrative
2 sanctions; to provide for a system of administrative rewards; to provide for probation
3 and for parole revocation; to provide for sentences imposed for technical violations
4 of probation and of parole; to provide for credit for time served; to provide for the
5 substance abuse probation program; to provide for diminution of sentence; to provide
6 for good time; to provide for earning rates for good time; to provide for the
7 committee on parole; to provide for meetings of the committee on parole; to provide
8 for voting; to provide for administrative parole; to provide for notice to victims; to
9 provide for notice for victim's spouse or next of kin; to provide for parole eligibility;
10 to provide for parole eligibility for offenders serving a life sentence; to provide for
11 parole hearings; to provide for conditions of parole; to provide for custody and
12 supervision of parolees; to provide for modification of parole; to provide for
13 suspension of probation and of parole; to provide for return to custody hearings; to
14 provide for detainers; to provide for enforceability of detainers; to provide for
15 medical parole; to authorize medical treatment furloughs; to provide for the terms
16 of medical parole and medical treatment furlough; to provide for revocation of
17 medical parole or medical treatment furlough for improved health; to provide for
18 written case plans; to provide for classification and treatment programs; to provide
19 for credit for participation in certain programs; to provide relative to good time for
20 offenders sentenced as habitual offenders; to provide for rulemaking; to provide for
21 record collection; to provide for maintenance of records; to provide for effective
22 dates; and to provide for related matters.
23 Be it enacted by the Legislature of Louisiana:
24 Section 1. Code of Criminal Procedure Arts. 893(A) and (B), 900(A)(5) and (6) and
25 903.1 are hereby amended and reenacted and Code of Criminal Procedure Arts. 893(G),
26 895.6, 895.7, and 899.2 are hereby enacted to read as follows:
27 Art. 893. Suspension and deferral of sentence and probation in felony cases
28 A.(1) When it appears that the best interest of the public and of the defendant
29 will be served, the court, after a first, or second, or third conviction of a noncapital
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1 felony, may suspend, in whole or in part, the imposition or execution of either or
2 both sentences, where suspension is allowed under the law, and in either or both
3 cases place the defendant on probation under the supervision of the division of
4 probation and parole. The court shall not suspend the sentence of a second or
5 third conviction of R.S. 14:73.5. Except as provided in Paragraph G of this
6 Article, the period of probation shall be specified and shall not be more than
7 three years.
8 (2) The court shall not suspend the sentence of a conviction for an offense
9 that is designated in the court minutes as a crime of violence pursuant to Article
10 890.3, except a first conviction for an offense with a maximum prison sentence
11 of ten years or less that was not committed against a family member, household
12 member, or dating partner, or of a second or third conviction if the second or
13 third conviction is for a violation of R.S. 14:73.5, 81.1, or 81.2. The period of
14 probation shall be specified and shall not be less than one year nor more than five
15 years.
16 (3) The suspended sentence shall be regarded as a sentence for the purpose
17 of granting or denying a new trial or appeal.
18 (4) Supervised release as provided for by Chapter 3-E of Title 15 of the
19 Louisiana Revised Statutes of 1950 shall not be considered probation and shall not
20 be limited by the five-year or three-year periods for probation provided for by the
21 provisions of this Paragraph.
22 B.(1)(a) Notwithstanding any other provision of law to the contrary,
23 when it appears that the best interest of the public and of the defendant will be
24 served, the court, after a fourth conviction of operating a vehicle while
25 intoxicated pursuant to R.S. 14:98, The court may suspend, in whole or in part, the
26 imposition or execution of the sentence when the defendant was not offered such
27 alternatives prior to his fourth conviction of operating a vehicle while
28 intoxicated and the following conditions exist:
29 (i) The sentence is for a third conviction of any of the following:
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1 (aa) A noncapital felony for which a defendant could have his sentence
2 suspended under Paragraph A of this Article had the conviction been for a first or
3 second offense.
4 (bb) A violation of the Uniform Controlled Dangerous Substances Law.
5 (cc) A third conviction of operating a vehicle while intoxicated in violation
6 of R.S. 14:98.
7 (ii) It appears that suspending the sentence is in the best interest of the public
8 and the defendant.
9 (iii)(a) The district attorney consents to the suspension of the sentence.
10 (iv)(b) The court orders the defendant to do any of the following:
11 (aa)(i) Enter and complete a program provided by the drug division of the
12 district court pursuant to R.S. 13:5301 et seq. When a case is assigned to the drug
13 division probation program pursuant to the provisions of R.S. 13:5301 et seq., with
14 the consent of the district attorney, the court may place the defendant on probation
15 for a period of not more than eight years if the court determines that successful
16 completion of the program may require that period of probation to exceed the five-
17 year limit. If necessary to assure successful completion of the drug division
18 probation program, the court may extend the duration of the probation period. The
19 period of probation as initially fixed or as extended shall not exceed eight years.
20 (bb)(ii) Enter and complete an established driving while intoxicated court or
21 sobriety court program, as agreed upon by the trial court and the district attorney.
22 When a case is assigned to an established driving while intoxicated court or sobriety
23 court program, with the consent of the district attorney, the court may place the
24 defendant on probation for a period of not more than eight years if the court
25 determines that successful completion of the program may require that period of
26 probation to exceed the five-year limit. If necessary to assure successful completion
27 of the drug division probation program, the court may extend the duration of the
28 probation period. The period of probation as initially fixed or as extended shall not
29 exceed eight years.
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1 (cc)(iii) Reside for a minimum period of one year in a facility which
2 conforms to the Judicial Agency Referral Residential Facility Regulatory Act, R.S.
3 40:2852.
4 (dd)(iv) Enter and complete the Swift and Certain Probation Pilot Program
5 established pursuant to R.S. 13:5371 et seq. When a case is assigned to this pilot
6 program, with the consent of the district attorney, the court may place the defendant
7 on probation for a period of not less than one year and not more than eight years if
8 the court determines that successful completion of the program may require that
9 period of probation to exceed the five-year limit. If necessary to ensure successful
10 completion of the program, the court may extend the duration of the probation
11 period. The period of probation as initially fixed or as extended shall not exceed
12 eight years.
13 (b)(2)When suspension is allowed under this Paragraph, the defendant shall
14 be placed on probation under the supervision of the division of probation and parole.
15 The period of probation shall be specified and shall not be less than two years nor
16 more than five three years, except as provided in Subitems (a)(iv)(aa), (bb), and (dd)
17 of this Subparagraph Paragraph G of this Article. The suspended sentence shall be
18 regarded as a sentence for the purpose of granting or denying a new trial or appeal.
19 (2) Notwithstanding any other provisions of law to the contrary, the
20 sentencing alternatives available in Subparagraph (1) of this Paragraph, shall be
21 made available to offenders convicted of a fourth offense violation of operating a
22 vehicle while intoxicated pursuant to R.S. 14:98, only if the offender had not been
23 offered such alternatives prior to his fourth conviction of operating a vehicle while
24 intoxicated.
25 * * *
26 G. If the court, with the consent of the district attorney, orders a
27 defendant, upon a third conviction or fourth felony conviction, to enter and
28 complete a program provided by the drug division of the district court pursuant
29 to R.S. 13:5301, an established driving while intoxicated court or sobriety court
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1 program, or the Swift and Certain Probation Pilot Program established
2 pursuant to R.S. 13:5371, the court may place the defendant on probation for
3 a period of not more than eight years if the court determines that successful
4 completion of the program may require that period of probation to exceed the
5 three-year limit. The court may not extend the duration of the probation period
6 solely due to unpaid fees and fines. The period of probation as initially fixed or
7 as extended shall not exceed eight years.
8 * * *
9 Art. 895.6. Discharge credits; probation
10 A.(1) Every defendant on felony probation pursuant to Article 895 for
11 an offense other than a crime of violence as defined in R.S. 14:2(B) or a sex
12 offense as defined in R.S. 15:541 shall earn discharge credits for compliance
13 with the terms and conditions of probation supervision to reduce the term of
14 supervision. A defendant shall earn credits equal to thirty days for every
15 calendar month of compliance with the terms and conditions of his probation.
16 A defendant shall not receive credits for any partial calendar month of felony
17 probation.
18 (2) Notwithstanding Subparagraph (1) of this Paragraph and any other
19 law to the contrary, discharge credits may not be earned in conjunction with
20 any other credits received toward a defendant's term of probation. If a
21 defendant receives credit toward his term of probation for any other reason, he
22 shall not receive discharge credits for that period of time.
23 B. If the chief probation and parole officer, upon recommendation by a
24 probation officer, has reasonable cause to believe that a defendant on felony
25 probation has not been compliant with the conditions of his probation in a given
26 calendar month, he shall notify the sentencing judge within five business days
27 of learning of the incident of noncompliance. If, within five business days of
28 receiving the notification, the judge does not make a ruling to the contrary,
29 thirty days of earned discharge credits will be rescinded from the defendant.
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1 Credits may only be rescinded for a month in which the defendant is found not
2 to be in compliance.
3 C. The Department of Corrections shall develop written policies and
4 procedures for the implementation of earned discharge credits for defendants
5 on felony probation supervision provided for by the provisions of this Article.
6 The policies and procedures shall include but not be limited to written
7 guidelines regarding the process to earn discharge credits and the application
8 of the credits toward the reduction of the term of supervision. The Department
9 of Corrections shall also collect data on the implementation of earned discharge
10 credits, including the names of defendants that earned credits, how many
11 credits are applied to each defendant, and reductions to supervision periods at
12 the time of discharge.
13 D. The Department of Corrections shall maintain a record of credits
14 earned by each defendant under this Article. Every six months from the date
15 the defendant is placed on probation, the department shall notify the defendant
16 of the current earned compliance discharge date for the defendant's term of
17 supervision and the overall sentence of the defendant.
18 E. The Department of Corrections shall notify the court no less than sixty
19 days prior to the expected discharge date. Nothing in this Article shall prohibit
20 the department from requesting that the court terminate the probation
21 supervision prior to the discharge date.
22 F. When a defendant's total probation is satisfied through a combination
23 of time served on felony probation and earned discharge credits, the court shall
24 order the termination of the probation of the defendant.
25 G. For purposes of this Article, "calendar month of compliance" shall
26 be defined as any one of the twelve periods of time in which the calendar is
27 divided in which none of the following occur:
28 (1) A violation report is submitted by a probation officer.
29 (2) An administrative sanction is issued by a probation officer pursuant
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1 to Article 899.1.
2 (3) A defendant absconds from supervision in any of the following ways:
3 (a) Fails to report within five business days after release from custody.
4 (b) Fails to report, as ordered by the court or directed by the probation
5 officer, for a scheduled meeting with a probation officer, and fails to make
6 contact with a probation officer within thirty days of the missed meeting.
7 (c) The defendant serves a term of imprisonment pursuant to Article 900.
8 Art. 895.7. Discharge credits; parole
9 A.(1) Every defendant on parole pursuant to R.S. 15:574.4.2 for an
10 offense other than a crime of violence as defined in R.S. 14:2(B) or a sex offense
11 as defined in R.S. 15:541 shall earn discharge credits for compliance with the
12 terms and conditions of parole supervision to reduce the term of supervision.
13 A defendant shall earn credits equal to thirty days for every calendar month of
14 compliance with the terms and conditions of his parole supervision. A defendant
15 shall not receive credits for any partial calendar month of parole.
16 (2) Notwithstanding Subparagraph (1) of this Paragraph and any
17 provision of law to the contrary, discharge credits may not be earned in
18 conjunction with any other credits toward a defendant's term of parole. If a
19 defendant receives credit toward his term of parole for any other reason, he
20 shall not receive discharge credits for that period of time.
21 B. If the chief probation and parole officer, upon recommendation by a
22 parole officer, has reasonable cause to believe that a defendant on parole has
23 not been compliant with the conditions of his parole in a given calendar month,
24 he shall notify the committee on parole within five business days of learning of
25 the incident of noncompliance. If, within five business days of receiving the
26 notification, the committee on parole does not make a ruling to the contrary,
27 thirty days of earned discharge credits shall be rescinded from the defendant.
28 Credits may only be rescinded for a month in which the defendant is found not
29 to be in compliance.
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1 C. The Department of Corrections shall develop written policies and
2 procedures for the implementation of earned discharge credits for defendants
3 on parole supervision provided for by the provisions of this Article. The policies
4 and procedures shall include but not be limited to written guidelines regarding
5 the process to earn discharge credits and the application of the credits toward
6 the reduction of the term of supervision. The Department of Corrections shall
7 also collect data on the implementation of earned discharge credits, including
8 the names of defendants that earned credits, how many credits are applied to
9 each defendant, and reductions to supervision periods at the time of discharge.
10 D. The Department of Corrections shall maintain a record of credits
11 earned by each defendant under this Article. Every six months from the date
12 the defendant is released on parole, the department shall notify the defendant
13 of the current earned compliance discharge date for the defendant's term of
14 supervision and the overall sentence of the defendant.
15 E. The Department of Corrections shall notify the committee on parole
16 no less than sixty days prior to the expected discharge date. Nothing in this
17 Article shall prohibit the department from requesting that the committee on
18 parole terminate parole supervision prior to the termination date.
19 F. When a defendant's total sentence is satisfied through a combination
20 of time served on parole and earned discharge credits, the Department of
21 Corrections, without order by the committee, shall discharge the defendant.
22 G. For purposes of this Article, "calendar month of compliance" shall
23 be defined as any one of the twelve periods of time in which the calendar is
24 divided in which none of the following occur:
25 (1) A violation report is submitted by a parole officer.
26 (2) An administrative sanction is issued by a parole officer pursuant to
27 R.S. 15:574.7.
28 (3) A defendant absconds from supervision in any of the following ways:
29 (a) Fails to report within five business days after release from custody.
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1 (b) Fails to report, as ordered by the committee on parole or directed by
2 the parole officer, for a scheduled meeting with a parole officer, and fails to
3 make contact with a parole officer within thirty days of the missed meeting.
4 (c) The defendant serves a term of imprisonment pursuant to R.S.
5 15:574.9.
6 * * *
7 Art. 899.2. Administrative sanctions for technical violations; offenses other
8 than crimes of violence or sex offenses
9 A. Each time a defendant on probation for a crime other than a crime of
10 violence as defined in R.S. 14:2(B) or a sex offense as defined in R.S. 15:541(24)
11 violates a condition of his probation, a probation agency is authorized to use
12 administrative sanctions to address a technical violation committed by a
13 defendant when all of the following occur:
14 (1) The defendant, after receiving written notification of the right to a
15 hearing before a court and the right to counsel provides a written waiver of a
16 probation violation hearing.
17 (2) The defendant admits to the violation or affirmatively chooses not to
18 contest the violation alleged in the probation violation report.
19 (3) The defendant consents to the imposition of administrative sanctions
20 by the Department of Public Safety and Corrections.
21 B. The department shall promulgate rules to implement the provisions
22 of this Article to establish the following:
23 (1)(a) A system of structured, administrative sanctions which shall be
24 imposed for technical violations of probation and which shall take into
25 consideration the following factors:
26 (i) The severity of the violation behavior.
27 (ii) The prior violation history.
28 (iii) The severity of the underlying criminal conviction.
29 (iv) The criminal history of the probationer.
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1 (v) Any special circumstances, characteristics, or resources of the
2 probationer.
3 (vi) Protection of the community.
4 (vii) Deterrence.
5 (viii) The availability of appropriate local sanctions, including but not
6 limited to jail, treatment, community service work, house arrest, electronic
7 surveillance, restitution centers, work release centers, day reporting centers, or
8 other local sanctions.
9 (b) Incarceration shall not be used for the first or second lowest-level
10 violations, including but not limited to a first positive drug test; association with
11 known felons or persons involved in criminal activity; changing residence
12 without permission, failure to initially report as required; failure to pay
13 restitution up to three months; failure to report as instructed; travel without
14 permission; and unemployment and failure to seek employment within ninety
15 days.
16 (c) Incarceration shall not be used for first or second violations of alcohol
17 use or admission, except for defendants convicted of operating a vehicle while
18 intoxicated pursuant to R.S. 14:98; defendants convicted of domestic abuse
19 battery pursuant to R.S. 14:35.3 committed by one family member, household
20 member, or dating partner against another; or defendants convicted of violation
21 of a protective order pursuant to R.S. 14:79 committed by one family member,
22 household member, or dating partner against another.
23 (2) Procedures to provide a probationer with written notice of the right
24 to a probation violation hearing to determine whether the probationer violated
25 the conditions of probation alleged in the violation report and the right to be
26 represented by counsel at state expense at that hearing if financially eligible.
27 (3) Procedures for a probationer to provide written waiver of the right
28 to a probation violation hearing, to admit to the violation or affirmatively
29 choose not to contest the violation alleged in the probation violation report, and
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1 to consent to the imposition of administrative sanctions by the department.
2 (4) The level and type of sanctions that may be imposed by probation
3 officers and other supervisory personnel.
4 (5) The level and type of violation behavior that warrants a
5 recommendation to the court that probation be revoked.
6 (6) Procedures notifying the probationer, the district attorney, the
7 defense counsel of record, and the court of probation of a violation admitted by
8 the probationer and the administrative sanctions imposed.
9 (7) Such other policies and procedures as are necessary to implement the
10 provisions of this Article and to provide adequate probation supervision.
11 C. If the administrative sanction imposed pursuant to the provisions of
12 this Article is jail confinement, the confinement shall not exceed ten days per
13 violation and shall not exceed a total of sixty days per year.
14 D. For purposes of this Article, "technical violation" means any violation
15 of a condition of probation, except that it does not include any of the following:
16 (1) A new felony conviction.
17 (2) A conviction for an intentional misdemeanor directly affecting the
18 person.
19 (3) An allegation of a subsequent criminal act pursuant to R.S. 14:2(B).
20 (4) An allegation of a subsequent criminal act pursuant to R.S. 15:541.
21 (5) An allegation of domestic abuse battery pursuant to R.S. 14:35.3
22 committed by one family member, household member, or dating partner
23 against another.
24 (6) An allegation of violation of protective order pursuant to R.S. 14:79
25 committed by one family member, household member, or dating partner
26 against another.
27 Art. 900. Violation hearing; sanctions
28 A. After an arrest pursuant to Article 899, the court shall cause a defendant
29 who continues to be held in custody to be brought before it within thirty days for a
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1 hearing. If a summons is issued pursuant to Article 899, or if the defendant has been
2 admitted to bail, the court shall set the matter for a violation hearing within a
3 reasonable time. The hearing may be informal or summary. If the court decides that
4 the defendant has violated, or was about to violate, a condition of his probation it
5 may:
6 * * *
7 (5)(a) Order that the probation be revoked. In the event of revocation the
8 defendant shall serve the sentence suspended, with or without credit for the time
9 served on probation at the discretion of the court. If the imposition of sentence was
10 suspended, the defendant shall serve the sentence imposed by the court at the
11 revocation hearing.
12 (b) Notwithstanding the provisions of Item(a) of this Subparagraph, in
13 the event of revocation for a defendant placed on probation for the conviction
14 of an offense other than a crime of violence as defined in R.S. 14:2(B) or a sex
15 offense as defined in R.S. 15:541, the defendant shall serve the sentence
16 suspended with credit for time served on probation.
17 (6)(a) Notwithstanding the provisions of Subparagraph (A)(5) of this Article,
18 any defendant who has been placed on probation by the drug division probation
19 program pursuant to R.S. 13:5304, and who has had his probation revoked under the
20 provisions of this Article for a technical violation of drug division probation as
21 determined by the court, may be ordered to be committed to the custody of the
22 Department of Public Safety and Corrections and be required to serve a sentence of
23 not more than twelve months without diminution of sentence in the intensive
24 incarceration program pursuant to the provisions of R.S. 15:574.4.4. Upon successful
25 completion of the program, the defendant shall return to active, supervised probation
26 with the drug division probation program for a period of time as ordered by the court,
27 subject to any additional conditions imposed by the court and under the same
28 provisions of law under which the defendant was originally sentenced. If an offender
29 is denied entry into the intensive incarceration program for physical or mental health
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1 reasons or for failure to meet the department's suitability criteria, the department
2 shall notify the sentencing court for resentencing in accordance with the provisions
3 of Article 881.1.
4 (b) Notwithstanding the provisions of Subparagraph (A)(5) of this Article,
5 any defendant who has been placed on probation by the court for the conviction of
6 an offense other than a crime of violence as defined in R.S. 14:2(B) or of a sex
7 offense as defined in R.S. 15:541(24), and who has had his probation revoked under
8 the provisions of this Article for his first a technical violation of his probation as
9 determined by the court, shall be required to serve a sentence of not more than ninety
10 days without diminution of sentence, without diminution of sentence, as follows:
11 (i) For the first technical violation, not more than fifteen days.
12 (ii) For the second technical violation, not more than thirty days.
13 (iii) For a third or subsequent technical violation, not more than
14 forty-five days.
15 (c) The defendant shall be given credit for time served prior to the revocation
16 hearing for time served in actual custody while being held for a technical violation
17 in a local detention facility, state institution, or out-of-state institution pursuant to
18 Article 880. The term of the revocation for a technical violation shall begin on the
19 date the court orders the revocation. Upon completion of the imposed sentence for
20 the technical revocation, the defendant shall return to active and supervised probation
21 for a period equal to the remainder of the original period of probation subject to any
22 additional conditions imposed by the court. The provisions of this Paragraph shall
23 apply only to the defendant's first revocation for a technical violation.
24 (d) If a defendant completes ninety days of court-recommended
25 substance abuse treatment he shall receive ninety days credit toward his term
26 of probation.
27 (c)(e) A "technical violation", as used in this Paragraph, means any violation
28 except a felony conviction. except it shall not include any of the following:
29 (i) Being arrested, charged, or convicted of any of the following:
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1 (aa) A felony.
2 (bb) A violation of any provision of Title 40 of the Louisiana Revised
3 Statutes of 1950, except for misdemeanor possession of marijuana or
4 tetrahydrocannabinol, or chemical derivatives thereof, as provided in R.S.
5 40:966(E)(1), which shall be considered a "technical violation".
6 (cc) Any intentional misdemeanor directly affecting the person.
7 (dd) At the discretion of the court, any attempt to commit any intentional
8 misdemeanor directly affecting the person.
9 (ee) At the discretion of the court, any attempt to commit any other
10 misdemeanor.
11 (ii) Being in possession of a firearm or other prohibited weapon.
12 (iii) Failing to appear at any court hearing.
13 (iv) Absconding from the jurisdiction of the court.
14 (v) Failing to satisfactorily complete a drug court program if ordered to do
15 so as a special condition of probation.
16 (vi) At the discretion of the court, failing to report to the probation officer for
17 more than one hundred twenty consecutive days.
18 * * *
19 Art. 903.1. Substance abuse probation program; eligibility
20 A. In order to be eligible for the substance abuse probation program, the
21 defendant must be charged with a violation of a statute of this state relating to
22 the use and possession of or possession with intent to distribute any narcotic
23 drugs, coca leaves, marijuana, stimulants, depressants, or hallucinogenic drugs,
24 or where there is a significant relationship between the use of alcohol or drugs
25 and the crime before the court. shall not be excluded from participation pursuant
26 to the provisions of Paragraph B of this Article and shall be charged with any of the
27 following offenses:
28 (1) Felony possession of a controlled dangerous substance as defined in R.S.
29 40:966(C), 967(C), 968(C), or 969(C).
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1 (2) Except as provided in Subparagraph (3) of this Paragraph, possession with
2 intent to distribute a controlled dangerous substance as defined in R.S. 40:966(A),
3 967(A), 968(A), or 969(A) where the offense involves less than twenty-eight grams
4 of the controlled dangerous substance.
5 (3) Possession with intent to distribute marijuana or synthetic cannabinoids
6 as defined in R.S. 40:966(A) where the offense involves less than one pound of
7 marijuana or synthetic cannabinoids.
8 B. The provisions of this Article shall not apply to any defendant who has
9 been convicted of a crime of violence as defined in R.S. 14:2(B), except for a first
10 conviction of an offense with a maximum prison sentence of ten years or less
11 that was not committed against a family member, household member, or dating
12 partner, or a sex offense as defined in R.S. 15:541, or any defendant who has
13 participated in or declined to participate in a drug division probation program as
14 provided for in R.S. 13:5301 et seq.
15 Section 2. R.S. 13:5304(B)(10)(b) is hereby amended and reenacted to read as
16 follows:
17 §5304. The drug division probation program
18 * * *
19 B. Participation in probation programs shall be subject to the following
20 provisions:
21 * * *
22 (10) In order to be eligible for the drug division probation program, the
23 defendant must satisfy each of the following criteria:
24 * * *
25 (b) The crime before the court cannot be a crime of violence as defined in
26 R.S. 14:2(B), except a first conviction of an offense with a maximum prison
27 sentence of ten years or less that was not committed against a family member,
28 household member, or dating partner, or an offense of domestic abuse battery
29 which is punishable by imprisonment at hard labor as provided in R.S. 14:35.3.
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1 * * *
2 Section 3. R.S. 15:571.3(B) and (D), 574.2(C)(1) and (2) and (D)(1), the
3 introductory paragraph of (6), (8)(a) and (9), 574.4(A)(1), (B)(1) and (C)(2), 574.4.1(A)(1),
4 574.6, the introductory paragraph of 574.7(B)(1) and (C), 574.9(D), (E), (F), and (G), 574.20
5 and 828(B) and (C) are hereby amended and reenacted and R.S. 15:574.2(C)(4), 574.4(F),
6 574.7(D), 574.9(H), 827(A)(7) and 828(D) are hereby enacted to read as follows:
7 §571.3. Diminution of sentence for good behavior
8 * * *
9 B.(1)(a) Unless otherwise prohibited, every inmate offender in the custody
10 of the department who has been convicted of a felony, except an inmate offender
11 convicted a second time of a crime of violence as defined by R.S. 14:2(B), and
12 sentenced to imprisonment for a stated number of years or months, may earn, in lieu
13 of incentive wages, a diminution of sentence by good behavior and performance of
14 work or self-improvement activities, or both, to be known as "good time". Those
15 inmates offenders serving life sentences will be credited with good time earned
16 which will be applied toward diminution of their sentences at such time as the life
17 sentences might be commuted to a specific number of years. The secretary shall
18 establish regulations for awarding and recording of good time and shall determine
19 when good time has been earned toward diminution of sentence. The amount of
20 diminution of sentence allowed under the provisions of this Section shall be at the
21 rate of one and one half day for every one day thirteen days for every seven days
22 in actual custody served on the imposed sentence, including time spent in custody
23 with good behavior prior to sentencing for the particular sentence imposed as
24 authorized by the provisions of Code of Criminal Procedure Article 880.
25 (b) The provisions of Subparagraph (a) of this Paragraph shall be applicable
26 to persons offenders convicted of offenses or revoked on probation or parole on
27 or after January 1, 1992 and who are not serving a sentence for the following
28 offenses:
29 (i) A sex offense as defined in R.S. 15:541.
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1 (ii) A crime of violence as defined in R.S. 14:2(B).
2 (iii) Any offense which would constitute a crime of violence as defined in
3 R.S. 14:2(B) or a sex offense as defined in R.S. 15:541, regardless of the date of
4 conviction.
5 (2)(a) An inmate offender convicted a first time of a crime of violence as
6 defined in R.S. 14:2(B), without a prior conviction of a crime of violence as
7 defined in R.S. 14:2(B) or a sex offense as defined in R.S. 15:541, shall earn
8 diminution of sentence at a rate of three days for every seventeen one day for every
9 three days in actual custody held on the imposed sentence, including time spent in
10 custody with good behavior prior to sentencing for the particular sentence imposed
11 as authorized by Code of Criminal Procedure Article 880.
12 (b) The provisions of this Paragraph shall not apply to an offender if his
13 instant conviction is for a crime that is a crime of violence as defined in R.S.
14 14:2(B) and a sex offense as defined in 15:541.
15 (c) The provisions of this Paragraph shall apply only to offenders
16 convicted of offenses or revoked on probation or parole on or after November 1,
17 2017.
18 (3) A person shall not be eligible for diminution of sentence for good
19 behavior if he has been convicted of or pled guilty to, or where adjudication has been
20 deferred or withheld for, a violation of any one of the following offenses:
21 (a) Rape (R.S. 14:41).
22 (b) Aggravated or first degree rape (R.S. 14:42).
23 (c) Forcible or second degree rape (R.S. 14:42.1).
24 (d) Simple or third degree rape (R.S. 14:43).
25 (e) Sexual battery (R.S. 14:43.1).
26 (f) Second degree sexual battery (R.S. 14:43.2).
27 (g) Oral sexual battery (R.S. 14:43.3).
28 (h) Intentional exposure to AIDS virus (R.S. 14:43.5).
29 (i) Repealed by Acts 2014, No. 602, §7, eff. June 12, 2014.
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1 (j) Repealed by Acts 2014, No. 602, §7, eff. June 12, 2014.
2 (k) Felony carnal knowledge of a juvenile (R.S. 14:80).
3 (l) Indecent behavior with juveniles (R.S. 14:81).
4 (m) Pornography involving juvenile (R.S. 14:81.1).
5 (n) Molestation of a juvenile or a person with a physical or mental disability
6 (R.S. 14:81.2).
7 (o) Computer-aided solicitation of a minor (R.S. 14:81.3).
8 (p) Crime against nature (R.S. 14:89).
9 (q) Aggravated crime against nature (R.S. 14:89.1).
10 (r) Sexual battery of persons with infirmities (R.S. 14:93.5).
11 (4) Diminution of sentence shall not be allowed an inmate in the custody of
12 the Department of Public Safety and Corrections if the inmate has been convicted
13 one or more times under the laws of this state, any other state, or the federal
14 government of any one or more of the following crimes or attempts to commit any
15 of the following crimes:
16 (a) Felony carnal knowledge of a juvenile.
17 (b) Indecent behavior with juveniles.
18 (c) Molestation of a juvenile or a person with a physical or mental disability.
19 (d) Crime against nature as defined by R.S. 14:89(A)(2).
20 (e) Aggravated crime against nature as defined by R.S. 14:89.1(A)(2).
21 * * *
22 D.(1) Diminution of sentence shall not be allowed an inmate offender in the
23 custody of the Department of Public Safety and Corrections if the instant offense is
24 a second offense crime of violence as defined by R.S. 14:2(B) crime of violence as
25 defined by R.S. 14:2(B) and the offender has two or more prior convictions for
26 a crime of violence as defined by R.S. 14:2(B) or a sex offense as defined by R.S.
27 15:541.
28 (2) Diminution of sentence shall not be allowed an offender in the
29 custody of the Department of Public Safety and Corrections if the instant
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1 offense is a sex offense as defined by R.S. 15:541.
2 * * *
3 §574.2. Committee on parole, Board of Pardons; membership; qualifications;
4 vacancies; compensation; domicile; venue; meetings; quorum;
5 panels; powers and duties; transfer of property to committee;
6 representation of applicants before the committee; prohibitions
7 * * *
8 C.(1) The committee shall meet in a minimum of three-member panels at the
9 adult correctional institutions on regular scheduled dates, not less than every three
10 months. Such dates are to be determined by the chairman. Except as provided for in
11 Paragraph (2) of this Subsection or in cases where the offender is released
12 pursuant to Paragraph (4) of this Subsection, three votes of a three-member panel
13 shall be required to grant parole, or, if the number exceeds a three-member panel, a
14 unanimous vote of those present shall be required to grant parole.
15 (2) The Except in cases where the offender is released pursuant to
16 Paragraph (4) of this Subsection, the committee may grant parole with two votes
17 of a three-member panel, or, if the number exceeds a three-member panel, a majority
18 vote of those present if all of the following conditions are met:
19 (a) The offender has not been convicted of a sex offense as defined in R.S.
20 15:541 or an offense which would constitute a sex offense as defined in R.S. 15:541,
21 regardless of the date of conviction.
22 (b) The offender has not committed any major disciplinary offenses in the
23 twelve consecutive months prior to the parole eligibility date. A major disciplinary
24 offense is an offense identified as a Schedule B offense by the Department of Public
25 Safety and Corrections in the Disciplinary Rules and Procedures of Adult Offenders.
26 (c) The offender has completed the mandatory minimum of one hundred
27 hours of pre-release programming in accordance with R.S. 15:827.1 if such
28 programming is available at the facility where the offender is incarcerated.
29 (d) The offender has completed substance abuse treatment as applicable.
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1 (e) The offender has obtained a GED credential, unless the offender has
2 previously obtained a high school diploma or is deemed by a certified educator as
3 being incapable of obtaining a GED credential due to a learning disability. If the
4 offender is deemed incapable of obtaining a GED credential, the offender must
5 complete at least one of the following: a literacy program, an adult basic education
6 program, or a job skills training program.
7 (f) The offender has obtained a low-risk level designation determined by a
8 validated risk assessment instrument approved by the secretary of the Department
9 of Public Safety and Corrections.
10 * * *
11 (4)(a) Notwithstanding any provision of law to the contrary, each
12 offender convicted of an offense other than a crime of violence as defined in R.S.
13 14:2(B) or a sex offense as defined in R.S. 15:541 after November 1, 2017, and
14 eligible for parole pursuant to R.S. 15:574.4(A)(1), except those sentenced under
15 R.S. 15:529.1, shall be released on administrative parole on the offender's parole
16 eligibility date without a hearing before the committee if all of the following
17 conditions are met:
18 (i) Beginning January 1, 2021, the offender has completed a case plan
19 pursuant to R.S. 15:827(A)(7), except as provided in Subparagraph (b) of this
20 Paragraph.
21 (ii) The offender's charge or amended charge on the bill of information
22 was a crime of violence as defined in R.S. 14:2(B) or a sex offense as defined in
23 R.S. 15:541 and the district attorney of the parish in which the conviction
24 occurred or a victim of the offender has not requested that the committee on
25 parole conduct a hearing.
26 (iii) The offender has not committed any major disciplinary offenses in
27 the twelve consecutive months prior to the administrative parole eligibility date.
28 A major disciplinary offense is an offense identified as a Schedule B offense by
29 the Department of Public Safety and Corrections in the Disciplinary Rules and
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1 Procedures for Adult Offenders.
2 (iv) The offender has agreed to the conditions of supervision.
3 (b) If the offender has met the conditions provided in Items (ii), (iii), and
4 (iv) of Subparagraph (a) of this Paragraph, he shall still be released on
5 administrative parole if the case plan was not created for him or the incomplete
6 case plan was not the fault of the offender.
7 D. In accordance with the provisions of this Part, the committee on parole
8 shall have the following powers and duties:
9 (1) To Except as provided in Paragraph (C)(4) of this Section, to
10 determine the time and conditions of release on parole of any person offender who
11 has been convicted of a felony and sentenced to imprisonment, and confined in any
12 penal or correctional institution in this state.
13 * * *
14 (6) To Except as provided in Paragraph (C)(4) of this Section, to consider
15 all pertinent information with respect to each prisoner offender who is incarcerated
16 in any penal or correctional institution in this state at least one month prior to the
17 parole eligible date and thereafter at such other intervals as it may determine, which
18 information shall be a part of the inmate's offender's consolidated summary record
19 and which shall include:
20 * * *
21 (8)(a) To notify the district attorney of the parish where the conviction
22 occurred. The notification shall be in writing and shall be issued at least thirty sixty
23 days prior to the hearing date. For offenders eligible for release pursuant to
24 Paragraph (C)(4) of this Section, the notification shall be in writing and shall be
25 issued at least ninety days prior to the offender's administrative parole
26 eligibility date. If the offender's charge or amended charge on the bill of
27 information was a crime of violence as defined in R.S. 14:2(B) or a sex offense
28 as defined in R.S. 15:541, the district attorney of the parish in which the
29 conviction occurred shall have thirty days from the date of notification to object
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1 to the offender's release on administrative parole and may request that the
2 committee on parole conduct a hearing. The district attorney of the parish where
3 the conviction occurred shall be allowed to review the record of the offender since
4 incarceration, including but not limited to any educational or vocational training,
5 rehabilitative program participation, disciplinary conduct, and risk assessment score.
6 The district attorney shall be allowed to present testimony to the committee on parole
7 and submit information relevant to the proceedings, except as provided in
8 Paragraph (C)(4) of this Section.
9 * * *
10 (9)(a) To notify the victim, or the spouse or next of kin of a deceased victim,
11 when the offender is scheduled for a parole hearing. The notification shall be in
12 writing and sent no less than thirty sixty days prior to the hearing date. The notice
13 shall advise the victim, or the spouse or next of kin of a deceased victim, of their
14 rights with regard to the hearing. The notice is not required when the victim, or the
15 spouse or next of kin of a deceased victim, advises the committee in writing that such
16 notification is not desired. The victim, or the spouse or next of kin of a deceased
17 victim, shall be allowed to testify at the hearing. The victim, or the spouse or next
18 of kin of a deceased victim, shall be allowed to testify directly, or in rebuttal to
19 testimony or evidence offered by or on behalf of the offender, or both.
20 (b) To notify the victim, or the spouse or next of kin of a deceased victim
21 of those offenders eligible for release pursuant to Paragraph (C)(4) of this
22 Section. The notification shall meet all requirements set forth in Subparagraph
23 (9)(a) of this Section except that it shall give notice of the offender's
24 administrative parole eligibility date and be sent no less than ninety days prior
25 to the offender's administrative parole eligibility date. If the offender's charge
26 or amended charge on the bill of information was a crime of violence as defined
27 in R.S. 14:2(B) or a sex offense as defined in R.S. 15:541, the victim, or the
28 spouse or next of kin of a deceased victim shall have thirty days from the date
29 of notification to object to the offender's release on administrative parole and
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1 may request that the committee on parole conduct a hearing.
2 * * *
3 §574.4. Parole; eligibility
4 A.(1)(a) Unless eligible at an earlier date and except as provided for in
5 Subparagraph (b) of this Paragraph and Subsection B of this Section, a person,
6 otherwise eligible for parole, convicted of a first felony offense shall be eligible for
7 parole consideration upon serving twenty-five percent of the sentence imposed.
8 The provisions of this Subparagraph shall not apply to any person whose
9 instant offense is a crime of violence as defined in R.S. 14:2(B), a sex offense as
10 defined in R.S. 15:541, or any offense which would constitute a crime of violence
11 as defined in R.S. 14:2(B) or a sex offense as defined in R.S. 15:541, regardless
12 of the date of conviction. Notwithstanding any provisions of law to the contrary,
13 the provisions of this Subparagraph shall be applicable to persons convicted of
14 offenses or persons that have had probation or parole revoked prior to and on
15 or after, November 1, 2017. thirty-three and one-third percent of the sentence
16 imposed. Upon conviction of a second felony offense, such person shall be eligible
17 for parole consideration upon serving fifty percent of the sentence imposed. A person
18 convicted of a third or subsequent felony offense shall not be eligible for parole.
19 (b)(i) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,
20 a person, otherwise eligible for parole, convicted of a first felony offense shall be
21 eligible for parole consideration upon serving twenty-five percent of the sentence
22 imposed. The provisions of this Subparagraph shall not apply to any person who has
23 been convicted of a crime of violence as defined in R.S. 14:2(B), has been convicted
24 of a sex offense as defined in R.S. 15:541, has been sentenced as a habitual offender
25 pursuant to R.S. 15:529.1, or is otherwise ineligible for parole. A person, otherwise
26 eligible for parole, whose instant offense is a second conviction of a crime of
27 violence as defined in R.S. 14:2(B) or a first or second conviction of a sex offense
28 as defined in R.S. 15:541 shall be eligible for parole consideration upon serving
29 seventy-five percent of the sentence imposed. A person convicted a third or
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1 subsequent time of a crime of violence as defined in R.S. 14:2(B) or a third or
2 subsequent time of a sex offense as defined in R.S. 15:541 shall not be eligible
3 for parole.
4 (ii) Notwithstanding the provisions of Subparagraph (b)(i) of this
5 Paragraph, a person, otherwise eligible for parole, convicted of a crime of
6 violence as defined in R.S. 14:2(B) who does not have a prior felony conviction
7 for a crime of violence as defined in R.S. 14:2(B) or a prior felony conviction for
8 a sex offense as defined in R.S. 15:541 shall be eligible for parole consideration
9 upon serving sixty-five percent of the sentence imposed. The provisions of this
10 Item shall not apply to any person convicted of a sex offense as defined in R.S.
11 15:541.
12 (iii) The provisions of this Subparagraph shall be applicable only to
13 persons convicted of offenses or revoked on probation or parole on or after
14 November 1, 2017.
15 (ii) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, a
16 person, otherwise eligible for parole, convicted of a second felony offense shall be
17 eligible for parole consideration upon serving thirty-three and one-third percent of
18 the sentence imposed. The current offense shall not be counted as a second or
19 subsequent offense if more than ten years have lapsed between the date of the
20 commission of the current offense or offenses and the expiration of the person's
21 maximum sentence or sentences of the previous conviction or convictions, or
22 between the expiration of his maximum sentence or sentences of each preceding
23 conviction and the date of the commission of the following offense or offenses. In
24 computing the intervals of time, any period of parole, probation, or incarceration by
25 a person in a penal institution, within or without the state shall not be included in the
26 computation of any of the ten-year periods between the expiration of the person's
27 maximum sentence or sentences and the next succeeding offense or offenses. The
28 provisions of this Item shall not apply to any person who has been convicted of a
29 crime of violence as defined in R.S. 14:2(B), has been convicted of a sex offense as
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1 defined in R.S. 15:541, has been sentenced as a habitual offender pursuant to R.S.
2 15:529.1, or is otherwise ineligible for parole.
3 (iii) Any person eligible for parole pursuant to the provisions of this
4 Subparagraph shall not be eligible for parole pursuant to the provisions of
5 Subparagraph (a) of this Paragraph.
6 (iv) Nothing in this Subparagraph shall prevent a person from reapplying for
7 parole as provided by rules adopted in accordance with the Administrative Procedure
8 Act.
9 * * *
10 B.(1) No person shall be eligible for parole consideration who has been
11 convicted of armed robbery and denied parole eligibility under the provisions of R.S.
12 14:64. Except as provided in Paragraph (2) of this Subsection, and except as
13 provided in Paragraph (A)(5) and Subsections D, and E, and F of this Section, no
14 prisoner serving a life sentence shall be eligible for parole consideration until his life
15 sentence has been commuted to a fixed term of years. No prisoner sentenced as a
16 serial sexual offender shall be eligible for parole. No prisoner may be paroled while
17 there is pending against him any indictment or information for any crime suspected
18 of having been committed by him while a prisoner. Notwithstanding any other
19 provisions of law to the contrary, a person convicted of a crime of violence and not
20 otherwise ineligible for parole shall serve at least seventy sixty-five percent of the
21 sentence imposed, before being eligible for parole. The victim or victim's family
22 shall be notified whenever the offender is to be released provided that the victim or
23 victim's family has completed a Louisiana victim notice and registration form as
24 provided in R.S. 46:1841 et seq., or has otherwise provided contact information and
25 has indicated to the Department of Public Safety and Corrections, Crime Victims
26 Services Bureau, that they desire such notification.
27 * * *
28 C.(1) * * *
29 (2)(a) In Except as provided in R.S. 15:574.2(C)(4), in cases where the
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1 offender has been convicted of, or where adjudication has been deferred or withheld
2 for the perpetration or attempted perpetration of a violation of a sex offense as
3 defined in R.S. 15:541 and parole is permitted by law and the offender is otherwise
4 eligible, the committee shall consider reports, assessments, and clinical information,
5 as available, including any testing and recommendations by mental health
6 professionals, as to all of the following:
7 (i) Whether the offender has successfully completed the sex offender
8 program.
9 (ii) Whether, in the expert's opinion, there is a likelihood that the offender
10 will or will not repeat the criminal conduct and that the offender will or will not be
11 a danger to society.
12 (b) The Except as provided in R.S. 15:574.2(C)(4), the committee shall
13 render its decision ordering or denying the release of the prisoner on parole only after
14 considering this clinical evidence where such clinical evidence is available.
15 * * *
16 F. Notwithstanding any provision of law to the contrary, an offender
17 serving a life sentence for second degree murder (R.S. 14:30.1), shall be eligible
18 for parole consideration pursuant to the provisions of this Subsection if all of
19 the following conditions are met:
20 (1) The offender committed the offense after July 2, 1973, and prior to
21 June 29, 1979.
22 (2) The offender has served at least forty years of the sentence imposed.
23 (3) The committee on parole has granted parole with a unanimous vote
24 of those present.
25 §574.4.1. Parole consideration and hearings
26 A.(1) The parole hearings shall be conducted in a formal manner in
27 accordance with the rules formulated by the committee and with the provisions of
28 this Part. Before Except as provided in R.S. 15:574.2(C)(4), before the parole of
29 any prisoner is ordered, such prisoner shall appear before and be interviewed by the
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1 committee, except those incarcerated in parish prisons or parish correctional centers,
2 in which case one committee member may conduct the interview. The committee
3 may order a reconsideration of the case or a rehearing at any time.
4 * * *
5 §574.6. Parole term; automatic discharge
6 The parole term, when the committee orders a prisoner an offender released
7 on parole, shall be for the remainder of the prisoner's offender's sentence, without
8 any diminution of sentence for good behavior with credits for compliance with the
9 terms and conditions of parole supervision pursuant to Code of Criminal
10 Procedure Article 895.7. When the parolee has completed his full parole term, he
11 shall be discharged from parole by the Department of Public Safety and Corrections
12 without order by the committee, provided that:
13 (1) No warrant has been issued by the committee for the arrest of the parolee.
14 (2) No detainer has been issued by the parole officer for the detention of the
15 parolee pending revocation proceedings.
16 (3) No indictment or bill of information is pending for any felony the parolee
17 is suspected to have committed while on parole.
18 §574.7. Custody and supervision of parolees; modification or suspension of
19 supervision; violation of conditions of parole; sanctions; alternative
20 conditions; administrative sanctions
21 * * *
22 B.(1) At the time a defendant is released on parole for a crime of violence
23 as defined in R.S. 14:2(B) or a sex offense as defined in R.S. 15:541, the
24 committee on parole may make a determination as to whether a defendant is eligible
25 for the imposition of administrative sanctions as provided for in this Section. If
26 authorized to do so by the committee, each time a parolee violates a condition of
27 parole, a parole officer may use administrative sanctions to address a technical
28 violation committed by a parolee when all of the following occur:
29 * * *
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1 C. (1) Each time a parolee on parole for a crime other than a crime of
2 violence as defined in R.S. 14:2(B) or a sex offense as defined in R.S. 15:541
3 violates a condition of parole, a parole officer is authorized to use
4 administrative sanctions to address a technical violation committed by a parolee
5 when all of the following occur:
6 (a) The parolee, after receiving written notification of his right to a
7 hearing before a court and right to counsel, provides a written waiver of a
8 parole violation hearing.
9 (b) The parolee admits to the violation or affirmatively chooses not to
10 contest the violation alleged in the parole violation report.
11 (c) The parolee consents to the imposition of administrative sanctions by
12 the Department of Public Safety and Corrections.
13 (2) The department shall promulgate rules to implement the provisions
14 of this Subsection to establish the following:
15 (a) A system of structured, administrative sanctions which shall be
16 imposed for technical violations of parole and which shall take into
17 consideration the following factors:
18 (i) The severity of the violation behavior.
19 (ii) The prior violation history.
20 (iii) The severity of the underlying criminal conviction.
21 (iv) The criminal history of the parolee.
22 (v) Any special circumstances, characteristics, or resources of the
23 parolee.
24 (vi) Protection of the community.
25 (vii) Deterrence.
26 (viii) The availability of appropriate local sanctions, including but not
27 limited to jail, treatment, community service work, house arrest, electronic
28 surveillance, restitution centers, work release centers, day reporting centers, or
29 other local sanctions.
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1 (ix) Incarceration shall not be used for first or second lowest-level
2 violations, including but not limited to first positive drug test; association with
3 known felons or persons involved in criminal activity; changing residence
4 without permission; failure to initially report as required; failure to pay
5 restitution up to three months; failure to report as instructed; travel without
6 permission; and unemployment and failure to seek employment within ninety
7 days.
8 (x) Incarceration shall not be used for first or second violations of alcohol
9 use or admission, except for defendants convicted of operating a vehicle while
10 intoxicated pursuant to R.S. 14:98; defendants convicted of domestic abuse
11 battery pursuant to R.S. 14:35.3 committed by one family member, household
12 member, or dating partner against another; or defendants convicted of violation
13 of a protective order pursuant to R.S. 14:79 committed by one family member,
14 household member, or dating partner against another.
15 (b) Procedures to provide a parolee with written notice of the right to a
16 parole violation hearing to determine whether the parolee violated the
17 conditions of parole alleged in the violation report and the right to be
18 represented by counsel at state expense at that hearing if financially eligible.
19 (c) Procedures for a parolee to provide written waiver of the right to a
20 parole violation hearing, to admit to the violation or affirmatively choose not to
21 contest the violation alleged in the parole violation report, and to consent to the
22 imposition of administrative sanctions by the department.
23 (d) The level and type of sanctions that may be imposed by parole
24 officers and other supervisory personnel.
25 (e) The level and type of violation behavior that warrants a
26 recommendation to the board that parole be revoked.
27 (f) Procedures notifying the parolee and the committee on parole of a
28 violation admitted by the parolee and the administrative sanctions imposed.
29 (g) Such other policies and procedures as are necessary to implement the
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1 provisions of this Subsection and to provide adequate parole supervision.
2 (3) If the administrative sanction imposed pursuant to the provisions of
3 this Subsection is jail confinement, the confinement shall not exceed ten days
4 per violation and shall not exceed a total of sixty days per year.
5 (4) For purposes of this Subsection, "technical violation" means any
6 violation of a condition of parole, that does not include any of the following:
7 (a) A new felony conviction.
8 (b) A conviction for an intentional misdemeanor directly affecting the
9 person.
10 (c) An allegation of a subsequent criminal act that if proven would be a
11 crime of violence as defined in R.S. 14:2(B).
12 (d) An allegation of a subsequent criminal act that if proven would be a
13 sex offense as defined in R.S. 15:541.
14 (e) An allegation of domestic abuse battery pursuant to R.S. 14:35.3
15 committed by one family member, household member, or dating partner
16 against another.
17 (f) An allegation of violation of protective order pursuant to R.S. 14:79
18 committed by one family member, household member, or dating partner
19 against another.
20 D.(1) If the chief probation and parole officer, upon recommendation by a
21 parole officer, has reasonable cause to believe that a parolee has violated the
22 conditions of parole, he shall notify the committee, and shall cause the appropriate
23 parole officer to submit the parolee's record to the committee. After consideration of
24 the record submitted, and after such further investigation as it may deem necessary,
25 the committee may order:
26 (a) The issuance of a reprimand and warning to the parolee.
27 (b) That the parolee be required to conform to one or more additional
28 conditions of parole which may be imposed in accordance with R.S. 15:574.4.
29 (c) That the parolee be arrested, and upon arrest be given a prerevocation
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1 hearing within a reasonable time, at or reasonably near the place of the alleged parole
2 violation or arrest, to determine whether there is probable cause to detain the parolee
3 pending orders of the parole committee.
4 (2) Upon receiving a summary of the prerevocation proceeding, the
5 committee may order the following:
6 (a) The parolee's return to the physical custody of the Department of Public
7 Safety and Corrections, corrections services, to await a hearing to determine whether
8 his parole should be revoked.
9 (b) As an alternative to revocation, that the parolee, as a condition of parole,
10 be committed to a community rehabilitation center or a substance abuse treatment
11 program operated by, or under contract with, the department, for a period of time not
12 to exceed six months, without benefit of good time, provided that such commitment
13 does not extend the period of parole beyond the full parole term. Upon written
14 request of the department that the offender be removed for violations of the rules or
15 regulations of the community rehabilitation center or substance abuse program, the
16 committee shall order that the parole be revoked, with credit for time served in the
17 community rehabilitation center.
18 * * *
19 §574.9. Revocation of parole for violation of condition; committee panels; return to
20 custody hearing; duration of reimprisonment and reparole after
21 revocation; credit for time served; revocation for a technical violation
22 * * *
23 D. When a detainer is issued by the parole officer for an allegation of the
24 commission of another crime, it is enforceable until bond is set by the judge for
25 the new crime. When the bond is set, the detainer shall expire and the parolee
26 may be released upon posting of the bond.
27 DE. Parole revocation shall require two votes of a three-member panel of
28 parole committee members or, if the number of members present exceeds a three-
29 member panel, a majority vote of those members present and voting, and the order
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1 of revocation shall be reduced to writing and preserved.
2 EF. When the parole of a parolee has been revoked by the committee for
3 violation of the conditions of parole, the parolee shall be returned to the physical
4 custody of the Department of Public Safety and Corrections, corrections services,
5 and serve the remainder of his sentence as of the date of his release on parole, and
6 any credit for time served for good behavior while on parole. The parolee shall be
7 given credit for time served prior to the revocation hearing for time served in actual
8 custody while being held for a parole violation in a local detention facility, state
9 institution, or out-of-state institution pursuant to Code of Criminal Procedure Article
10 880.
11 FG. Any such prisoner whose parole has been revoked may be considered by
12 the committee for reparole in accordance with the provisions of this Part.
13 GH.(1)(a)(i) Except as provided in Subparagraph (b) of this Paragraph, any
14 Any offender who has been released on parole and whose parole supervision is being
15 revoked pursuant to the provisions of this Subsection for a technical violation of the
16 conditions of parole as determined by the committee on parole, shall be required to
17 serve the following sentences:
18 (aa)(i) For the first technical violation, the offender shall serve not more than
19 ninety fifteen days.
20 (bb)(ii) For a second technical violation, the offender shall serve not more
21 than one hundred twenty thirty days.
22 (cc)(iii) For a third or subsequent technical violation, the offender shall serve
23 not more than one hundred eighty forty-five days.
24 (ii)(b) The sentences imposed pursuant to Item (i) of this Subparagraph (a)
25 of this Paragraph shall be served without diminution of sentence or credit for time
26 served prior to the revocation for a technical violation. The term of the revocation
27 for the technical violation shall begin on the date the committee on parole orders the
28 revocation. Upon completion of the imposed technical revocation sentence, the
29 offender shall return to active parole supervision for the remainder of the original
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1 term of supervision.
2 (c) If the offender completes ninety days of committee-recommended
3 substance abuse treatment, he shall receive ninety days of credit toward his
4 term of parole.
5 (d) The offender shall be given credit toward service of his sentence for
6 time spent in actual custody prior to the revocation hearing while being held for
7 a technical violation in a local detention facility, state institution, or out-of-state
8 institution.
9 (b)(e) The provisions of Subparagraph (a) of this Paragraph shall not apply
10 to the following offenders:
11 (i) Any offender released on parole for the conviction of a crime of violence
12 as defined in R.S. 14:2(B).
13 (ii) Any offender released on parole for the conviction of a sex offense as
14 defined in R.S. 15:541.
15 (iii) Any offender released on parole who is subject to the sex offender
16 registration and notification requirements of R.S. 15:541 et seq.
17 (2) A "technical violation", as used in this Subsection, means any violation
18 except a new felony conviction. it shall not include any of the following:
19 (a) Being arrested, charged, or convicted of any of the following:
20 (i) A felony.
21 (ii) Repealed by Acts 2010, No. 510, §1, eff. Aug. 15, 2010.
22 (iii) Any intentional misdemeanor directly affecting the person.
23 (iv) At the discretion of the committee on parole, any attempt to commit any
24 intentional misdemeanor directly affecting the person.
25 (v) At the discretion of the committee on parole, any attempt to commit any
26 other misdemeanor.
27 (b) Being in possession of a firearm or other prohibited weapon.
28 (c) Failing to appear at any court hearing.
29 (d) Absconding from the jurisdiction of the committee on parole.
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1 * * *
2 §574.20. Medical parole program; eligibility; revocation
3 A.(1) Notwithstanding the provisions of this Part or any other law to the
4 contrary, any person sentenced to the custody of the Department of Public Safety and
5 Corrections may, upon referral by the department, be considered for medical parole
6 by the committee on parole. Medical parole consideration shall be in addition to any
7 other parole for which an inmate may be eligible, but shall not be available to any
8 inmate who is awaiting execution Notwithstanding the provisions of this Part or
9 any other law to the contrary, any offender sentenced to the custody of the
10 Department of Public Safety and Corrections may, upon referral by the
11 department, be considered for medical parole or medical treatment furlough by
12 the committee on parole. Consideration for parole or furlough under this
13 Section shall be in addition to any other parole for which an offender may be
14 eligible.
15 (2) Medical parole shall not be available to any inmate serving time for the
16 violation of R.S. 14:30, first degree murder; or R.S. 14:30.1, second degree murder.
17 B. Medical Parole
18 (1) The committee on parole shall establish the medical parole program to be
19 administered by the Department of Public Safety and Corrections. An inmate
20 offender eligible for consideration for release under the program shall be any person
21 offender who, because of an existing medical or physical condition, is determined
22 by the department to be within one of the following designations:
23 (1)(a) "Permanently disabled inmate offender" means any person offender
24 who is unable to engage in any substantial gainful activity by reason of any
25 medically determinable physical impairment which can be expected to result in death
26 or which is or can be expected to be permanently irreversible.
27 (2)(b) "Terminally ill inmate offender" means any inmate offender who,
28 because of an existing medical condition, is irreversibly terminally ill. For the
29 purposes of this Section, "terminally ill" is defined as having a life expectancy of less
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1 than one year due to an underlying medical condition.
2 (2) Medical parole shall not be available to any offender serving a
3 sentence for a conviction of first degree murder (R.S. 14:30) or second degree
4 murder (R.S. 14:30.1) or awaiting execution.
5 C. Medical Treatment Furlough
6 (1) The committee on parole shall establish the medical treatment
7 furlough program to be administered by the department for the purpose of
8 utilizing off-site medical facilities for an eligible offender's medical treatment.
9 Medical treatment furlough shall not be available to any offender who is
10 awaiting execution.
11 (2)(a) An offender eligible for consideration for release under the
12 medical treatment furlough program shall be any offender who is ineligible for
13 release on medical parole pursuant to Subsection B of this Section and is
14 determined by the department to be to a limited mobility offender.
15 (b) For the purposes of this Section, "limited mobility offender" means
16 any offender who is unable to perform activities of daily living without help or
17 is confined to a bed or chair, including but not limited to prolonged coma and
18 medical ventilation.
19 (3) Notwithstanding any provision of law to the contrary, the committee
20 on parole may authorize the release of an eligible offender on medical treatment
21 furlough when all of the following conditions are met:
22 (a) Placement in an acute care hospital, nursing home, or other
23 appropriate medical facility able to meet the offender's medical and treatment
24 needs is secured.
25 (b) All monitoring, security, and supervision requirements that the
26 committee deems necessary are secured by the division of probation and parole.
27 (c) The committee determines that the offender does not present a
28 substantial flight risk.
29 D. No inmate offender shall be recommended for medical parole or medical
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1 treatment furlough pursuant to this Section by the department until full
2 consideration has been given to the inmate's offender's crime and criminal history,
3 length of time served in custody, institutional conduct, an indication that the inmate
4 offender represents a low risk to himself or society, and a medical assessment of the
5 inmate's offender's condition. In the assessment of risk, emphasis shall be given to
6 the inmate's offender's medical condition and how this relates to his overall risk to
7 society.
8 DE. The authority to grant medical parole or medical treatment furlough
9 pursuant to this Section shall rest solely with the committee on parole, and the
10 committee shall establish additional conditions of the parole or medical treatment
11 furlough in accordance with the provisions of this Subpart. The Department of
12 Public Safety and Corrections shall identify those inmates offenders who may be
13 eligible for medical parole or medical treatment furlough based upon available
14 medical information. In considering an inmate offender for medical parole or
15 medical treatment furlough, the committee may require that additional medical
16 evidence be produced or that additional medical examinations be conducted. The
17 committee on parole shall determine the risk to public safety and shall grant medical
18 parole or medical treatment furlough only after determining that the inmate
19 offender does not pose a threat to public safety.
20 EF. The parole term of an inmate offender released on medical parole or
21 medical treatment furlough shall be for the remainder of the inmate's offender's
22 sentence, without diminution of sentence for good behavior. Supervision of the
23 parolee offender shall consist of periodic medical evaluations at intervals to be
24 determined by the committee at the time of release.
25 FG. If it is discovered through the supervision of the medical parolee or
26 medical treatment furloughee that his condition has improved such that he would
27 not then be eligible for medical parole or medical treatment furlough under the
28 provisions of this Subpart, the committee may order that the person offender be
29 returned to the custody of the Department of Public Safety and Corrections to await
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1 a hearing to determine whether his parole or medical treatment furlough shall be
2 revoked. Any person offender whose medical parole or medical treatment
3 furlough is revoked due to an improvement in his condition shall resume serving the
4 balance of his sentence with credit given for the duration of the medical parole or
5 medical treatment furlough. If the person's offender's medical parole or medical
6 treatment furlough is revoked due to an improvement in his condition, and he
7 would be otherwise eligible for parole, he may then be considered for parole under
8 the provisions of R.S. 15:574.4. Medical parole and medical treatment furlough
9 may also be revoked for violation of any condition of the parole as established by the
10 committee on parole.
11 GH. The committee on parole shall promulgate such rules as are necessary
12 to effectuate this Subpart, including rules relative to the conduct of medical parole
13 and medical treatment furlough hearings, and the conditions of medical parole and
14 medical treatment furlough release.
15 * * *
16 §827. Duties of Department of Public Safety and Corrections
17 A. In addition to other duties imposed upon the department it shall be the
18 duty of the department to:
19 * * *
20 (7) Establish a procedure that provides for each offender who is
21 sentenced to one hundred eighty days or more in the custody of the Department
22 of Public Safety and Corrections, a written case plan that is based on the results
23 of an assessment of the offender's risk and needs and includes participation in
24 programming that addresses the needs identified in that assessment. For
25 offenders eligible for administrative parole pursuant to R.S. 15:574.2(C)(4), the
26 department shall notify the committee in writing of an offender's compliance
27 or noncompliance with the case plan not less than sixty days before an
28 offender's administrative parole release date. The provisions of this Paragraph
29 shall be implemented to the extent that funds are appropriated for this purpose
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1 and to the extent that it is consistent with the available resources.
2 * * *
3 §828. Classification and treatment programs; qualified sex offender programs;
4 reports; earned credits
5 * * *
6 B. The secretary shall adopt rules and regulations for local jail facilities and
7 state correctional institutions to encourage voluntary participation by inmates
8 offenders in certified treatment and rehabilitation programs, including but not
9 limited to basic education, job skills training, values development and faith-based
10 initiatives, therapeutic programs, and treatment programs. When funds are provided,
11 such educational programs shall be available at each penal or correctional institution
12 under the jurisdiction of the department. The rules and regulations may include
13 provisions for furloughs or the awarding of earned credits toward the reduction of
14 the projected good time parole supervision date. Offenders may be awarded up to
15 ninety days toward the reduction of the projected good time parole supervision date
16 for satisfactory participation in each approved program pursuant to the provisions of
17 this Subsection, but no offender shall receive more than three hundred sixty days
18 total earned credits toward the reduction of the projected good time parole
19 supervision date for program participation.
20 C. Notwithstanding any other provision of law to the contrary, any offender
21 in the custody of the Department of Public Safety and Corrections who has been
22 sentenced as an habitual offender pursuant to the provisions of R.S. 15:529.1 may
23 earn additional good time for participation in certified treatment and rehabilitation
24 programs as provided for in Subsection B of this Section, unless the offender was
25 convicted of a sex offense as defined by R.S. 15:541 or a crime of violence as
26 defined by R.S. 14:2(B). offender's instant offense is one of the following:
27 (1) A sex offense as defined in R.S. 15:541.
28 (2) A crime of violence as defined in R.S. 14:2(B) and the offender has
29 two or more prior convictions of a crime of violence as defined in R.S. 14:2(B)
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1 or a sex offense as defined in R.S. 15:541.
2 D. Offenders who are otherwise eligible under this Section who are
3 participating in the workforce development work release program pursuant to
4 R.S. 15:1199.9, shall be eligible to earn an additional one hundred eighty days
5 of credit towards the reduction of the projected good time parole supervision
6 date.
7 Section 4. Code of Criminal Procedure Article 900(A)(7) is hereby repealed in its
8 entirety.
9 Section 5. This Act shall become effective on November 1, 2017; if vetoed by the
10 governor and subsequently approved by the legislature, this Act shall become effective on
11 November 1, 2017, or on the day following such approval by the legislature, whichever is
12 later.
The original instrument and the following digest, which does not constitute
a part of the legislative instrument, was prepared by Ashley E. Menou.
DIGEST
SB 139 Reengrossed 2017 Regular Session Martiny
Present law authorizes the suspension of a sentence for offenders convicted a first or second
time of noncapital felonies when the conviction is not for a crime of violence or a second
conviction of computer fraud, pornography involving juveniles, or molestation of a juvenile
or a person with a physical or mental disability.
Proposed law retains present law and adds eligibility for offenders convicted a third time of
a noncapital felony and offenders convicted a first time for an offense with a maximum
prison sentence of 10 years or less that was not committed against a family member,
household member, or dating partner.
Present law provides that when an offender's sentence is suspended, he is to be placed on
probation for not less than one year and not more than five years.
Proposed law decreases the period of probation for a suspended sentence of a first, second,
or third noncapital and for a second or third conviction of computer fraud to not more than
three years and removes mandatory minimum.
Proposed law provides that the period of probation for a first conviction of a crime of
violence with a maximum prison sentence of ten years or less if the crime was not domestic
violence related and for a second or third conviction of pornography involving juveniles and
molestation of a juvenile or person with a physical or mental disability is not more than five
years.
Proposed law retains present law and allows for suspension of a sentence for a fourth
conviction of operating a vehicle while intoxicated if the offender was not offered such
alternatives prior to his fourth conviction, the district attorney consents, and the court orders
the offender to do any of the following:
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(1)Enter and complete a program provided by the drug division court of the district
court.
(2)Enter and complete an established driving while intoxicated court or sobriety court
program.
(3)Reside for at least one year in a facility which conforms to the Judicial Agency
Referral Residential Facility Regulatory Act.
(4)Enter and complete the Swift and Certain Probation Pilot Program.
Present law allows the period of probation for any offender to be extended to no more than
eight years if the court deems it necessary to ensure completion of a drug court program, a
sobriety court program, or the Swift and Certain Probation Pilot Program.
Proposed law removes the ability of the court to extend the duration of the probation period
of cases assigned to such programs if it is the offender's first or second conviction.
Proposed law allows the probation period for an offender ordered to complete a drug court
program, a sobriety court program, or the Swift and Certain Probation Pilot Program to be
extended to no more than eight years only if it is the offender's third conviction or fourth
felony conviction.
Proposed law provides that every offender on felony probation for an offense other than a
crime of violence or sex offense is to earn discharge credits for compliance with the terms
of his probation at a rate of 30 days per full calendar month of compliance, beginning after
the first full month of compliance. Proposed law further provides that, notwithstanding any
other provision of present law or proposed law to the contrary, discharge credits may not be
earned in conjunction with any other credits received toward a defendant's term of probation,
and if a defendant receives credit toward his term of probation for any other reason, he
cannot receive discharge credits for that period of time.
Proposed law provides that if the chief probation and parole officer has reasonable cause to
believe an offender on felony probation has not been compliant, he must notify the
sentencing judge within five business days of learning of the incident of noncompliance and,
unless a judge rules otherwise, 30 days of credits will be rescinded from the offender.
Proposed law provides that credits may only be rescinded from a defendant for
noncompliance.
Proposed law provides that DPSC is to develop policies and procedures for the
implementation of discharge credits for probation offenders and is to collect data on the
discharge credits including the names of offenders that earned credits, how many credits are
applied to each offender, and reductions to supervision periods at the time of discharge.
Proposed law requires DPSC to notify each offender every six months from the date the
offender is placed on probation of the offender's current discharge date and the offender's
overall sentence.
Proposed law requires DPSC to notify the court no less than 60 days prior to the expected
discharge date and allows DPSC to request that the court terminate the probation supervision
prior to the discharge date.
Proposed law provides that the court shall order the termination of the probation when a
defendant's total probation is satisfied through a combination of time served and earned
discharge credits.
Proposed law defines "calendar month of compliance" as any one of the 12 periods of time
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into which the calendar year is divided in which no violation report submitted by an
offender's probation officer, no administrative sanctions are issued by an offender's
probation officer, and the offender does not abscond from supervision.
Proposed law provides that an offender can abscond from supervision by failing to report
within five business days after release from custody, failing to report for a scheduled
meeting with a probation officer, failing to make contact with a probation officer within 30
days of a missed meeting, or serving a term of imprisonment for a violation of a condition
of probation.
Proposed law provides that every offender on parole for an offense other than a crime of
violence or sex offense is to earn discharge credits for compliance with the terms of his
parole at a rate of 30 days per full calendar month of compliance beginning after the first full
month of compliance. Proposed law further provides that, notwithstanding any other
provision of present law or proposed law to the contrary, discharge credits may not be earned
in conjunction with any other credits received toward a defendant's term of probation, and
if a defendant receives credit toward his term of probation for any other reason, he cannot
receive discharge credits for that period of time.
Proposed law provides that if the chief probation and parole officer has reasonable cause to
believe an offender on parole has not been compliant, he must notify the committee on
parole within five business days of learning of the incident of noncompliance and, unless the
committee rules otherwise, 30 days of credits will be rescinded from the offender.
Proposed law provides that credits may only be rescinded from an offender for
noncompliance.
Proposed law provides that DPSC is to develop policies and procedures for the
implementation of discharge credits for parole offenders and is to collect data on the
discharge credits including the names of offenders that earned credits, how many credits are
applied to each offender, and reductions to supervision periods at the time of discharge.
Proposed law requires DPSC to notify each offender within six months from the date the
offender is released on parole, of the offender's current discharge date, and the offender's
overall sentence.
Proposed law requires DPSC to notify the committee on parole no less than 60 days prior
to the expected discharge date and allows DPSC to request that the committee terminate
parole supervision prior to the discharge date.
Proposed law provides that DPSC is to discharge the offender, without order by the
committee on parole, when the offender's total sentence is satisfied through a combination
of time served and earned discharge credits.
Proposed law defines "calendar month of compliance" as any one of the 12 periods of time
into which the calendar year is divided in which no violation report submitted by an
offender's probation officer, no administrative sanctions are issued by an offender's
probation officer, and the offender does not abscond from supervision.
Proposed law provides that an offender can abscond from supervision by failing to report
within five business days after release from custody, failing to report for a scheduled
meeting with a parole officer, failing to make contact with a parole officer within 30 days
of a missed meeting, or serving a term of imprisonment for a violation of a condition of
parole.
Present law provides that at the time of sentencing, the court may make a determination as
to whether an offender is eligible for the imposition of administrative sanctions.
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Proposed law retains present law for offenders convicted of a crime of violence or sex
offense.
Proposed law provides that only for offenders on probation for crimes other than crimes of
violence and sex offenses, the probation agency is authorized to use administrative sanctions
to address technical violations of probation without a court determination.
Present law provides that DPSC is to promulgate rules to implement the provisions of
administrative sanctions for technical violations.
Proposed law retains present law and adds that DPSC is to promulgate rules to implement
the provisions of administrative sanctions with the following additional considerations only
for offenders convicted of offenses other than a crime of violence or a sex offense:
(1)Incarceration not to be used for first or second lowest-level violations.
(2)Incarceration not to be used for first or second violations of alcohol use or admission,
except for offenders convicted of operating a vehicle while intoxicated or certain
convictions of domestic abuse battery or violation of a protective order.
Present law defines "technical violation", as it pertains to administrative sanctions for
technical violations of probation, as any violation of a condition of probation, except for an
allegation of a subsequent criminal act unless the allegation is a violation of possession of
marijuana or tetrahydrocannabinol or chemical derivatives thereof.
Proposed law retains present law for offenders convicted of a crime of violence or sex
offense.
Proposed law defines "technical violation", as it pertains to administrative sanctions for
technical violations of probation for offenders convicted of a crime other than a crime of
violence or sex offense, as any violation of a condition of probation, except:
(1)A new felony conviction.
(2)A conviction for an intentional misdemeanor directly affecting the person.
(3)An allegation of a subsequent criminal act that if proven would be a crime of
violence.
(4)An allegation of a subsequent criminal act that if proven would be a sex offense.
(5)An allegation of domestic abuse battery that if proven would be a violation
committed by one family member, household member, or dating partner against
another.
(6)An allegation of violation of a protective order that if proven would be a violation
committed by one family member, household member, or dating partner against
another.
Present law provides that after an arrest for violation of probation, the court is to conduct a
hearing within 30 days to determine if an offender violated or was about to violate his
probation and may impose sanctions.
Present law provides that the court may revoke an offender's probation. In the event of
revocation, the offender must serve the sentence suspended, with or without credit for the
time served on probation at the discretion of the court.
Proposed law retains present law for offenders convicted of a crime of violence or a sex
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offense.
Proposed law provides that if an offender convicted of a crime of violence or a sex offense
has his probation revoked, the offender shall serve the sentence suspended with credit for
time served on probation.
Present law provides that an offender who has been placed on probation for a conviction
other than a crime of violence or sex offense and who has had his probation revoked for his
first technical violation is required to serve a sentence of not more than 90 days without
diminution of sentence.
Proposed law deletes present law and decreases the sentences that offenders on probation
for a conviction of an offense other than a crime of violence or a sex offense who have their
probation revoked for a technical violation must serve, without diminution of sentence, to
the following terms:
(1)For the first technical violation, not more than 15 days.
(2)For the second technical violation, not more than 30 days.
(3)For the third technical violation, not more than 45 days.
Present law provides that, only for the first revocation for a technical violation, the offender
is to be given credit for time served prior to the revocation hearing for time served in actual
custody while being held for a technical violation.
Present law provides that the term of the revocation is to begin on the date the court orders
the revocation and upon completion of the imposed sentence for the technical revocation,
the offender must return to probation for a period equal to the remainder of the original
period of probation, subject to any additional conditions imposed by the court.
Proposed law removes the applicability of present law only to an offender's first revocation
for a technical violation and otherwise retains present law.
Proposed law provides that if an offender completes 90 days of court-recommended
substance abuse treatment, he will receive 90 days credit toward his term of probation.
Present law defines "technical violation", as it pertains to a defendant who has been placed
on probation for any offense other than a crime of violence or sex offense and who has had
his probation revoked for his first technical violation, as any violation except the following:
(1)Being arrested, charged, or convicted of any of the following:
(a)A felony.
(b)A violation of certain provisions of present law (Title 40 of the Louisiana
Revised Statutes of 1950), except for misdemeanor possession of marijuana
or tetrahydrocannabinol, or chemical derivatives thereof, which is considered
a "technical violation".
(c)Any intentional misdemeanor directly affecting the person.
(d)At the discretion of the court, any attempt to commit any intentional
misdemeanor directly affecting the person.
(e)At the discretion of the court, any attempt to commit any other misdemeanor.
(2)Being in possession of a firearm or other prohibited weapon.
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(3)Failing to appear at any court hearing.
(4)Absconding from the jurisdiction of the court.
(5)Failing to satisfactorily complete a drug court program if ordered to do so as a
special condition of probation.
(6)At the discretion of the court, failing to report to the probation officer for more than
120 consecutive days.
Proposed law defines "technical violation", as it pertains to a defendant who has been placed
on probation for any offense other than a crime of violence or sex offense and who has had
his probation revoked for his first technical violation, as any violation except a felony
conviction.
Present law allows the court to extend the period of probation as a sanction for violation of
probation.
Proposed law deletes present law.
Present law provides that in order to be eligible for the substance abuse probation program
within DPSC, an offender cannot be convicted of a crime of violence or sex offense, cannot
have participated in or declined to participate in a drug division probation program, and must
be charged with felony possession of a controlled dangerous substance, possession with
intent to distribute a controlled dangerous substance where the offense involves less than 28
grams, possession with intent to distribute marijuana or synthetic cannabinoids where the
offense involves less than one pound.
Proposed law provides that to be eligible for the substance abuse program within DPSC an
offender must be charged with a violation of a statute relating to the use and possession of
or possession with intent to distribute any narcotic drugs, coco leaves, marijuana, stimulants,
depressants, or hallucinogenic drugs or where there is a significant relationship between the
use of alcohol or drugs and the crime before the court.
Proposed law provides that an offender convicted a first time for an offense with a maximum
prison sentence of 10 years or less that was not committed against a family member,
household member, or dating partner is eligible to participate in the substance abuse
probation program within DPSC.
Proposed law otherwise retains present law.
Present law provides that each district court may designate as a drug division one or more
divisions to which alcohol or drug related offenses are assigned and may establish a
probation program.
Present law provides that in order to be eligible for the drug division probation program, an
offender must satisfy certain criteria, including that the crime before the court cannot be a
crime of violence or an offense of domestic abuse battery which is punishable at hard labor
and that no other criminal proceedings alleging commission of a crime of violence are
pending against the offender.
Proposed law retains present law and adds that offenders may be eligible for the drug
division probation program if the crime before the court is a first conviction of an offense
with a maximum prison sentence of 10 years or less that was not committed against a family
member, household member, or dating partner.
Present law provides that every offender in a parish prison convicted of an offense and
sentenced to imprisonment without hard labor, except those convicted a second time of a
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crime of violence, may earn a diminution of sentence to be known as "good time". Good
time is to be earned at the rate of three days for every 17 days in actual custody.
Proposed law retains present law.
Present law provides that every offender in the custody of DPSC who has been convicted
of a felony, except those convicted a second time of a crime of violence, and sentenced to
imprisonment for a stated number of years or months, may earn good time diminution of
sentence at the rate of 1.5 days for every one day in actual custody.
Proposed law retains present law and changes the rates at which offenders convicted of a
felony, except those convicted a second time of a crime of violence, may earn good time at
a rate of 13 days for every seven days served.
Present law provides that only offenders convicted on or after 1/1/1992 who are not serving
a sentence for a sex offense, crime of violence, or any offense which would constitute a sex
offense or crime of violence are eligible to receive good time diminution of sentence.
Proposed law retains present law and provides that offenders convicted of offenses or
revoked on probation or parole on or after 1/1/1992 who are not serving a sentence for a sex
offense, crime of violence, or any offense which would constitute a sex offense or crime of
violence are eligible to receive good time diminution of sentence.
Present law provides that an offender convicted a first time of a crime of violence is to earn
good time at a rate of three days for every 17 served in actual custody.
Proposed law provides that an offender convicted of a crime of violence without a prior
conviction of a crime of violence or a prior conviction of a sex offense is to earn good time
at a rate of one day for every three in actual custody. Proposed law further provides that this
provision applies only to offenders convicted of offenses or revoked on probation or parole
on or after 11/1/2017. Proposed law further provides that this provision does not apply to an
offender if his instant conviction is for a crime of violence that is a crime of violence and a
sex offense.
Present law provides that good time is not allowed an offender if the instant offense is a
second offense crime of violence.
Proposed law deletes present law and allows good time for an offender if the instant offense
is a crime of violence unless the offender has two or more prior convictions for a crime of
violence or a sex offense.
Proposed law provides that good time is not allowed to an offender if the instant offense is
a sex offense.
Present law provides that there is a committee on parole which is to enforce the rules,
regulations, and orders of parole.
Present law requires the parole committee to meet in a minimum of three person panels and
requires a unanimous vote for parole to be granted. Present law provides that the committee
may grant parole with two votes of a three member panel, or a majority vote if the number
exceeds a three member panel, if certain conditions are met.
Proposed law retains present law.
Proposed law creates administrative parole for offenders who are eligible for parole, except
offenders convicted of a crime of violence, offenders convicted of a sex offense, and
offenders sentenced under the Habitual Offender Law.
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Proposed law provides that an offender is to be released on administrative parole, without
a hearing before the committee, if all the following conditions are met:
(1)Beginning January 1, 2021, the offender has completed a case plan.
(2)The offender's charge or amended charge on the bill of information was a crime of
violence or a sex offense and the neither the district attorney nor the victim requested
a hearing of the committee on parole.
(3)The offender has not committed any major disciplinary offenses in the 12
consecutive months prior to the administrative parole eligibility date. A major
disciplinary offense is an offense identified as a Schedule B offense by the DPSC in
the Disciplinary Rules and Procedures for Adult Offenders.
(4)The offender has agreed to the conditions of supervision.
(5)For any offender convicted of a sex offense the committee and the offender have
completed the requirements of parole for sex offenders.
Proposed law provides that if the offender has met all the conditions for administrative
parole except the completion of a case plan, he cannot be prohibited from release on
administrative parole if the case plan was not created for him or the case plan is incomplete
through no fault of the offender.
Present law provides that the committee is to notify, in writing, the district attorney of the
parish where the conviction occurred at least 30 days prior to a hearing.
Proposed law retains present law and adds that for offenders eligible for release on
administrative parole the committee is to notify, in writing, the district attorney of the parish
where the conviction occurred at least 90 days prior to the offender's administrative parole
eligibility date.
Proposed law further provides that the district attorney of the parish in which the conviction
occurred can object within 30 days of receipt of notification to the release of a defender on
administrative parole and request a hearing of the committee on parole if the offender's
charge or amended charge was a crime of violence or sex offense.
Present law provides that the committee is to notify, in writing, the victim or spouse or next
of kin of a deceased victim no less than 30 days prior to an offender's scheduled hearing date
and advise the victim of their rights with regard to the hearing.
Proposed law retains present law and adds that for offenders eligible for release on
administrative parole the committee is to notify, in writing, the victim or spouse or next of
kin of a deceased victim no less than 60 days prior to the offender's administrative parole
eligibility date.
Proposed law further provides that the victim, or the spouse or next of kin of a deceased
victim can object within 30 days of receipt of notification to the release of a defender on
administrative parole and request a hearing of the committee on parole if the offender's
charge or amended charge was a crime of violence or sex offense.
Present law provides that an offender convicted of a first felony offense is eligible for parole
upon serving 33 1/3% of the sentence imposed, an offender convicted of a second felony
offense is eligible upon serving 50% of the sentence imposed, and an offender convicted of
a third or subsequent felony offense is not eligible for parole.
Present law further provides that an offender convicted of a first felony offense is eligible
for parole upon serving 25% of the sentence imposed if the conviction is not for a crime of
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violence, a sex offense, or the offender was sentenced as a habitual offender.
Proposed law deletes present law and provides that an offender is eligible for parole upon
serving 25% of the sentence imposed if the instant conviction is not for a crime of violence,
sex offense, or any offense which would constitute a crime of violence or sex offense,
regardless of the date of conviction. Proposed law further provides that applicability of these
provisions is both retroactive and prospective.
Proposed law provides that an offender whose instant offense is a second conviction of a
crime of violence or a first or second conviction of a sex offense is eligible for parole upon
serving 75% of the sentence imposed. Proposed law further provides that this provision
applies to offenders convicted or revoked of probation or parole on or after 11/1/17.
Proposed law provides that an offender convicted a third or subsequent time of a crime of
violence or third or subsequent time of a sex offense is not eligible for parole. Proposed law
further provides that this applies to offenders convicted or revoked of probation or parole
on or after 11/1/17.
Proposed law provides that an offender convicted of a crime of violence who does not have
a prior felony conviction for a crime of violence or sex offense is eligible for parole
consideration upon serving 65% of the sentence imposed. Proposed law further provides that
this applies to offenders convicted or revoked of probation or parole on or after 11/1/17.
Present law provides that an offender sentenced for a term or terms with or without benefit
of parole for 30 years or more is eligible for parole upon serving at least 20 years of the term
in actual custody and upon reaching the age of 45 except when:
(1)The offender is serving a life sentence that has not been commuted to a fixed term
of years.
(2)The offender has been convicted of armed robbery.
(3)The offender has been convicted of a crime of violence.
(4)The offender has been convicted of a sex offense.
Present law provides that, except in certain instances, an offender serving a life sentence is
not eligible for parole until his life sentence has been commuted to a fixed term of years.
Proposed law decreases the time an offender convicted of a crime of violence must serve
before being eligible for parole from at least 75% to at least 65% of the sentence imposed.
Proposed law provides that an offender serving a life sentence for second degree murder
shall be eligible for parole consideration if the offense was committed after 7/2/73 and prior
to 6/29/79, the offender has served at least 40 years of the sentence, and the committee on
parole grants parole by unanimous vote.
Present law provides that before the parole of any offender is ordered, the offender must
appear before and be interviewed by the committee.
Proposed law provides that offenders eligible for administrative parole are not required to
appear before and be interviewed by the committee prior to release on administrative parole.
Present law provides that the parole term, when the committee orders an offender released
on parole, is to be for the remainder of offender's sentence without diminution of sentence
for good behavior.
Proposed law provides that the parole term, when the committee orders an offender released
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on parole, is to be for the remainder of the offender's sentence with earned discharge credits
for compliance.
Present law provides that when an offender is released on parole, the committee may make
a determination as to whether an offender is eligible for the imposition of administrative
sanctions to be used to address technical violations.
Proposed law retains present law for offenders convicted of a crime of violence or sex
offense.
Proposed law provides that each time an offender on parole for a crime other than a crime
of violence or a sex offense violates a condition of parole, a parole officer is authorized to
use administrative sanctions without a prior determination by the committee, if certain
conditions exist.
Present law provides that DPSC is to promulgate rules to implement a system of structured,
administrative sanctions for technical violations of parole that take into consideration the
following:
(1)The severity of the violation behavior.
(2)The prior violation history.
(3)The severity of the underlying criminal conviction.
(4)The criminal history of the parolee.
(5)Any special circumstances, characteristics, or resources of the parolee.
(6)Protection of the community.
(7)Deterrence.
(8)The availability of appropriate local sanctions.
Proposed law retains present law for offenders convicted of a crime of violence or a sex
offense. Proposed law, for offenders convicted of a crime other than a crime of violence or
a sex offense, adds the following parameters for DPSC when promulgating rules to
implement a system of structured administrative sanctions for technical violations of parole:
(1)Incarceration must not be used for the first or second lowest-level violations.
(2)Incarceration must not be used for first or second violations of alcohol use or
admission, except for defendants convicted of operating a vehicle while intoxicated;
convicted of domestic abuse battery committed by one family member, household
member, or dating partner against another; or convicted of violation of protective
order committed by one family member, household member, or dating partner
against another.
Present law defines "technical violation", as it pertains to the use of administrative sanctions
to address a technical violation of parole, as any violation except the following:
(1)Being arrested, charged, or convicted of any of the following:
(a)A felony.
(b)Any intentional misdemeanor directly affecting the person.
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(c)At the discretion of the court, any attempt to commit any intentional
misdemeanor directly affecting the person.
(d)At the discretion of the committee on parole, any attempt to commit any
other misdemeanor.
(2)Being in possession of a firearm or other prohibited weapon.
(3)Failing to appear at any court hearing.
(4)Absconding from the jurisdiction of the committee on parole.
Proposed law retains present law for offenders convicted of a crime of violence or a sex
offense.
Proposed law defines "technical violation", as it pertains to the use of administrative
sanctions to address a technical violation of parole for offenders convicted of a crime other
than a crime of violence or a sex offense, as any violation of a condition of parole except the
following:
(1)A new felony conviction.
(2)A conviction for an intentional misdemeanor directly affecting the person.
(3)An allegation of a subsequent criminal act that if proven would be a crime of
violence.
(4)An allegation of a subsequent criminal act that if proven would be a sex offense.
(5)An allegation of domestic abuse battery committed by one family member,
household member, or dating partner against another.
(6)An allegation of violation of protective order committed by one family member,
household member, or dating partner against another.
Present law provides that when a detainer is issued by a parole officer, the running of the
period of parole ceased as of the time the detainer is issued.
Proposed law retains present law and provides that when a detainer is issued by the parole
officer for an allegation of the commission of another crime, it is enforceable until bond is
set by the judge for the new crime. Proposed law further provides that when the bond is set,
the detainer expires and the parolee may be released upon the posting of the bond.
Present law provides that any offender who has been released on parole and whose parole
supervision is being revoked for a technical violation is required to serve a sentence without
diminution of sentence or credit for time served prior to the technical violation.
Proposed law retains present law for offenders convicted of a crime of violence or a sex
offense.
Proposed law decreases the length of sentence any offender who has been released on parole
and whose parole supervision is being revoked for a technical violation is required to serve
without diminution of sentence as follows:
(1)For the first technical violation, from not more than 90 days to not more than 15
days.
(2)For a second technical violation, from not more than 120 days to not more than 30
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days.
(3)For a third or subsequent technical violation, from not more than 180 days to not
more than 45 days.
Proposed law provides that if an offender that completes 90 days of
committee-recommended substance abuse treatment, he will receive 90 days of credit
towards his term of parole.
Proposed law provides that an offender is to be given credit toward service of his sentence
for time spent in actual custody prior to the revocation hearing while being held for a
technical violation in a local detention facility, state institution, or out-of-state institution.
Proposed law provides for applicability only to offenders not on parole for a conviction of
a crime of violence, a sex offense, or an offender subject to the sex offender registration and
notification requirements.
Present law defines "technical violation", as it pertains to revocation of parole for a technical
violation, as any violation except the following:
(1)Being arrested, charged, or convicted of any of the following:
(a)A felony.
(b)Any intentional misdemeanor directly affecting the person.
(c)At the discretion of the court, any attempt to commit any intentional
misdemeanor directly affecting the person.
(d)At the discretion of the committee on parole, any attempt to commit any
other misdemeanor.
(2)Being in possession of a firearm or other prohibited weapon.
(3)Failing to appear at any court hearing.
(4)Absconding from the jurisdiction of the committee on parole.
Proposed law deletes present law and defines "technical violation", as it pertains to
revocation of parole for a technical violation, as any violation except a new felony
conviction.
Present law provides for medical parole eligibility for offenders who are permanently
disabled or terminally ill and not serving a sentence for first degree murder, second degree
murder, or awaiting execution.
Proposed law retains present law.
Proposed law creates the medical treatment furlough program to be administered by DPSC.
Offenders who are ineligible for medical parole, not awaiting execution, and determined by
DPSC to be a limited mobility offender or a terminally ill offender is eligible for medical
treatment furlough.
Proposed law provides that the committee on parole is to establish the medical treatment
furlough program to be administered by DPSC for the purpose of utilizing off-site medical
facilities for an eligible offender's medical treatment. Proposed law further provides that
medical treatment furlough is not to be available to any offender who is awaiting execution.
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Proposed law provides that an offender eligible for consideration for release under the
medical treatment furlough program is any offender who is ineligible for release on medical
parole pursuant to proposed law and is determined by the department to be a limited mobility
offender.
Proposed law defines a "limited mobility offender" as any offender who is unable to perform
activities of daily living without help or is confined to a bed or chair, including but not
limited to prolonged coma and medical ventilation.
Proposed law provides that, notwithstanding any provision of present law or proposed law
to the contrary, the committee on parole may authorize the release of an eligible offender on
medical treatment furlough when all of the following conditions are met:
(1)Placement in an acute care hospital, nursing home, or other appropriate medical
facility able to meet the offender's medical and treatment needs is secured.
(2)All monitoring, security, and supervision requirements that the committee deems
necessary are secured by the division of probation and parole.
(3) The committee determines that the offender does not present a substantial flight risk.
Present law provides that no offender is to be recommended for medical parole by DPSC
until full consideration has been given to the offender's criminal history, length of time
served in custody, institutional conduct, and a medical assessment of the offender's
condition.
Proposed law retains present law and requires the same consideration be given before an
offender is recommended for medical treatment furlough by DPSC.
Present law provides that the authority to grant medical parole lies solely with the committee
on parole and the committee may require additional evidence or that additional medical
examinations be conducted.
Proposed law provides that present law also applies to medical treatment furlough.
Present law provides that the parole term of an offender released on medical parole is to be
for the remainder of the offender's sentence without diminution of sentence for good
behavior.
Proposed law provides that present law also applies to medical treatment furlough.
Present law provides that if the medical parolee's condition has improved such that he would
no longer be eligible for medical parole, the committee may order that the offender be
returned to the custody of DPSC to await a hearing to determine if his parole is to be
revoked.
Proposed law provides that present law also applies to medical treatment furlough.
Present law provides that any offender whose medical parole is revoked due to an
improvement in his condition is to resume serving the balance of his sentence with credit
given for the duration of the medical parole.
Proposed law provides that present law also applies to medical treatment furlough.
Present law provides that medical parole may be revoked for violation of any condition of
the parole as established by the committee on parole.
Proposed law provides that present law also applies to medical treatment furlough.
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Present law provides that the committee is to promulgate rules necessary for the
implementation of medical parole.
Proposed law provides that present law also applies to medical treatment furlough.
Proposed law provides that, in addition to other duties, DPSC is to establish a procedure that
provides for each offender sentenced to 180 days or more in the custody of DPSC, a written
case plan based on the results of an assessment of the offender's risk and needs. Proposed
law further provides that implementation of such a procedure will only be to the extent funds
are appropriated for this purpose and resources are available.
Proposed law provides that for offender's eligible for administrative parole, DPSC is to
notify the committee in writing of the offender's compliance or noncompliance with the case
plan not less than 60 days before an offender's administrative parole release date. Proposed
law further provides that implementation of such a procedure will only be to the extent funds
are appropriated for this purpose and resources are available.
Present law provides that, when funds are provided, educational, job skills training, values
development, and other programs are to be made available at each institution under DPSC
and offenders may be awarded up to 90 days toward the reduction the projected good time
parole supervision date for satisfactory participation, but no offender is to receive more than
360 days total credit.
Present law provides that any offender sentenced as a habitual offender may earn additional
good time credit for participation in programs provided for in present law unless the offender
was convicted of a sex offense or a crime of violence.
Proposed law provides that any offender sentenced as a habitual offender may earn
additional good time credit for participation in programs provided for in present law unless
the offender's instant offense is one of the following:
(1)A sex offense.
(2)A crime of violence and the offender has two or more prior convictions of a crime
of violence or a sex offense.
Proposed law provides that offenders who are eligible to participate in the work release
program are eligible to earn an additional 180 days of credit towards the reduction of the
projected good time parole supervision date.
Effective November 1, 2017.
(Amends C.Cr.P. Arts. 893(A) and (B), 900(A)(5) and (6), and 903.1, R.S.
13:5304(B)(10)(b), R.S. 15:571.3(B) and (D), 574.2(C)(1) and (2) and (D)(1), (6)(intro
para), (8)(a) and (9), 574.4(A)(1), (B)(1), and (C)(2), 574.4.1(A)(1), 574.6, 574.7(B)(1)(intro
para) and (C), 574.9(D), (E), (F) and (G), 574.20, and 828(B) and (C); adds C.Cr.P. Arts.
893(G), 895.6, 895.7, and 899.2 and R.S. 15:574.2(C)(4), 574.4(F), 574.7(D), 574.9(H),
827(A)(7) and 828(D); repeals C.Cr.P. Art. 900(A)(7))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill
1. Deletes proposed law references to a felony class system.
2. Adds that discharge credits may not be earned in conjunction with any other
credits received toward a defendant's term of probation, and if a defendant
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receives credit toward his term of probation for any other reason, he cannot
receive discharge credits for that period of time.
3. Adds that an offender serving a life sentence for second degree murder is
eligible for parole consideration under certain circumstances.
4. Changes proposed law references from "medical furlough" to "medical
treatment furlough".
5. Makes changes to specific provisions of the medical treatment furlough
program provided for by proposed law.
6. Adds system of structured administrative rewards for compliance with
conditions and positive behavior that exceeds the conditions of parole.
7. Changes certain proposed law references and proposed law effective date
from 7/1/17 to 11/1/17.
8. Deletes provision relative to effective contingent on other proposed law.
Senate Floor Amendments to engrossed bill
1. Makes technical changes.
2. Makes changes to length of suspension of sentence for certain crimes.
3. Excludes certain offenders from earning discharge credits for probation and
parole.
4. Makes changes to eligibility conditions for imposition of administrative
sanctions for probation.
5. Changes what offenders are eligible to receive credit for time served in the
event of probation revocation.
6. Changes what offenders are eligible to serve certain sentences in the event
of probation revocation.
7. Makes changes to eligibility conditions for administrative parole.
8. Makes changes to conditions for release on administrative parole.
9. Makes changes to the administrative parole notification requirements of the
committee on parole.
10.Makes changes to parole eligibility provisions for offenders convicted a
second or subsequent time of a crime of violence or sex offense.
11.Changes parole eligibility requirements of an offender serving a life sentence
for second degree murder.
12.Removes amendments to present law provision regarding parole
requirements for sex offenders.
13.Makes changes to eligibility conditions for imposition of administrative
sanctions for parole.
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14.Changes what offenders are eligible to serve certain sentences in the event
of parole revocation.
15.Makes changes to conditions of release on medical treatment furlough.
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