The original instrument was prepared by Alden A. Clement, Jr. The following digest,
which does not constitute a part of the legislative instrument, was prepared by Ashley
Menou.
DIGEST
SB 269 Engrossed 2018 Regular Session Carter
Present law provides that whoever commits the crime of armed robbery shall be imprisoned at hard
labor for not less than ten years and for not more than 99 years, without the benefit of parole,
probation, or suspension of sentence.
Proposed law provides that a person convicted of armed robbery may be eligible for parole and
otherwise retains present law.
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 deletes 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, second degree murder, or first degree rape and who has reached the age of
50 years, is eligible for parole consideration if:
(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. 14:64(B) and R.S. 15:574.4(A)(2), (B)(1), and (B)(2)(intro para); adds R.S.
15:574.4(B)(3))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the original bill
1. Removes the prohibition of parole eligibility from the present law penalty provisions
for the crime of armed robbery.
2. Removes the prohibition of parole eligibility for persons convicted of armed robbery
and denied parole eligibility.
3. Adds exclusion for persons convicted of second degree murder and first degree rape from parole eligibility under the provisions of proposed law.