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 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.
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. 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.