HLS 21RS-246 ORIGINAL
2021 Regular Session
HOUSE BILL NO. 254
BY REPRESENTATIVE NELSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
JUVENILES: Provides relative to parole eligibility for juvenile offenders
1 AN ACT
2To amend and reenact R.S. 14:30(C)(2) and 30.1(B) and R.S. 15:574.4(B)(1), (D), (E), and
3 (F), to enact R.S. 14:30(C)(3), and to repeal Code of Criminal Procedure Article
4 878.1 and R.S. 15:574.4(G), (H), (I), and (J), relative to parole eligibility for juvenile
5 offenders; to ensure parole eligibility for all juvenile offenders; to provide for an
6 effective date; to provide for prospective and retroactive application; and to provide
7 for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 14:30(C)(2) and 30.1(B) are hereby amended and reenacted and R.S.
1014:30(C)(3) is hereby enacted to read as follows:
11 §30. First degree murder
12 * * *
13 C.
14 * * *
15 (2) If the district attorney does not seek a capital verdict, except as provided
16 in Paragraph (3) of this Subsection, the offender shall be punished by life
17 imprisonment at hard labor without benefit of parole, probation or suspension of
18 sentence. The provisions of Code of Criminal Procedure Article 782 relative to cases
19 in which punishment is necessarily confinement at hard labor shall apply.
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1 (3) If the offender was under the age of eighteen years at the time of the
2 commission of the offense, the offender shall be punished by life imprisonment at
3 hard labor without benefit of probation or suspension of sentence.
4 * * *
5 §30.1. Second degree murder
6 * * *
7 B.(1) Whoever Except as provided in Paragraph (2) of this Subsection,
8 whoever commits the crime of second degree murder shall be punished by life
9 imprisonment at hard labor without benefit of parole, probation, or suspension of
10 sentence.
11 (2) If the offender was under the age of eighteen years at the time of the
12 commission of the offense, in which case the offender shall be punished by life
13 imprisonment at hard labor without benefit of probation or suspension of sentence.
14 Section 2. R.S. 15:574.4(B)(1), (D), (E), and (F) are hereby amended and reenacted
15to read as follows:
16 §574.4. Parole; eligibility; juvenile offenders
17 * * *
18 B.(1)(a) No Except as provided in Subsection F of this Section, no person
19 shall be eligible for parole consideration who has been convicted of armed robbery
20 and denied parole eligibility under the provisions of R.S. 14:64.
21 (b) Except as provided in Paragraph (2) of this Subsection, and except as
22 provided in Paragraph (A)(5) and Subsections D, E, and H F of this Section, no
23 prisoner serving a life sentence shall be eligible for parole consideration until his life
24 sentence has been commuted to a fixed term of years.
25 (c) No Except as provided in Subsection F of this Section, no prisoner
26 sentenced as a serial sexual offender shall be eligible for parole.
27 (d) No prisoner may be paroled while there is pending against him any
28 indictment or information for any crime suspected of having been committed by him
29 while a prisoner.
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1 (e) Notwithstanding any other provisions of law to the contrary, except as
2 provided in Subsection F of this Section, a person convicted of a crime of violence
3 and not otherwise ineligible for parole shall serve at least sixty-five percent of the
4 sentence imposed, before being eligible for parole. The victim or victim's family
5 shall be notified whenever the offender is to be released provided that the victim or
6 victim's family has completed a Louisiana victim notice and registration form as
7 provided in R.S. 46:1841 et seq., or has otherwise provided contact information and
8 has indicated to the Department of Public Safety and Corrections, Crime Victims
9 Services Bureau, that they desire such notification.
10 * * *
11 D.(1) Notwithstanding any provision of law to the contrary, any person
12 serving a sentence of life imprisonment who was under the age of eighteen years at
13 the time of the commission of the offense, except for a person serving a life sentence
14 for a conviction of first degree murder (R.S. 14:30) or second degree murder (R.S.
15 14:30.1), shall be eligible for parole consideration pursuant to the provisions of this
16 Subsection if all of the following conditions have been met:
17 (a) The offender has served twenty-five years of the sentence imposed.
18 (b) The offender has not committed any major disciplinary offenses in the
19 twelve consecutive months prior to the parole hearing date. A major disciplinary
20 offense is an offense identified as a Schedule B offense by the Department of Public
21 Safety and Corrections in the Disciplinary Rules and Procedures for Adult Offenders.
22 (c) The offender has completed the mandatory minimum of one hundred
23 hours of prerelease programming in accordance with R.S. 15:827.1.
24 (d) The offender has completed substance abuse treatment as applicable.
25 (e) The offender has obtained a GED certification, unless the offender has
26 previously obtained a high school diploma or is deemed by a certified educator as
27 being incapable of obtaining a GED certification due to a learning disability. If the
28 offender is deemed incapable of obtaining a GED certification, the offender shall
29 complete at least one of the following:
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1 (i) A literacy program.
2 (ii) An adult basic education program.
3 (iii) A job skills training program.
4 (f) The offender has obtained a low-risk level designation determined by a
5 validated risk assessment instrument approved by the secretary of the Department
6 of Public Safety and Corrections.
7 (g) The offender has completed a reentry program to be determined by the
8 Department of Public Safety and Corrections.
9 (h) If the offender was convicted of aggravated or first degree rape, he shall
10 be designated a sex offender and upon release shall comply with all sex offender
11 registration and notification provisions as required by law.
12 (2) For each offender eligible for parole consideration pursuant to the
13 provisions of this Subsection, the committee on parole shall meet in a three-member
14 panel, and each member of the panel shall be provided with and shall consider a
15 written evaluation of the offender by a person who has expertise in adolescent brain
16 development and behavior and any other relevant evidence pertaining to the
17 offender.
18 (3) The panel shall render specific findings of fact in support of its decision.
19 E.(1) Notwithstanding any provision of law to the contrary and except as
20 provided in Subsection G of this Section, any person serving a sentence of life
21 imprisonment for a conviction of first degree murder (R.S. 14:30) who was under the
22 age of eighteen years at the time of the commission of the offense and whose
23 indictment for the offense is on or after August 1, 2017, shall be eligible for parole
24 consideration pursuant to the provisions of this Subsection if a judicial determination
25 has been made that the person is entitled to parole eligibility pursuant to Code of
26 Criminal Procedure Article 878.1(A) and all of the following conditions have been
27 met:
28 (a) The offender has served twenty-five years of the sentence imposed.
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1 (b) The offender has not committed any major disciplinary offenses in the
2 twelve consecutive months prior to the parole hearing date. A major disciplinary
3 offense is an offense identified as a Schedule B offense by the Department of Public
4 Safety and Corrections in the Disciplinary Rules and Procedures for Adult Offenders.
5 (c) The offender has completed the mandatory minimum of one hundred
6 hours of prerelease programming in accordance with R.S. 15:827.1.
7 (d) The offender has completed substance abuse treatment as applicable.
8 (e) The offender has obtained a GED certification, unless the offender has
9 previously obtained a high school diploma or is deemed by a certified educator as
10 being incapable of obtaining a GED certification due to a learning disability. If the
11 offender is deemed incapable of obtaining a GED certification, the offender shall
12 complete at least one of the following:
13 (i) A literacy program.
14 (ii) An adult basic education program.
15 (iii) A job skills training program.
16 (f) The offender has obtained a low-risk level designation determined by a
17 validated risk assessment instrument approved by the secretary of the Department
18 of Public Safety and Corrections.
19 (g) The offender has completed a reentry program to be determined by the
20 Department of Public Safety and Corrections.
21 (2) For each offender eligible for parole consideration pursuant to the
22 provisions of this Subsection, the board shall meet in a three-member panel, and each
23 member of the panel shall be provided with and shall consider a written evaluation
24 of the offender by a person who has expertise in adolescent brain development and
25 behavior and any other relevant evidence pertaining to the offender.
26 (3) The panel shall render specific findings of fact in support of its decision.
27 F.(1) Notwithstanding any provision of law to the contrary and except as
28 provided in Subsection G of this Section, any person serving a sentence of life
29 imprisonment for a conviction of second degree murder (R.S. 14:30.1) who was
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1 under the age of eighteen years at the time of the commission of the offense and
2 whose indictment for the offense is on or after August 1, 2017, shall be eligible for
3 parole consideration if all of the following conditions have been met:
4 (a) The offender has served twenty-five years of the sentence imposed.
5 (b) The offender has not committed any major disciplinary offenses in the
6 twelve consecutive months prior to the parole hearing date. A major disciplinary
7 offense is an offense identified as a Schedule B offense by the Department of Public
8 Safety and Corrections in the Disciplinary Rules and Procedures for Adult Offenders.
9 (c) The offender has completed the mandatory minimum of one hundred
10 hours of pre-release programming in accordance with R.S. 15:827.1.
11 (d) The offender has completed substance abuse treatment as applicable.
12 (e) The offender has obtained a GED certification, unless the offender has
13 previously obtained a high school diploma or is deemed by a certified educator as
14 being incapable of obtaining a GED certification due to a learning disability. If the
15 offender is deemed incapable of obtaining a GED certification, the offender shall
16 complete at least one of the following:
17 (i) A literacy program.
18 (ii) An adult basic education program.
19 (iii) A job skills training program.
20 (f) The offender has obtained a low-risk level designation determined by a
21 validated risk assessment instrument approved by the secretary of the Department
22 of Public Safety and Corrections.
23 (g) The offender has completed a reentry program to be determined by the
24 Department of Public Safety and Corrections.
25 (2) For each offender eligible for parole consideration pursuant to the
26 provisions of this Subsection, the board shall meet in a three-member panel, and each
27 member of the panel shall be provided with and shall consider a written evaluation
28 of the offender by a person who has expertise in adolescent brain development and
29 behavior and any other relevant evidence pertaining to the offender.
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1 (3) The panel shall render specific findings of fact in support of its decision.
2 G.(1) Notwithstanding any provision of law to the contrary, any person
3 serving a sentence of life imprisonment for a conviction of first degree murder (R.S.
4 14:30) or second degree murder (R.S. 14:30.1) who was under the age of eighteen
5 years at the time of the commission of the offense and whose indictment for the
6 offense was prior to August 1, 2017, shall be eligible for parole consideration
7 pursuant to the provisions of this Subsection if a judicial determination has been
8 made that the person is entitled to parole eligibility pursuant to Code of Criminal
9 Procedure Article 878.1(B) and all of the following conditions have been met:
10 (a) The offender has served twenty-five years of the sentence imposed.
11 (b) The offender has not committed any major disciplinary offenses in the
12 twelve consecutive months prior to the parole hearing date. A major disciplinary
13 offense is an offense identified as a Schedule B offense by the Department of Public
14 Safety and Corrections in the Disciplinary Rules and Procedures for Adult Offenders.
15 (c) The offender has completed the mandatory minimum of one hundred
16 hours of pre-release programming in accordance with R.S. 15:827.1.
17 (d) The offender has completed substance abuse treatment as applicable.
18 (e) The offender has obtained a GED certification, unless the offender has
19 previously obtained a high school diploma or is deemed by a certified educator as
20 being incapable of obtaining a GED certification due to a learning disability. If the
21 offender is deemed incapable of obtaining a GED certification, the offender shall
22 complete at least one of the following:
23 (i) A literacy program.
24 (ii) An adult basic education program.
25 (iii) A job skills training program.
26 (f) The offender has obtained a low-risk level designation determined by a
27 validated risk assessment instrument approved by the secretary of the Department
28 of Public Safety and Corrections.
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1 (g) The offender has completed a reentry program to be determined by the
2 Department of Public Safety and Corrections.
3 (2) For each offender eligible for parole consideration pursuant to the
4 provisions of this Subsection, the board shall meet in a three-member panel, and each
5 member of the panel shall be provided with and shall consider a written evaluation
6 of the offender by a person who has expertise in adolescent brain development and
7 behavior and any other relevant evidence pertaining to the offender.
8 (3) The panel shall render specific findings of fact in support of its decision.
9 H.(1) Notwithstanding any provision of law to the contrary, an offender
10 serving a life sentence for second degree murder (R.S. 14:30.1), shall be eligible for
11 parole consideration pursuant to the provisions of this Subsection if all of the
12 following conditions are met:
13 (a) The offender committed the offense after July 2, 1973, and prior to
14 June 29, 1979.
15 (b) The offender has served at least forty years of the sentence imposed.
16 (2) An offender who has met the requirements of Paragraph (1) of this
17 Subsection and is granted a hearing before the committee on parole shall be released
18 on parole if a five member five-member panel of the committee vote votes
19 unanimously to grant parole.
20 I.E. On or before August 1, 2018, and no later than August first of each year
21 following, the Department of Public Safety and Corrections shall submit an annual
22 report to the legislature relative to offenders released from custody during the
23 preceding year pursuant to the provisions of this Section. This report shall include
24 the following information:
25 * * *
26 J.F.(1) Notwithstanding any provision of law to the contrary, and except as
27 provided in Subsections D, E, F, G, and H of this Section unless eligible at an earlier
28 date, any person serving a term or terms of imprisonment that result in a period of
29 incarceration of twenty-five years or more and who was under the age of eighteen
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1 years at the time of the commission of the offense shall be eligible for parole
2 consideration pursuant to the provisions of this Subsection if all of the following
3 conditions have been met:
4 * * *
5 (e) The offender has obtained a GED certification, unless the offender has
6 previously obtained a high school diploma or is deemed by a certified educator as
7 being incapable of obtaining a GED certification due to a learning disability. If the
8 offender is deemed incapable of obtaining a GED certification, the offender shall
9 complete or completed at least one of the following:
10 (i) A literacy program.
11 (ii) An adult basic education program.
12 (iii) A job skills training program.
13 (iv) A GED certification.
14 * * *
15 (4) The provisions of this Subsection shall not apply to a person serving a
16 sentence of life imprisonment for a conviction of R.S. 14:30, 30.1, 42, or 44 be
17 applicable both prospectively and retroactively to all persons under the age of
18 eighteen years at the time of the commission of the offense or offenses. As used in
19 this Subsection, "term or terms of imprisonment" includes a term or terms of life
20 imprisonment, consistent with its previous use and plain meaning.
21 * * *
22 Section 3. Code of Criminal Procedure Article 878.1 and R.S. 15:574.4(G), (H), (I),
23and (J) are hereby repealed in their entirety.
24 Section 4. The provisions of this Act shall be given prospective and retroactive
25application.
26 Section 5. This Act shall become effective upon signature by the governor or, if not
27signed by the governor, upon expiration of the time for bills to become law without signature
28by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
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1vetoed by the governor and subsequently approved by the legislature, this Act shall become
2effective on the day following such approval.
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 254 Original 2021 Regular Session Nelson
Abstract: Provides for parole eligibility for juvenile offenders.
Present law provides parole eligibility for certain juvenile offenders as follows:
(1) Any person serving a sentence of life imprisonment for a non-homicide offense
who was under the age of 18 years at the time of the commission of the offense, shall
be eligible for parole consideration upon serving 25 years of the sentence imposed
and meeting certain conditions set forth in present law. (R.S. 15:574.4(D))
(2)Any person serving a sentence of life imprisonment for a conviction of first
degree murder (R.S. 14:30) who was under the age of 18 years at the time of the
commission of the offense and whose indictment for the offense is on or after
Aug. 1, 2017, shall be eligible for parole consideration if a judicial determination
has been made that the person is entitled to parole eligibility, the offender has
served 25 years of the sentence imposed, and the offender meets certain conditions
set forth in present law. (R.S. 15:574.4(E))
(3)Any person serving a sentence of life imprisonment for a conviction of second
degree murder (R.S. 14:30.1) who was under the age of 18 years at the time of the
commission of the offense and whose indictment for the offense is on or after
Aug. 1, 2017, shall be eligible for parole consideration upon serving 25 years of the
sentence imposed and meeting certain conditions set forth in present law.
(R.S.15:574.4(F))
(4)Any person serving a sentence of life imprisonment for a conviction of first or
second degree murder (R.S. 14:30 or 30.1) who was under the age of 18 years at
the time of the commission of the offense and whose indictment for the offense was
prior to Aug. 1, 2017, shall be eligible for parole consideration if a judicial
determination has been made that the person is entitled to parole eligibility, the
offender has served 25 years of the sentence imposed, and the offender meets certain
conditions set forth in present law. (R.S. 15:574.4(G))
(5)Any person serving a term or terms of imprisonment that result in a period of
incarceration of 25 years or more and who was under the age of 18 years at the time
of the commission of the offense shall be eligible for parole consideration upon
serving at least 25 years of the sentence imposed and upon meeting certain
conditions set forth in present law. (R.S. 15:574.4(J))
Present law further specifies that parole eligibility pursuant to this provision of present law
(R.S.15:574.4(J)) does not apply to a person serving a sentence of life imprisonment for a
conviction of first degree murder (R.S. 14:30), second degree murder (R.S. 14:30.1),
aggravated or first degree rape (R.S. 14:42), or aggravated kidnapping (R.S. 14:44).
Proposed law eliminates life imprisonment without the benefit of parole for juveniles (R.S.
15:574.4(D) through (G)).
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Present law (R.S.15:574.4(J)) requires that an offender obtain a GED certification or requires
the offender to complete a literacy program, an adult basic education program, or a job skills
program if deemed incapable of obtaining a GED certification as one of the conditions
specified in present law that shall be met in order for the offender to be eligible for parole
consideration.
Proposed law amends present law to provide the option to obtain a GED certification or
complete a literacy program, an adult basic education program, or a job skills program as
one of the conditions specified in present law without having to be deemed incapable of
obtaining a GED certification.
Present law (C.Cr.P. Art. 878.1) requires a sentencing hearing to be held when an offender
is to be sentenced to life imprisonment for a conviction of first degree murder or second
degree murder where the offender was under the age of 18 at the time of the commission of
the offense, to determine whether the sentence shall be imposed with or without parole
eligibility in accordance with present law.
Present law provides that sentences imposed without parole eligibility should normally be
reserved for the worst offenders and the worst cases and present law provides for the
introduction of aggravating and mitigating evidence at the hearing.
Present law (C.Cr.P. Art. 878.1) provides:
(1)If an offender is indicted on or after Aug. 1, 2017, for the crime of first degree
murder where the offender was under the age of 18 years at the time of the
commission of the offense, then the district attorney may file a notice of intent to
seek a sentence of life imprisonment without the possibility of parole within 180
days after the indictment. If the district attorney timely files the notice of intent, a
hearing must be conducted to determine whether the sentence is to be imposed with
or without parole eligibility. If the court determines that the sentence is to be
imposed without parole eligibility, then the defendant is not eligible for parole. If
the court determines that the offender is eligible for parole or if the district attorney
fails to timely file the notice of intent, then the offender will be eligible for parole
pursuant to present law, which requires certain conditions to be met, including the
condition that the offender is required to serve 25 years of the sentence imposed.
(2)If an offender is indicted on or after Aug. 1, 2017, for the crime of second degree
murder where the offender was under the age of 18 years at the time of the
commission of the offense, then the offender is eligible for parole pursuant to present
law, which requires certain conditions to be met, including the condition that the
offender be required to serve 25 years of the sentence imposed.
(3)If an offender was indicted prior to Aug. 1, 2017, for the crime of first or second
degree murder where the offender was under the age of 18 at the time of the
commission of the offense and a hearing was not held prior to Aug. 1, 2017, to
determine whether the offender's sentence should be imposed with or without parole
eligibility, then the district attorney may file a notice of intent to seek a sentence a
life imprisonment without the possibility of parole within 90 days of Aug. 1, 2017.
If the district attorney timely files the notice of intent, a hearing is to be conducted
to determine whether the sentence is to be imposed with or without parole eligibility.
If the court determines that the sentence is to be imposed without parole eligibility,
then the offender is not eligible for parole. If the court determines that the sentence
is to be imposed with parole eligibility or if the district attorney fails to timely file
the notice of intent, then the offender will be eligible for parole pursuant to present
law, which requires certain conditions to be met, including the condition that the
offender serve 25 years of the sentence imposed.
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(4)If an offender was indicted prior to Aug. 1, 2017, for the crime of first or second
degree murder where the offender was under the age of 18 years at the time of the
commission of the offense and a hearing was held to determine whether the
offender's sentence should be imposed with or without parole eligibility, then the
following apply:
(a)If the court determined that the offender's sentence was to be imposed with
parole eligibility, then the offender is eligible for parole pursuant to present
law.
(b)If the court determined that the offender's sentence was to be imposed
without parole eligibility, then the offender is not be eligible for parole.
Present law provides that, with regard to the hearing for the judicial determination as to the
offender's parole eligibility:
(1)The admissibility of expert witness testimony in these matters is to be governed by
prior law (Code of Evidence).
(2)The sole purpose of the hearing is to determine whether the sentence will be imposed
with or without parole eligibility.
(3)The court must state for the record the considerations taken into account and the
factual basis for its determination.
Proposed law repeals present law (C.Cr.P. Art. 878.1).
Present law (R.S. 14:30) provides that if the district attorney does not seek a capital verdict
in a first degree murder case, the offender shall be punished by life imprisonment at hard
labor without benefit of parole, probation or suspension of sentence.
Present law (R.S. 14:30.1) further provides that whoever commits the crime of second
degree murder shall be punished by life imprisonment at hard labor without benefit of
parole, probation, or suspension of sentence.
Proposed law retains present law regarding first and second degree murder but specifies that
if the offender was under the age of 18 at the time of the commission of the offense, the
offender shall be punished by life imprisonment at hard labor without benefit of probation
or suspension of sentence.
Specifies that proposed law shall have retroactive and prospective application.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 14:30(C)(2) and 30.1(B) and 15:574.4(B)(1), (D), (E), and (F); Adds R.S.
14:30(C)(3); Repeals C.Cr.P. Art. 878.1 and R.S. 15:574.4(G), (H), (I), and (J))
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