ENROLLED
ACT No. 369
2019 Regular Session
HOUSE BILL NO. 149
BY REPRESENTATIVE MARINO
1 AN ACT
2 To 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
20 person who was sentenced as a habitual offender for the purpose of participating in
21 a work release program; to amend the eligibility requirements of a work release
22 program; to authorize participation of a person sentenced as a habitual offender
23 under certain circumstances; to provide relative to technical violations committed by
24 an offender who is released on parole; to authorize the revocation of parole for
25 certain technical violations; and to provide for related matters.
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1 Be it enacted by the Legislature of Louisiana:
2 Section 1. R.S. 13:5401(B)(3)(d) is hereby enacted to read as follows:
3 §5401. District courts; reentry courts; subject matter
4 * * *
5 B. Participation in the workforce development sentencing program as
6 authorized by the provisions of this Section shall be subject to the following
7 provisions:
8 * * *
9 (3) In offering a defendant the opportunity to request the program, the court
10 shall advise the defendant of the following:
11 * * *
12 (d) Notwithstanding any provision of law to the contrary, any offender
13 sentenced under this Section shall not be eligible for parole pursuant to R.S.
14 15:574.4(A)(1), nor earn "good time" pursuant to R.S. 15:571.3, or additional "good
15 time" credits for participation in certified treatment and rehabilitation programs
16 pursuant to R.S. 15:828 while in the program.
17 * * *
18 Section 2. R.S. 15:529.2(A), 571.5(B)(2), 574.4(C)(2)(a)(introductory paragraph)
19 and (b), 574.4.1(A)(1) and (D)(1), 574.4.3(B), 574.4.4, 574.9(H)(1)(a)(introductory
20 paragraph), (iii), and (iv), 827(A)(7), and 1111(I)(1) are hereby amended and reenacted and
21 R.S. 15:571.5(B)(3), 574.4.1(D)(3), and 574.9(H)(1)(a)(v) are hereby enacted to read as
22 follows:
23 §529.2. Intensive parole supervision for certain habitual offenders
24 A. Notwithstanding any other provisions of law to the contrary, the secretary
25 of the Department of Public Safety and Corrections may release to intensive parole
26 supervision as provided in R.S. 15:574.4.4 any person sentenced pursuant to R.S.
27 15:529.1 and denied eligibility for diminution of sentence when the offender meets
28 the requirements of this Section and of any rules or regulations adopted by the
29 secretary in accordance with the provisions of this Section.
30 * * *
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1 §571.5. Supervision upon release after diminution of sentence for good behavior;
2 conditions of release; revocation
3 * * *
4 B.
5 * * *
6 (2) For any prisoner released because of diminution of sentence pursuant to
7 this Part on or after August 1, 2020, the committee on parole may impose special
8 conditions of supervision which include participation in additional programming by
9 the prisoner as determined to be necessary by a validated risk-assessment tool
10 approved by the department.
11 (2)(3) The person released because of diminution of sentence pursuant to this
12 Part shall be supervised in the same manner and to the same extent as if he were
13 released on parole. The supervision shall be for the remainder of the original full
14 term of sentence. If a person released because of diminution of sentence pursuant
15 to this Part violates a condition imposed by the parole committee, the committee
16 shall proceed in the same manner as it would to revoke parole to determine if the
17 release upon diminution of sentence should be revoked.
18 * * *
19 §574.4. Parole; eligibility; juvenile offenders
20 * * *
21 C.
22 * * *
23 (2)(a) Except as provided in R.S. 15:574.2(C)(4), in In cases where the
24 offender has been convicted of, or where adjudication has been deferred or withheld
25 for the perpetration or attempted perpetration of a violation of a sex offense as
26 defined in R.S. 15:541 and parole is permitted by law and the offender is otherwise
27 eligible, the committee shall consider reports, assessments, and clinical information,
28 as available, including any testing and recommendations by mental health
29 professionals, as to all of the following:
30 * * *
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1 (b) Except as provided in R.S. 15:574.2(C)(4), the The committee shall
2 render its decision ordering or denying the release of the prisoner on parole only after
3 considering this clinical evidence where such clinical evidence is available.
4 * * *
5 §574.4.1. Parole consideration and hearings
6 A.(1) The parole hearings shall be conducted in a formal manner in
7 accordance with the rules formulated by the committee and with the provisions of
8 this Part. Except as provided in R.S. 15:574.2(C)(4), before Before the parole of any
9 prisoner is ordered, such prisoner shall appear before and be interviewed by the
10 committee, except those incarcerated in parish prisons or parish correctional centers,
11 in which case one committee member may conduct the interview. The committee
12 may order a reconsideration of the case or a rehearing at any time.
13 * * *
14 D.(1) Except as provided in Paragraph (2) or (3) of this Subsection, the
15 release date of the prisoner shall be fixed by the committee, but such date shall not
16 be later than six months after the parole hearing or the most recent reconsideration
17 of the prisoner's case.
18 * * *
19 (3) When granting parole of a prisoner who was sentenced as a habitual
20 offender pursuant to R.S. 15:529.1, if the committee on parole determines that it is
21 necessary for the prisoner to participate in a work release program established
22 pursuant to R.S. 15:1111, the release date of the prisoner may be extended to no later
23 than one year after the parole hearing or the most recent reconsideration of the
24 prisoner's case.
25 * * *
26 §574.4.3. Parole requirements for certain sex offenders
27 * * *
28 B. If a person who is otherwise eligible for intensive parole supervision
29 incarceration pursuant to R.S. 15:574.4.4, has been convicted of one of the sexual
30 offenses enumerated in this Section and the intensive parole supervision
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1 incarceration program is applicable to any of those enumerated crimes, then the
2 provisions of this Section shall apply.
3 * * *
4 §574.4.4. Parole; intensive parole supervision Intensive incarceration program;
5 eligibility
6 A. Notwithstanding the provisions of R.S. 15:574.4(A)(1), a person,
7 otherwise eligible for parole, any other provision of law, a defendant convicted of
8 a nonviolent first felony offense and committed to the Department of Public Safety
9 and Corrections, or of a nonviolent second felony offense and committed to the
10 Department of Public Safety and Corrections, may be eligible for intensive parole
11 supervision upon successful completion of to participate in the intensive
12 incarceration program. In addition, any person convicted of a first or second offense
13 for possession of amphetamine or methamphetamine or cocaine or oxycodone or
14 methadone or of a first offense for distribution, dispensing, or possession with intent
15 to produce, manufacture, distribute, or dispense amphetamine or methamphetamine
16 or cocaine or oxycodone or methadone, in violation of R.S. 40:967(B)(1) or R.S.
17 40:967(B)(4)(b) when the amount of amphetamine or methamphetamine or cocaine
18 or oxycodone or methadone involved was twenty-eight grams or less, may be
19 eligible to participate in the intensive incarceration program. Notwithstanding the
20 provisions of R.S. 40:967(B)(4)(b), a person otherwise eligible for participation in
21 the intensive incarceration program may be eligible for intensive parole supervision
22 upon successful completion of intensive incarceration. The intensive incarceration
23 and intensive parole supervision program shall be established and administered by
24 the department. The offender may be considered for participation in the program if
25 all of the following conditions are met:
26 (1) The offender is sentenced to be committed to the Department of Public
27 Safety and Corrections to serve ten years or less.
28 (2) The department, through the division of probation and parole within the
29 office of adult services, recommends to the sentencing court that the offender is
30 particularly likely to respond affirmatively to participation in the program.
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1 (3) The court at sentencing recommends that the offender be considered for
2 participation in the program.
3 (4) The secretary of the department, or his designee, finds, after an
4 evaluation, that the offender is particularly likely to respond affirmatively to
5 participation in the program.
6 (5) The offender voluntarily enrolls in the program after having been advised
7 by the department of the rules and regulations governing participation in the
8 program.
9 (6) The court sentences an offender in the drug division probation program
10 pursuant to R.S. 13:5304.
11 B. Notwithstanding the provisions of R.S. 15:574.4(A)(1), an offender who
12 is otherwise eligible for intensive incarceration and intensive parole supervision, but
13 who has not been recommended for participation in the intensive incarceration and
14 intensive parole supervision program by the division of probation and parole or the
15 sentencing judge, as provided for in Paragraphs (A)(2) and (3) of this Section, may
16 additionally be placed in the intensive incarceration and intensive parole supervision
17 program if all of the following conditions are met:
18 (1) The staff at the adult reception and diagnostic center, after a thorough
19 evaluation, determines that the offender is suitable and appropriate for participation.
20 (2) The warden at the adult reception and diagnostic center concurs with the
21 staff recommendation.
22 (3) The warden of the facility where the offender would be placed concurs
23 with the recommendation of the staff and warden of the adult reception and
24 diagnostic center.
25 (4) The offender meets other conditions of participation as set forth in
26 Paragraphs (A)(1), (4), and (5) of this Section.
27 C.(1) Notwithstanding the provisions of R.S. 15:574.4(A)(1), a person,
28 otherwise eligible for parole, convicted of a first felony offense and committed to the
29 Department of Public Safety and Corrections, or of a second felony offense and
30 committed to the Department of Public Safety and Corrections, may be eligible for
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1 intensive parole supervision upon successful completion of intensive incarceration.
2 The intensive incarceration and intensive parole supervision program shall be
3 established and administered by the department.
4 (2) The court may sentence an offender directly to the program if the court
5 commits the offender to the Department of Public Safety and Corrections to serve
6 ten years or less.
7 D.B. For purposes of this Section, a "first offender" shall not have been
8 convicted previously of another felony as provided in R.S. 15:572(C) and shall not
9 have been granted an automatic pardon as provided in R.S. 15:572(B).
10 E.C. The duration of intensive incarceration shall not be less than one
11 hundred eighty calendar days.
12 F.D. The participating offender shall be evaluated by the program staff on
13 a continual basis throughout the entire period of intensive incarceration. The
14 evaluation shall include the offender's performance while incarcerated, the likelihood
15 of successful adjustment on parole, and other factors deemed relevant by the
16 committee on parole or the program staff. The evaluation shall provide the basis for
17 the recommendations by the department to the committee on parole upon the
18 offender's completion of intensive incarceration. Violation of any institutional or
19 program rules or regulations may subject the participant to removal from the
20 program by the department.
21 G.E.(1) If an offender is denied entry into the intensive incarceration
22 program for physical or mental health reasons or for failure to meet the department's
23 suitability criteria, the department shall notify the sentencing court, and based upon
24 the court's order, shall either return the offender to court for resentencing in
25 accordance with the provisions of the Code of Criminal Procedure Article 881.1 or
26 return the offender to a prison to serve the remainder of his sentence as provided by
27 law.
28 (2) If an offender enters the intensive incarceration program and is
29 subsequently removed for physical or mental health reasons or for failure to meet the
30 department's suitability criteria, the department shall notify the sentencing court and,
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1 based upon the court's order, shall either return the offender to court for resentencing
2 in accordance with the provisions of Code of Criminal Procedure Article 881.1 or
3 return the offender to a prison to serve the remainder of his sentence as provided by
4 law. If an offender enters the intensive incarceration program and is removed for
5 violating any institutional or program rules or regulations, the offender shall be
6 assigned to the general population to serve the remainder of his sentence as provided
7 by law.
8 H. When an offender completes intensive incarceration, the committee on
9 parole shall review the case of the offender and recommend either that the offender
10 be released on intensive parole supervision or that the offender serve the remainder
11 of his sentence as provided by law. When the offender is released to intensive parole
12 supervision by the committee, the committee shall require the offender to comply
13 with the following conditions of intensive parole supervision in addition to any other
14 conditions of parole ordered by the committee:
15 (1) Be subject to multiple monthly visits with his supervising officers
16 without prior notice.
17 (2) Abide by any curfew set by his supervising officers.
18 (3) Perform at least one hundred hours of unpaid community service work
19 during the period of intensive parole supervision and, if unemployed, perform
20 additional hours as instructed by his supervising officers.
21 (4) Refrain from using or possessing any controlled dangerous substance or
22 alcoholic beverage and submit, at his own expense, to screening, evaluation, and
23 treatment for controlled dangerous substance or alcohol abuse as directed by his
24 supervising officers.
25 (5) Pay any costs as ordered by the sentencing court or committee on parole.
26 I. In cases in which the committee on parole determines that there is victim
27 opposition to parole, that the offender has a questionable disciplinary record, or that
28 other extraordinary circumstances exist, the committee may conduct a hearing to
29 consider intensive parole supervision for the offender having successfully completed
30 intensive incarceration, which shall be public and conducted in the same manner as
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1 parole hearings as otherwise provided in this Part. Otherwise the decision shall be
2 made upon the approval or disapproval of a majority of the members of the
3 committee without necessity of a hearing, after a review of all available information
4 on the offender, including the pre-parole report prepared by the department.
5 J.F. In cases in which the court sentences a defendant in the drug division
6 probation program for a technical violation of probation, the offender shall return to
7 active supervised probation with the drug division probation program for a period as
8 ordered by the court, subject to any additional conditions imposed by the court.
9 K. Notwithstanding the provisions of R.S. 15:574.4(A)(1), a person
10 otherwise eligible for parole who is convicted of a nonviolent first felony offense
11 may be committed to the Department of Public Safety and Corrections pursuant to
12 the provisions of Code of Criminal Procedure Article 895(B)(3) to serve a sentence
13 of not more than six months without diminution of sentence in the intensive
14 incarceration program pursuant to the provisions of this Section.
15 * * *
16 §574.9. Revocation of parole for violation of condition; committee panels; return
17 to custody hearing; duration of reimprisonment and reparole after revocation;
18 credit for time served; revocation for a technical violation
19 * * *
20 H.(1)(a) Any offender who has been released on parole and who has been
21 determined by the committee on parole to have committed a technical violation of
22 the conditions of parole as determined by the committee on parole, shall be required
23 to serve the following sentences:
24 * * *
25 (iii) For a third or subsequent technical violation, not more than forty-five
26 days.
27 (iv) For a fourth or subsequent technical violation, not more than ninety
28 days.
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1 (v) For custodial substance abuse treatment programs, not more than ninety
2 days.
3 * * *
4 §827. Duties of Department of Public Safety and Corrections
5 A. In addition to other duties imposed upon the department it shall be the
6 duty of the department to:
7 * * *
8 (7) Establish a procedure that provides for each offender who is sentenced
9 to one hundred eighty days or more in the custody of the Department of Public
10 Safety and Corrections, a written case plan that is based on the results of an
11 assessment of the offender's risk and needs and includes participation in
12 programming that addresses the needs identified in that assessment. For offenders
13 eligible for administrative parole pursuant to R.S. 15:574.2(C)(4), the case plan
14 should be reasonably achievable prior to the offender's administrative parole
15 eligibility date and the department shall notify the committee in writing of an
16 offender's compliance or noncompliance with the case plan not less than sixty days
17 before an offender's administrative parole release date. The provisions of this
18 Paragraph shall be implemented to the extent that funds are appropriated for this
19 purpose and to the extent that it is consistent with the available resources.
20 * * *
21 §1111. Work release program
22 * * *
23 I.(1) Any inmate who has been convicted of forcible or second degree rape
24 (R.S. 14:42.1), aggravated arson (R.S. 14:51), armed robbery (R.S. 14:64), attempted
25 murder (R.S. 14:27 and 29), or attempted armed robbery (R.S. 14:27 and 64), shall
26 be eligible to participate in a work release program during the last six months of his
27 term. Any person sentenced as a habitual offender pursuant to R.S. 15:529.1 shall
28 be eligible to participate in a work release program during the last year of his term
29 or pursuant to the provisions of R.S. 15:574.4.1(D)(3), if the offender has obtained
30 a low-risk level designation determined by a validated risk assessment instrument
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1 approved by the secretary of the Department of Public Safety and Corrections.
2 Notwithstanding the provisions of this Section and unless the inmate is eligible at an
3 earlier date, those inmates who have served a minimum of fifteen years in the
4 custody of the department for those crimes enumerated in this Section shall be
5 eligible to participate in a work release program during the last twelve months of
6 their terms.
7 * * *
8 Section 3. Code of Criminal Procedure Article 901.1 is hereby amended and
9 reenacted to read as follows:
10 Art. 901.1. Additional sanctions for probation revocation
11 A. Notwithstanding any other provision of law, when a defendant, who is a
12 first offender on probation with a suspended sentence for a term of seven years or
13 less at hard labor, or a second offender on probation and having never served time
14 in a state prison, has his probation revoked for any reason other than a subsequent
15 felony conviction, the court, upon the recommendation of the division of probation
16 and parole, may order that the offender be committed to the Department of Public
17 Safety and Corrections and be considered for participation in the intensive
18 incarceration and intensive parole supervision program as provided for in R.S.
19 15:574.4 R.S. 15:574.4.4 or R.S. 15:574.5. If the offender committed to the custody
20 of the department participates in an intensive incarceration program of an eligible
21 parish, the department shall reimburse the sheriff's office of the parish conducting
22 the program in the amount appropriated by the legislature.
23 B. If the imposition of the sentence was suspended, the defendant shall serve
24 the sentence imposed by the court at the revocation hearing. If the defendant is a
25 first offender and receives a sentence of seven years or less at hard labor, or a second
26 offender on probation and having never served time in a state prison, the court, upon
27 recommendation of the division of probation and parole, may order that the offender
28 be committed to the department and be considered for participation in the intensive
29 incarceration and intensive parole supervision program as provided for in R.S.
30 15:574.4 R.S. 15:574.4.4 or R.S. 15:574.5. If the offender committed to the custody
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1 of the department participates in an intensive incarceration program as provided for
2 in R.S. 15:574.5, the department shall reimburse the sheriff's office of the parish
3 conducting the program in the amount appropriated by the legislature.
4 Section 4. R.S. 15:574.2(C)(4) is hereby repealed in its entirety.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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