SLS 21RS-298 ENGROSSED
2021 Regular Session
SENATE BILL NO. 85
BY SENATOR ABRAHAM
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL JUSTICE. Provides relative to the rate at which certain prisoners earn "good
time". (gov sig)
1 AN ACT
2 To amend and reenact R.S. 15:571.3(B)(2)(a) and (c), relative to diminution of sentence for
3 good behavior; to provide that all prisoners convicted of certain offenses earn "good
4 time" at the same rate regardless of the date the offense was committed or the date
5 of conviction; to provide certain conditions for prisoners convicted before November
6 1, 2017; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 15:571.3(B)(2)(a) and (c) are hereby amended and reenacted to read
9 as follows:
10 ยง571.3. Diminution of sentence for good behavior
11 * * *
12 B. * * *
13 * * *
14 (2)(a) An offender convicted of a crime of violence as defined in R.S.
15 14:2(B), without a prior conviction of a crime of violence as defined in R.S. 14:2(B)
16 or a prior conviction of a sex offense as defined in R.S. 15:541, shall earn
17 diminution of sentence at a rate of one day for every three days in actual custody
Page 1 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 85
SLS 21RS-298 ENGROSSED
1 held on the imposed sentence, including time spent in custody with good behavior
2 prior to sentencing for the particular sentence imposed as authorized by Code of
3 Criminal Procedure Article 880.
4 * * *
5 (c) The (i) Except as provided in Item (ii) of this Subparagraph, the
6 provisions of this Paragraph shall apply only to offenders who commit an offense or
7 whose probation or parole is revoked on or after November 1, 2017.
8 (ii) The provisions of this Paragraph shall apply to an offender who
9 committed an offense or whose probation or parole was revoked prior to
10 November 1, 2017, if all of the following conditions are met:
11 (aa) The offender has not committed more than three disciplinary
12 offenses, as identified by the Department of Public Safety and Corrections in the
13 Disciplinary Rules and Procedures for Adult Offenders, during his
14 incarceration.
15 (bb) The offender has completed a certified treatment and rehabilitation
16 program, as provided for by R.S. 15:828, that is specifically related to the
17 offense for which the offender has been incarcerated.
18 (cc) The offender has either:
19 (1) Completed a one hundred hour standardized pre-release orientation
20 program, as provided for by R.S. 15:827.1.
21 (2) The offender has voluntarily participated in community service work
22 with charities outside of the correctional facility.
23 (dd)The offender has an excellent performance record in institutional
24 jobs or work while incarcerated.
25 * * *
26 Section 2. This Act shall become effective upon signature by the governor or, if not
27 signed by the governor, upon expiration of the time for bills to become law without signature
28 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
29 vetoed by the governor and subsequently approved by the legislature, this Act shall become
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 85
SLS 21RS-298 ENGROSSED
1 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 85 Engrossed 2021 Regular Session Abraham
Present law provides that a prisoner serving time for a felony crime of violence, without a
prior conviction of a crime of violence or sex offense, earns diminution of sentence for good
behavior, known as "good time," at a rate of one day for every three days in actual custody.
However, present law does not apply to an offender whose instant conviction is for a crime
of violence that is also listed in present law as a sex offense.
Present law applies only to a prisoner who committed the offense on or after November 1,
2017.
Proposed law retains present law and also makes the one-for-three good time rate applicable
to prisoners who committed an offense before November 1, 2017, provided the following
conditions are met:
(1)The offender has not committed more than three disciplinary offenses, as identified
by the Dept of Public Safety and Corrections in the Disciplinary Rules and
Procedures for Adult Offenders. during his incarceration.
(2)The offender has completed a certified treatment and rehabilitation program, as
provided for by present law, that is specifically related to the offense for which the
offender has been incarcerated.
(3)The offender has either:
(a)Completed a one hundred hour standardized pre-release orientation program,
as provided for by present law.
(b)Voluntarily participated in community service work with charities outside of
the correctional facility.
(4)The offender has an excellent performance record in institutional jobs or work while
incarcerated.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 15:571.3(B)(2)(a) and (c))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill
1. Add conditions that must be met by offenders who committed an offense
prior to 11/1/17 in order to be eligible for the increased good time rate
provided for by proposed law.
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.