HLS 19RS-556 REENGROSSED 2019 Regular Session HOUSE BILL NO. 149 BY REPRESENTATIVE MARINO Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. PAROLE: Provides relative to various provisions affecting parole 1 AN ACT 2To amend and reenact R.S. 15:529.2(A), 571.5(B)(2), 574.4(C)(2)(a)(introductory 3 paragraph) and (b), 574.4.1(A)(1) and (D)(1), 574.4.3(B), 574.4.4, 4 574.9(H)(1)(a)(introductory paragraph), (iii), and (iv), 827(A)(7), and 1111(I)(1) and 5 Code of Criminal Procedure Article 901.1, to enact R.S. 13:5401(B)(3)(d), R.S. 6 15:571.5(B)(3), 574.4.1(D)(3), and 574.9(H)(1)(a)(v), and to repeal R.S. 7 15:574.2(C)(4), relative to parole; to provide relative to reentry court programs; to 8 prohibit persons in reentry court programs from being eligible for parole and from 9 receiving diminution of sentence for good behavior or participation in certain 10 programs; to provide relative to release of offenders on parole based on diminution 11 of sentence for good behavior or participation in certain programs; to authorize the 12 committee on parole to impose special conditions of supervision on certain 13 offenders; to repeal provisions which authorize the release of certain offenders on 14 the offender's parole eligibility date; to provide relative to intensive parole 15 supervision for eligible offenders who participate in the intensive incarceration 16 program established by the Department of Public Safety and Corrections; to repeal 17 provisions relative to the intensive parole supervision program; to remove authority 18 of the committee on parole to recommend that an eligible offender be released to 19 intensive parole supervision; to provide relative to the parole release date of a Page 1 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 19RS-556 REENGROSSED HB NO. 149 1 person who was sentenced as a habitual offender for the purpose of participating in 2 a work release program; to amend the eligibility requirements of a work release 3 program; to authorize participation of a person sentenced as a habitual offender 4 under certain circumstances; to provide relative to technical violations committed by 5 an offender who is released on parole; to authorize the revocation of parole for 6 certain technical violations; and to provide for related matters. 7Be it enacted by the Legislature of Louisiana: 8 Section 1. R.S. 13:5401(B)(3)(d) is hereby enacted to read as follows: 9 §5401. District courts; reentry courts; subject matter 10 * * * 11 B. Participation in the workforce development sentencing program as 12 authorized by the provisions of this Section shall be subject to the following 13 provisions: 14 * * * 15 (3) In offering a defendant the opportunity to request the program, the court 16 shall advise the defendant of the following: 17 * * * 18 (d) Notwithstanding any provision of law to the contrary, any offender 19 sentenced under this Section shall not be eligible for parole pursuant to R.S. 20 15:574.4(A)(1), nor earn "good time" pursuant to R.S. 15:571.3, or additional "good 21 time" credits for participation in certified treatment and rehabilitation programs 22 pursuant to R.S. 15:828 while in the program. 23 * * * 24 Section 2. R.S. 15:529.2(A), 571.5(B)(2), 574.4(C)(2)(a)(introductory paragraph) 25and (b), 574.4.1(A)(1) and (D)(1), 574.4.3(B), 574.4.4, 574.9(H)(1)(a)(introductory 26paragraph), (iii), and (iv), 827(A)(7), and 1111(I)(1) are hereby amended and reenacted and 27R.S. 15:571.5(B)(3), 574.4.1(D)(3), and 574.9(H)(1)(a)(v) are hereby enacted to read as 28follows: 29 §529.2. Intensive parole supervision for certain habitual offenders Page 2 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 19RS-556 REENGROSSED HB NO. 149 1 A. Notwithstanding any other provisions of law to the contrary, the secretary 2 of the Department of Public Safety and Corrections may release to intensive parole 3 supervision as provided in R.S. 15:574.4.4 any person sentenced pursuant to R.S. 4 15:529.1 and denied eligibility for diminution of sentence when the offender meets 5 the requirements of this Section and of any rules or regulations adopted by the 6 secretary in accordance with the provisions of this Section. 7 * * * 8 §571.5. Supervision upon release after diminution of sentence for good behavior; 9 conditions of release; revocation 10 * * * 11 B. 12 * * * 13 (2) For any prisoner released because of diminution of sentence pursuant to 14 this Part on or after August 1, 2020, the committee on parole may impose special 15 conditions of supervision which include participation in additional programming by 16 the prisoner as determined to be necessary by a validated risk-assessment tool 17 approved by the department. 18 (2)(3) The person released because of diminution of sentence pursuant to this 19 Part shall be supervised in the same manner and to the same extent as if he were 20 released on parole. The supervision shall be for the remainder of the original full 21 term of sentence. If a person released because of diminution of sentence pursuant 22 to this Part violates a condition imposed by the parole committee, the committee 23 shall proceed in the same manner as it would to revoke parole to determine if the 24 release upon diminution of sentence should be revoked. 25 * * * 26 §574.4. Parole; eligibility; juvenile offenders 27 * * * 28 C. 29 * * * Page 3 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 19RS-556 REENGROSSED HB NO. 149 1 (2)(a) Except as provided in R.S. 15:574.2(C)(4), in In cases where the 2 offender has been convicted of, or where adjudication has been deferred or withheld 3 for the perpetration or attempted perpetration of a violation of a sex offense as 4 defined in R.S. 15:541 and parole is permitted by law and the offender is otherwise 5 eligible, the committee shall consider reports, assessments, and clinical information, 6 as available, including any testing and recommendations by mental health 7 professionals, as to all of the following: 8 * * * 9 (b) Except as provided in R.S. 15:574.2(C)(4), the The committee shall 10 render its decision ordering or denying the release of the prisoner on parole only after 11 considering this clinical evidence where such clinical evidence is available. 12 * * * 13 §574.4.1. Parole consideration and hearings 14 A.(1) The parole hearings shall be conducted in a formal manner in 15 accordance with the rules formulated by the committee and with the provisions of 16 this Part. Except as provided in R.S. 15:574.2(C)(4), before Before the parole of any 17 prisoner is ordered, such prisoner shall appear before and be interviewed by the 18 committee, except those incarcerated in parish prisons or parish correctional centers, 19 in which case one committee member may conduct the interview. The committee 20 may order a reconsideration of the case or a rehearing at any time. 21 * * * 22 D.(1) Except as provided in Paragraph (2) or (3) of this Subsection, the 23 release date of the prisoner shall be fixed by the committee, but such date shall not 24 be later than six months after the parole hearing or the most recent reconsideration 25 of the prisoner's case. 26 * * * 27 (3) When granting parole of a prisoner who was sentenced as a habitual 28 offender pursuant to R.S. 15:529.1, if the committee on parole determines that it is 29 necessary for the prisoner to participate in a work release program established Page 4 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 19RS-556 REENGROSSED HB NO. 149 1 pursuant to R.S. 15:1111, the release date of the prisoner may be extended to no later 2 than one year after the parole hearing or the most recent reconsideration of the 3 prisoner's case. 4 * * * 5 §574.4.3. Parole requirements for certain sex offenders 6 * * * 7 B. If a person who is otherwise eligible for intensive parole supervision 8 incarceration pursuant to R.S. 15:574.4.4, has been convicted of one of the sexual 9 offenses enumerated in this Section and the intensive parole supervision 10 incarceration program is applicable to any of those enumerated crimes, then the 11 provisions of this Section shall apply. 12 * * * 13 §574.4.4. Parole; intensive parole supervision Intensive incarceration program; 14 eligibility 15 A. Notwithstanding the provisions of R.S. 15:574.4(A)(1), a person, 16 otherwise eligible for parole, any other provision of law, a defendant convicted of 17 a nonviolent first felony offense and committed to the Department of Public Safety 18 and Corrections, or of a nonviolent second felony offense and committed to the 19 Department of Public Safety and Corrections, may be eligible for intensive parole 20 supervision upon successful completion of to participate in the intensive 21 incarceration program. In addition, any person convicted of a first or second offense 22 for possession of amphetamine or methamphetamine or cocaine or oxycodone or 23 methadone or of a first offense for distribution, dispensing, or possession with intent 24 to produce, manufacture, distribute, or dispense amphetamine or methamphetamine 25 or cocaine or oxycodone or methadone, in violation of R.S. 40:967(B)(1) or R.S. 26 40:967(B)(4)(b) when the amount of amphetamine or methamphetamine or cocaine 27 or oxycodone or methadone involved was twenty-eight grams or less, may be 28 eligible to participate in the intensive incarceration program. Notwithstanding the 29 provisions of R.S. 40:967(B)(4)(b), a person otherwise eligible for participation in Page 5 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 19RS-556 REENGROSSED HB NO. 149 1 the intensive incarceration program may be eligible for intensive parole supervision 2 upon successful completion of intensive incarceration. The intensive incarceration 3 and intensive parole supervision program shall be established and administered by 4 the department. The offender may be considered for participation in the program if 5 all of the following conditions are met: 6 (1) The offender is sentenced to be committed to the Department of Public 7 Safety and Corrections to serve ten years or less. 8 (2) The department, through the division of probation and parole within the 9 office of adult services, recommends to the sentencing court that the offender is 10 particularly likely to respond affirmatively to participation in the program. 11 (3) The court at sentencing recommends that the offender be considered for 12 participation in the program. 13 (4) The secretary of the department, or his designee, finds, after an 14 evaluation, that the offender is particularly likely to respond affirmatively to 15 participation in the program. 16 (5) The offender voluntarily enrolls in the program after having been advised 17 by the department of the rules and regulations governing participation in the 18 program. 19 (6) The court sentences an offender in the drug division probation program 20 pursuant to R.S. 13:5304. 21 B. Notwithstanding the provisions of R.S. 15:574.4(A)(1), an offender who 22 is otherwise eligible for intensive incarceration and intensive parole supervision, but 23 who has not been recommended for participation in the intensive incarceration and 24 intensive parole supervision program by the division of probation and parole or the 25 sentencing judge, as provided for in Paragraphs (A)(2) and (3) of this Section, may 26 additionally be placed in the intensive incarceration and intensive parole supervision 27 program if all of the following conditions are met: 28 (1) The staff at the adult reception and diagnostic center, after a thorough 29 evaluation, determines that the offender is suitable and appropriate for participation. Page 6 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 19RS-556 REENGROSSED HB NO. 149 1 (2) The warden at the adult reception and diagnostic center concurs with the 2 staff recommendation. 3 (3) The warden of the facility where the offender would be placed concurs 4 with the recommendation of the staff and warden of the adult reception and 5 diagnostic center. 6 (4) The offender meets other conditions of participation as set forth in 7 Paragraphs (A)(1), (4), and (5) of this Section. 8 C.(1) Notwithstanding the provisions of R.S. 15:574.4(A)(1), a person, 9 otherwise eligible for parole, convicted of a first felony offense and committed to the 10 Department of Public Safety and Corrections, or of a second felony offense and 11 committed to the Department of Public Safety and Corrections, may be eligible for 12 intensive parole supervision upon successful completion of intensive incarceration. 13 The intensive incarceration and intensive parole supervision program shall be 14 established and administered by the department. 15 (2) The court may sentence an offender directly to the program if the court 16 commits the offender to the Department of Public Safety and Corrections to serve 17 ten years or less. 18 D.B. For purposes of this Section, a "first offender" shall not have been 19 convicted previously of another felony as provided in R.S. 15:572(C) and shall not 20 have been granted an automatic pardon as provided in R.S. 15:572(B). 21 E.C. The duration of intensive incarceration shall not be less than one 22 hundred eighty calendar days. 23 F.D. The participating offender shall be evaluated by the program staff on 24 a continual basis throughout the entire period of intensive incarceration. The 25 evaluation shall include the offender's performance while incarcerated, the likelihood 26 of successful adjustment on parole, and other factors deemed relevant by the 27 committee on parole or the program staff. The evaluation shall provide the basis for 28 the recommendations by the department to the committee on parole upon the 29 offender's completion of intensive incarceration. Violation of any institutional or Page 7 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 19RS-556 REENGROSSED HB NO. 149 1 program rules or regulations may subject the participant to removal from the 2 program by the department. 3 G.E.(1) If an offender is denied entry into the intensive incarceration 4 program for physical or mental health reasons or for failure to meet the department's 5 suitability criteria, the department shall notify the sentencing court, and based upon 6 the court's order, shall either return the offender to court for resentencing in 7 accordance with the provisions of the Code of Criminal Procedure Article 881.1 or 8 return the offender to a prison to serve the remainder of his sentence as provided by 9 law. 10 (2) If an offender enters the intensive incarceration program and is 11 subsequently removed for physical or mental health reasons or for failure to meet the 12 department's suitability criteria, the department shall notify the sentencing court and, 13 based upon the court's order, shall either return the offender to court for resentencing 14 in accordance with the provisions of Code of Criminal Procedure Article 881.1 or 15 return the offender to a prison to serve the remainder of his sentence as provided by 16 law. If an offender enters the intensive incarceration program and is removed for 17 violating any institutional or program rules or regulations, the offender shall be 18 assigned to the general population to serve the remainder of his sentence as provided 19 by law. 20 H. When an offender completes intensive incarceration, the committee on 21 parole shall review the case of the offender and recommend either that the offender 22 be released on intensive parole supervision or that the offender serve the remainder 23 of his sentence as provided by law. When the offender is released to intensive parole 24 supervision by the committee, the committee shall require the offender to comply 25 with the following conditions of intensive parole supervision in addition to any other 26 conditions of parole ordered by the committee: 27 (1) Be subject to multiple monthly visits with his supervising officers 28 without prior notice. 29 (2) Abide by any curfew set by his supervising officers. Page 8 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 19RS-556 REENGROSSED HB NO. 149 1 (3) Perform at least one hundred hours of unpaid community service work 2 during the period of intensive parole supervision and, if unemployed, perform 3 additional hours as instructed by his supervising officers. 4 (4) Refrain from using or possessing any controlled dangerous substance or 5 alcoholic beverage and submit, at his own expense, to screening, evaluation, and 6 treatment for controlled dangerous substance or alcohol abuse as directed by his 7 supervising officers. 8 (5) Pay any costs as ordered by the sentencing court or committee on parole. 9 I. In cases in which the committee on parole determines that there is victim 10 opposition to parole, that the offender has a questionable disciplinary record, or that 11 other extraordinary circumstances exist, the committee may conduct a hearing to 12 consider intensive parole supervision for the offender having successfully completed 13 intensive incarceration, which shall be public and conducted in the same manner as 14 parole hearings as otherwise provided in this Part. Otherwise the decision shall be 15 made upon the approval or disapproval of a majority of the members of the 16 committee without necessity of a hearing, after a review of all available information 17 on the offender, including the pre-parole report prepared by the department. 18 J.F. In cases in which the court sentences a defendant in the drug division 19 probation program for a technical violation of probation, the offender shall return to 20 active supervised probation with the drug division probation program for a period as 21 ordered by the court, subject to any additional conditions imposed by the court. 22 K. Notwithstanding the provisions of R.S. 15:574.4(A)(1), a person 23 otherwise eligible for parole who is convicted of a nonviolent first felony offense 24 may be committed to the Department of Public Safety and Corrections pursuant to 25 the provisions of Code of Criminal Procedure Article 895(B)(3) to serve a sentence 26 of not more than six months without diminution of sentence in the intensive 27 incarceration program pursuant to the provisions of this Section. 28 * * * Page 9 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 19RS-556 REENGROSSED HB NO. 149 1 §574.9. Revocation of parole for violation of condition; committee panels; return 2 to custody hearing; duration of reimprisonment and reparole after revocation; 3 credit for time served; revocation for a technical violation 4 * * * 5 H.(1)(a) Any offender who has been released on parole and who has been 6 determined by the committee on parole to have committed a technical violation of 7 the conditions of parole as determined by the committee on parole, shall be required 8 to serve the following sentences: 9 * * * 10 (iii) For a third or subsequent technical violation, not more than forty-five 11 days. 12 (iv) For a fourth or subsequent technical violation, not more than ninety 13 days. 14 (v) For custodial substance abuse treatment programs, not more than ninety 15 days. 16 * * * 17 §827. Duties of Department of Public Safety and Corrections 18 A. In addition to other duties imposed upon the department it shall be the 19 duty of the department to: 20 * * * 21 (7) Establish a procedure that provides for each offender who is sentenced 22 to one hundred eighty days or more in the custody of the Department of Public 23 Safety and Corrections, a written case plan that is based on the results of an 24 assessment of the offender's risk and needs and includes participation in 25 programming that addresses the needs identified in that assessment. For offenders 26 eligible for administrative parole pursuant to R.S. 15:574.2(C)(4), the case plan 27 should be reasonably achievable prior to the offender's administrative parole 28 eligibility date and the department shall notify the committee in writing of an 29 offender's compliance or noncompliance with the case plan not less than sixty days Page 10 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 19RS-556 REENGROSSED HB NO. 149 1 before an offender's administrative parole release date. The provisions of this 2 Paragraph shall be implemented to the extent that funds are appropriated for this 3 purpose and to the extent that it is consistent with the available resources. 4 * * * 5 §1111. Work release program 6 * * * 7 I.(1) Any inmate who has been convicted of forcible or second degree rape 8 (R.S. 14:42.1), aggravated arson (R.S. 14:51), armed robbery (R.S. 14:64), attempted 9 murder (R.S. 14:27 and 29), or attempted armed robbery (R.S. 14:27 and 64), shall 10 be eligible to participate in a work release program during the last six months of his 11 term. Any person sentenced as a habitual offender pursuant to R.S. 15:529.1 shall 12 be eligible to participate in a work release program during the last year of his term 13 or pursuant to the provisions of R.S. 15:574.4.1(D)(3), if the offender has obtained 14 a low-risk level designation determined by a validated risk assessment instrument 15 approved by the secretary of the Department of Public Safety and Corrections. 16 Notwithstanding the provisions of this Section and unless the inmate is eligible at an 17 earlier date, those inmates who have served a minimum of fifteen years in the 18 custody of the department for those crimes enumerated in this Section shall be 19 eligible to participate in a work release program during the last twelve months of 20 their terms. 21 * * * 22 Section 3. Code of Criminal Procedure Article 901.1 is hereby amended and 23reenacted to read as follows: 24 Art. 901.1. Additional sanctions for probation revocation 25 A. Notwithstanding any other provision of law, when a defendant, who is a 26 first offender on probation with a suspended sentence for a term of seven years or 27 less at hard labor, or a second offender on probation and having never served time 28 in a state prison, has his probation revoked for any reason other than a subsequent 29 felony conviction, the court, upon the recommendation of the division of probation Page 11 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 19RS-556 REENGROSSED HB NO. 149 1 and parole, may order that the offender be committed to the Department of Public 2 Safety and Corrections and be considered for participation in the intensive 3 incarceration and intensive parole supervision program as provided for in R.S. 4 15:574.4 R.S. 15:574.4.4 or R.S. 15:574.5. If the offender committed to the custody 5 of the department participates in an intensive incarceration program of an eligible 6 parish, the department shall reimburse the sheriff's office of the parish conducting 7 the program in the amount appropriated by the legislature. 8 B. If the imposition of the sentence was suspended, the defendant shall serve 9 the sentence imposed by the court at the revocation hearing. If the defendant is a 10 first offender and receives a sentence of seven years or less at hard labor, or a second 11 offender on probation and having never served time in a state prison, the court, upon 12 recommendation of the division of probation and parole, may order that the offender 13 be committed to the department and be considered for participation in the intensive 14 incarceration and intensive parole supervision program as provided for in R.S. 15 15:574.4 R.S. 15:574.4.4 or R.S. 15:574.5. If the offender committed to the custody 16 of the department participates in an intensive incarceration program as provided for 17 in R.S. 15:574.5, the department shall reimburse the sheriff's office of the parish 18 conducting the program in the amount appropriated by the legislature. 19 Section 4. R.S. 15:574.2(C)(4) is hereby repealed in its entirety. DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] HB 149 Reengrossed 2019 Regular Session Marino Abstract: Provides relative to parole eligibility of offenders in a reentry court program, provides certain conditions of parole for habitual offenders and offenders released on "good time" parole, repeals the authority for administrative parole and certain provisions relative to intensive parole supervision, provides relative to the parole release date of certain habitual offenders, and authorizes revocation for certain technical violations of parole. Present law (R.S. 13:5401) authorizes each district court to establish a reentry division of court, and requires each established reentry division of court to establish a workforce development sentencing program. In this regard, present law requires the court, in offering Page 12 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 19RS-556 REENGROSSED HB NO. 149 a defendant the opportunity to request participation in the program, to advise the defendant of the following: (1)That participating in the program requires the defendant to waive the right to a trial, to enter a guilty plea, and be sentenced to the custody of Dept. of Public Safety and Corrections (DPS&C). After successful completion of the program, the defendant may petition the court to suspend the remainder of his sentence and be placed on probation under the intensive supervision of the reentry division of court. (2)That the court may impose any conditions reasonably related to the rehabilitation of the defendant, including ordering the defendant to participate and complete a substance abuse program. (3)That the defendant is required to pay the cost of any assessments, substance abuse tests, and treatment programs to which he is assigned and the cost of any additional supervision that may be required, to the extent of his financial resources. Proposed law retains present law and further requires the court to advise the defendant that, while in the program, the defendant shall not be eligible for parole, nor earn "good time" or additional "good time" credits for participation in certified treatment rehabilitation programs. Present law (R.S. 15:571.3) authorizes certain prisoners to earn a diminution of sentence, or "good time", by good behavior and performance of work or self-improvement activities, or both. Further provides the rate at which an offender earns good time based on the type of offense for which the offender was convicted and prohibits certain offenders from being eligible to earn good time. Present law (R.S. 15:571.5) provides that when a prisoner is released because of diminution of sentence, he shall be released as if released on parole and supervised in the same manner as persons released on parole. Proposed law retains present law and adds that for any prisoner released because of diminution of sentence pursuant to present law on or after Aug. 1, 2020, the committee on parole may impose special conditions of supervision which include participation in additional programming by the prisoner as determined to be necessary by a validated risk-assessment tool approved by the department. Present law (R.S. 15:574.2(C)(4)) provides "administrative parole" for offenders who are otherwise eligible for parole and who commit an offense on or after Nov. 1, 2020, other than a crime of violence or a sex offense. Administrative parole allows the offender to be released on the date of his parole eligibility without a hearing before the committee on parole if the offender meets certain requirements set forth in present law, including the requirement that the offender complete a case plan developed by DPS&C. In this regard, present law requires DPS&C to notify the committee on parole in writing of an offender's compliance or noncompliance with the case plan not less than 60 days before an offender's administrative parole release date. Proposed law repeals present law removing the availability of "administrative parole" and the requirement that DPS&C notify the committee on parole of the offender's compliance or noncompliance with the case plan. Present law (R.S. 15:574.4.1) provides that when the committee on parole grants parole, the release date shall be fixed by the committee on parole and cannot exceed a period of six months after the parole hearing or the most recent consideration of the inmate's case. However, present law authorizes the committee on parole to extend this period to a maximum of nine months after the parole hearing or the most recent consideration of the inmate's case, if the committee on parole determines that to ensure public safety and the offender's opportunity for success, completion of one or more specific rehabilitative programs is required prior to the inmate's release. Page 13 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 19RS-556 REENGROSSED HB NO. 149 Proposed law retains present law and further authorizes the committee on parole, when granting parole of a prisoner who was sentenced as a habitual offender pursuant to present law (R.S. 15:529.1), to extend this period to a maximum of one year after the parole hearing or the most recent reconsideration of the prisoner's case if the committee on parole determines that it is necessary for the prisoner to participate in a work release program. Proposed law further amends the eligibility requirements for the present law (R.S. 15:1111) work release program to allow for participation by such offenders. Present law (R.S. 15:574.9) provides that any offender who has been released on parole and who has been determined by the committee on parole to have committed a technical violation of the conditions of parole, as defined by present law, shall be required to serve the following sentences for such violations: (1)For the first technical violation, not more than 15 days. (2)For a second technical violation, not more than 30 days. (3)For a third or subsequent technical violation, not more than 45 days. (4)For custodial substance abuse treatment programs, not more than 90 days. Proposed law amends present law to provide that for a third violation, the offender is required to serve a sentence of up to 45 days, and for a fourth or subsequent violation, the offender may be required to serve a sentence of up to 90 days. Present law (R.S. 15:574.4.4) provides that certain offenders are eligible for intensive parole supervision upon successful completion of an intensive incarceration program established and administered under present law. In this regard, present law provides that when an offender completes intensive incarceration, the committee on parole shall review the case of the offender and recommend either that the offender be released on intensive parole supervision or that the offender serve the remainder of his sentence as provided by law. Proposed law removes from present law the intensive parole supervision program established within the intensive incarceration program. In this regard, proposed law deletes from present law the provision which requires the committee on parole to review the case of an offender who completes the intensive incarceration program and the committee's authority to recommend that the offender be released on intensive parole supervision. Makes further technical changes to provisions of present law regarding sanctions for probation revocation and parole of habitual offenders and sex offenders to conform with the repeal of the intensive parole supervision program established under present law (R.S. 15:574.4.4). (Amends R.S. 15:529.2(A), 571.5(B)(2), 574.4(C)(2)(a)(intro. para.) and (b), 574.4.1(A)(1) and (D)(1), 574.4.3(B), 574.4.4, 574.9(H)(1)(a)(intro. para.), (iii), and (iv), 827(A)(7), and 1111(I)(1) and C.Cr.P. Art. 901.1; Adds R.S. 13:5401(B)(3)(d), R.S. 15:571.5(B)(3), 574.4.1(D)(3), and 574.9(H)(1)(a)(v); Repeals R.S. 15:574.2(C)(4)) Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Administration of Criminal Justice to the original bill: 1. Remove the authority of the committee on parole to revoke the parole of an offender who commits a fourth or subsequent technical violation and instead require the offender to serve a sentence of up to 90 days. Page 14 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 19RS-556 REENGROSSED HB NO. 149 2. Delete the provision which requires the committee on parole to review the case of an offender who completes the intensive incarceration program provided for in present law and the committee's authority to recommend that the offender be released on intensive parole supervision, and make other technical amendments with regard to this change. Page 15 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions.