SLS 18RS-323 ORIGINAL
2018 Regular Session
SENATE BILL NO. 269
BY SENATOR CARTER
CRIME/PUNISHMENT. Provides relative to parole eligibility for certain prisoners
sentenced to life who have served at least thirty years. (11/1/18)
1 AN ACT
2 To amend and reenact R.S. 15:574.4(A)(2), (B)(1), and the introductory paragraph of (B)(2),
3 and to enact R.S. 15:574.4(B)(3), relative to parole eligibility; to provide parole
4 eligibility for persons serving life sentences for certain offenses upon reaching the
5 age of fifty years, serving thirty years in prison, and meeting certain requirements;
6 and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 15:574.4(A)(2), (B)(1), and the introductory paragraph of (B)(2) are
9 hereby amended and reenacted and R.S. 15:574.4(B)(3) is hereby enacted to read as follows:
10 ยง574.4. Parole; eligibility; juvenile offenders
11 A.(1) * * *
12 (2) Notwithstanding the provisions of Paragraph (1) of this Subsection or any
13 other law to the contrary, unless eligible for parole at an earlier date, a person
14 committed to the Department of Public Safety and Corrections for a term or terms
15 of imprisonment with or without benefit of parole for thirty years or more shall be
16 eligible for parole consideration upon serving at least twenty years of the term or
17 terms of imprisonment in actual custody and upon reaching the age of forty-five.
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SLS 18RS-323 ORIGINAL
1 This provision shall not apply to a person serving a life sentence unless the sentence
2 has been commuted to a fixed term of years. The provisions of this Paragraph shall
3 not apply to any person who has been convicted under the provisions of R.S. 14:64.
4 The provisions of this Paragraph shall not apply to any person who has been
5 convicted of a crime of violence as defined in R.S. 14:2(B) or a sex offense as
6 defined in R.S. 15:541.
7 * * *
8 B.(1)(a) No person shall be eligible for parole consideration who has been
9 convicted of armed robbery and denied parole eligibility under the provisions of R.S.
10 14:64.
11 (b) Except as provided in Paragraph (2) of this Subsection, and except as
12 provided in Paragraph (A)(5) of this Section, Paragraphs (2) and (3) of this
13 Subsection, and Subsections D, E, and H of this Section, no prisoner serving a life
14 sentence shall be eligible for parole consideration until his life sentence has been
15 commuted to a fixed term of years.
16 (c) No prisoner sentenced as a serial sexual offender shall be eligible for
17 parole.
18 (d) No prisoner may be paroled while there is pending against him any
19 indictment or information for any crime suspected of having been committed by him
20 while a prisoner.
21 (e) Notwithstanding any other provisions of law to the contrary, a person
22 convicted of a crime of violence and not otherwise ineligible for parole shall serve
23 at least sixty-five percent of the sentence imposed, before being eligible for parole.
24 The victim or victim's family shall be notified whenever the offender is to be
25 released provided that the victim or victim's family has completed a Louisiana victim
26 notice and registration form as provided in R.S. 46:1841 et seq., or has otherwise
27 provided contact information and has indicated to the Department of Public Safety
28 and Corrections, Crime Victims Services Bureau, that they desire such notification.
29 (2) Notwithstanding Except as provided in Paragraph (3) of this
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SLS 18RS-323 ORIGINAL
1 Subsection, and notwithstanding any provision of law to the contrary, any person
2 serving a life sentence, with or without the benefit of parole, who has not been
3 convicted of a crime of violence as defined by R.S. 14:2(B), a sex offense as defined
4 by R.S. 15:541, or an offense, regardless of the date of conviction, which would
5 constitute a crime of violence as defined by R.S. 14:2(B) or a sex offense as defined
6 by R.S. 15:541, shall be eligible for parole consideration as follows:
7 * * *
8 (3) Notwithstanding Paragraph (2) of this Subsection or any other
9 provision of law to the contrary, any person serving a life sentence, with or
10 without benefit of parole, who has not been convicted of first degree murder
11 and who has reached the age of fifty years, shall be eligible for parole
12 consideration as follows:
13 (a) The person has served at least thirty years of the sentence imposed.
14 (b) The person has obtained a low risk level designation determined by
15 a validated risk assessment instrument approved by the secretary of the
16 Department of Public Safety and Corrections.
17 (c) The person has not committed any major disciplinary offenses in the
18 twelve consecutive months prior to the parole hearing date. A major
19 disciplinary offense is an offense identified as a Schedule B offense by the
20 Department of Public Safety and Corrections in the Disciplinary Rules and
21 Procedures for Adult Offenders.
22 (d) The person has completed the mandatory minimum of one hundred
23 hours of pre-release programming in accordance with the provisions of R.S.
24 15:827.1, if such programming is available at the facility where the offender is
25 incarcerated.
26 (e) The person has completed substance abuse treatment, if applicable,
27 and such treatment is available at the facility where the offender is
28 incarcerated.
29 (f) The person has obtained a GED credential, unless the prisoner has
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SLS 18RS-323 ORIGINAL
1 previously obtained a high school diploma or is deemed by a certified educator
2 as being incapable of obtaining a GED credential due to a learning disability or
3 because such programming is not available. If the prisoner is deemed incapable
4 of obtaining a GED credential, the person shall complete at least one of the
5 following: a literacy program, an adult basic education program, or a job skills
6 training program.
7 * * *
8 Section 2. This Act shall become effective on November 1, 2018; if vetoed by the
9 governor and subsequently approved by the legislature, this Act shall become effective on
10 November 1, 2018, or on the day following such approval by the legislature, whichever is
11 later.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 269 Original 2018 Regular Session Carter
Present law provides that, subject to certain exceptions and notwithstanding other provisions
of present law, unless eligible for parole at an earlier date, a person committed to the Dept.
of Public Safety and Corrections for a term or terms of imprisonment with or without benefit
of parole for 30 years or more is eligible for parole consideration upon serving at least 20
years of the term or terms of imprisonment in actual custody and upon reaching the age of
45 years. Present law further provides that present law does not apply to a person serving a
life sentence unless the sentence has been commuted to a fixed term of years.
Proposed law retains present law.
Present law provides that present law does not apply to any person who has been convicted
of armed robbery under present law.
Proposed law retains present law.
Present law provides that the provisions of present law do not apply to any person who has
been convicted of a crime of violence or a sex offense as defined by present law.
Proposed law deletes present law.
Present law provides additional requirements for parole eligibility for certain persons under
certain circumstances. Present law further provides exceptions to present law parole
eligibility under certain circumstances.
Proposed law retains present law except to add that, notwithstanding any other provision of
present law, any person serving a life sentence, with or without benefit of parole, who has
not been convicted of first degree murder and who has reached the age of 50 years, is
eligible for parole consideration if:
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SLS 18RS-323 ORIGINAL
(1) The person has served at least 30 years of the sentence imposed.
(2) The person has obtained a low risk level designation determined by a validated risk
assessment instrument approved by the secretary of the Dept. of Public Safety and
Corrections.
(3)The person has not committed any major disciplinary offenses in the 12 consecutive
months prior to the parole hearing date. A "major disciplinary offense" is an offense
identified as a Schedule B offense by the Dept. of Public Safety and Corrections in
the Disciplinary Rules and Procedures for Adult Offenders.
(4)The person has completed the mandatory minimum of 100 hours of pre-release
programming in accordance with present law, if such programming is available at
the facility where the offender is incarcerated.
(5)The person has completed substance abuse treatment, if applicable, and such
treatment is available at the facility where the offender is incarcerated.
(6)The person has obtained a GED credential, unless the prisoner has previously
obtained a high school diploma or is deemed by a certified educator as being
incapable of obtaining a GED credential due to a learning disability or because such
programming is not available. If the prisoner is deemed incapable of obtaining a
GED credential, the person must complete at least one of the following:
(a)A literacy program.
(b)An adult basic education program.
(c)A job skills training program.
Effective November 1, 2018.
(Amends R.S. 15:574.4(A)(2), (B)(1), and (B)(2)(intro para); adds R.S. 15:574.4(B)(3))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.