RÉSUMÉ DIGEST
ACT 140 (HB 265) 2022 Regular Session Villio
Existing law provides for the powers and duties of the committee on parole.
Prior law provided that one of the powers and duties of the committee on parole was to notify
the victim, or the spouse or next of kin of a deceased victim, when the offender was
scheduled for a parole hearing. Required the notification to be in writing and sent no less
than 60 days prior to the hearing date and that the notice advise the victim, or the spouse or
next of kin of a deceased victim, of their rights with regard to the hearing.
New law amends prior law and provides that the notification shall be in writing and sent by
mail or electronic communications no less than 60 days prior to the hearing date. Provides
that the notice shall advise the victim, or the spouse or next of kin of a deceased victim, how
to obtain information about their rights with regard to the hearing.
Existing law provides that one of the powers and duties of the committee on parole is to
notify the victim, or the spouse or next of kin of a deceased victim, of those offenders
eligible for release pursuant to existing law. Provides that the notification shall meet all
requirements set forth in existing law except that it shall give notice of the offender's
administrative parole eligibility date and be sent no less than 90 days prior to the offender's
administrative parole eligibility date.
Existing law further provides that if the offender's charge or amended charge on the bill of
information was a crime of violence as defined in existing law or a sex offense as defined
in existing law, the victim, or the spouse or next of kin of a deceased victim, shall have 30
days from the date of notification to object to the offender's release on administrative parole
and may request that the committee on parole conduct a hearing.
New law amends existing law to provide that notice by electronic communications is allowed
only in instances where the victim has opted-in to such form of notification during the
registration process and is complete upon transmission.
Existing law provides for advance notification by the clerk of court to a victim or designated
family member concerning judicial proceedings and the right to be present.
New law retains existing law and adds notification for a probation hearing.
Existing law provides for the duties of the DPS&C.
Existing law provides that one of the powers and duties of the DPS&C, at the time of the
appeal, discharge, or parole of an inmate, including a juvenile inmate, is to notify the victim,
family member, or witness, by certified mail of such appeal or release upon filing of a victim
notice and registration form by a victim or a family member, or a witness.
New law amends existing law to provide that one of the powers and duties of the DPS&C,
at the time of the appeal, discharge, or parole of an inmate, including a juvenile inmate, is
to notify all registered persons by mail or electronic communications of such appeal or
release.
New law provides that the DPS&C shall notify the victim or the victim's family, all persons
who have filed a victim registration and notification form, the appropriate law enforcement
agency, and the appropriate district attorney no later than 60 days prior to release of an
inmate who has been convicted of a crime of violence or a sex offense as provided in present
law.
New law provides that notice by electronic communications is allowed only in instances
where the victim has opted-in to such form of notification during the registration process and
is complete upon transmission.
Existing law provides that in the event of an escape or absconding by an inmate, including
a juvenile inmate, from any facility under the jurisdiction of the DPS&C, corrections
services, it shall be the duty of the department to immediately notify the victim, family member of the victim, or witness, at the most current address or phone number on file with
the department, of the escape by the most reasonable and expedient means possible.
New law amends existing law to provide that the DPS&C shall have the duty to immediately
notify the victim, family member of the victim, or witness, at the most current address or
phone number on file with the department, and via electronic communication, of the escape
by the most reasonable and expedient means possible.
New law provides that notice by electronic communications is complete upon transmission.
Existing law provides that a victim or victim's family shall have the right to make written and
oral statements as to the impact of the crime at any hearing before the Bd. of Pardons or
committee on parole and to rebut any statements or evidence introduced by the inmate or
defendant. Provides that the victim or the victim's family, a victim advocacy group, and the
district attorney or his representative may also appear before the board or committee in
person or by means of telephone communication from the office of the local district attorney.
New law amends existing law to provide that the victim or the victim's family, a victim
advocacy group, and the district attorney or his representative may also appear before the
board or committee in person or by means of teleconference or telephone communication.
Effective August 1, 2022.
(Amends R.S. 15:574.2(D)(9) and R.S. 46:1844(B), (N)(2) and (3), and (O)(1))