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 479 Engrossed 2021 Regular Session Villio
Abstract: Removes exceptions related to diminution of sentence, reduces the rate of diminution for
certain offenders in the custody of the Dept. of Public Safety and Corrections (the
"department"), and removes parole eligibility for persons committed to the department for
an offense committed on or after Aug. 1, 2021.
Present law (R.S. 15:571.3(A)(1)) provides that every prisoner in a parish prison convicted of an
offense and sentenced to imprisonment without hard labor, except a prisoner convicted a second time
of a crime of violence, may earn a diminution of sentence, to be known as "good time", by good
behavior and performance of work or self-improvement activities, or both.
Present law further provides that the amount of diminution of sentence of certain prisoners in parish
prison shall be at the rate of 30 days for every 30 days in actual custody, except for a prisoner
convicted a first time of a crime of violence, who shall earn diminution of sentence at the rate of
three days for every 17 days in actual custody held on the imposed sentence, including, in either case,
time spent in custody with good behavior prior to sentencing for the particular sentence imposed as
authorized by present law (C.Cr.P. Art. 880).
Proposed law removes the exceptions for a prisoner in parish prison convicted a second time of a
crime of violence.
Present law (R.S. 15:571.3(B)(1)(a)) provides that every offender in the custody of the department
who has been convicted of a felony, except an offender convicted a second time of a crime of
violence, and sentenced to imprisonment for a stated number of years or months, may earn good time
in lieu of incentive wages. Those offenders serving life sentences will be credited with good time
earned which will be applied toward diminution of their sentences at such time as the life sentences
might be commuted to a specific number of years.
Proposed law removes the exception for an offender in the custody of the department convicted a
second time of a crime of violence.
Present law provides that the amount of diminution of sentence allowed to certain offenders in the
custody of the department shall be at the rate of 13 days for every seven days in actual custody served
on the imposed sentence, including time spent in custody with good behavior prior to sentencing for
the particular sentence imposed.
Proposed law changes the amount of diminution from a rate of 13 days for every seven days in actual custody to three days for every 17 days in actual custody.
Proposed law shall apply only to certain offenders in the custody of the department who commit an
offense on or after Aug. 1, 2021.
Present law (R.S. 15:571.3(B)(1)(b)) provides that present law provisions relative to good time for
certain offenders in the custody of the department shall be applicable to offenders convicted of
offenses on or after Jan. 1, 1992, and who are not serving a sentence for a sex offense or a crime of
violence.
Proposed law repeals present law.
Present law (R.S. 15:571.3(B)(2)(a)) provides that an offender in the custody of the department
convicted of a crime of violence, without a prior conviction of a crime of violence or a sex offense,
shall earn diminution of sentence at a rate of one day for every three days in actual custody held on
the imposed sentence, including time spent in custody with good behavior prior to sentencing for the
particular sentence imposed. Present law does not apply to an offender if his instant conviction is
for a crime that is listed both as a crime of violence and a sex offense.
Present law applies only to offenders who commit an offense or whose probation or parole is
revoked on or after Nov. 1, 2017.
Proposed law repeals present law.
Present law (R.S. 15:571.3(C) and (D)) provides that diminution of sentence shall not be allowed
an inmate if he has been sentenced as an habitual offender, if the trial court prohibits the earning of
such diminution of sentence of a person convicted of stalking, if the instant offense is a second
offense crime of violence, or if the instant offense is a sex offense.
Proposed law repeals present law.
Present law (R.S. 15:574.4) provides conditions and criteria for parole eligibility for certain
offenders, including juvenile offenders.
Proposed law provides that any person committed to the department for an offense committed on or
after Aug. 1, 2021, shall not be eligible for parole.
Proposed law creates an exception to proposed law and allows parole for 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 pursuant to the provisions of
this Subsection if a judicial determination has been made that the person is entitled to parole
eligibility pursuant to C.Cr.P. Art. 878.1(A) and all of the following conditions have been met:
(1) The offender has served 25 years of the sentence imposed. (2)The offender has not committed any major disciplinary offenses in the 12 consecutive
months prior to the parole hearing date.
(3)The offender has completed the mandatory minimum of 100 hours of prerelease
programming.
(4) The offender has completed substance abuse treatment as applicable.
(5) The offender has obtained a GED certification, unless the offender has previously obtained
a high school diploma or is deemed by a certified educator as being incapable of obtaining
a GED certification due to a learning disability.
(6)The offender has obtained a low-risk level designation determined by a validated risk
assessment instrument approved by the secretary of the Dept. of Public Safety and
Corrections.
(7) The offender has completed a reentry program to be determined by the Dept. of Public Safety
and Corrections.
(Amends R.S. 15:571.3(A)(1) and (B); Adds R.S. 15:574.4(K) and 574.22; Repeals R.S. 15:571.3(C)
and (D))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill:
1. Allow the possibility of parole for persons under the age of 18 who committed first
degree murder, who have served at least 25 years of service, and who meet certain other
conditions of present law.