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 321 Original 2022 Regular Session Boyd
Abstract: Creates an elderly parole program for eligible offenders.
Proposed law provides that any person sentenced to the custody of the Dept. of Public Safety and
Corrections (DPSC) may, upon referral by the department, be considered for elderly parole by the
committee on parole. Provides that consideration for elderly parole pursuant to the provisions of
proposed law shall be in addition to any other parole for which an inmate may be eligible.
Proposed law provides that the committee on parole shall establish the elderly parole program to be
administered by the DPSC. Provides that an offender eligible for consideration for release under the
program shall be any offender who meets all of the following conditions:
(1)Has attained the age of at least 70 years old.
(2)Has served more than 50% of the sentence imposed.
Proposed law provides that elderly parole shall not be available to any offender serving a sentence
for a conviction of first degree murder (R.S. 14:30) or second degree murder (R.S. 14:30.1) or an
offender who is awaiting execution.
Proposed law provides that no offender shall be recommended for parole pursuant to present law by
the DPSC until full consideration has been given to the offender's crime and criminal history, length
of time served in custody, institutional conduct, an indication that the offender represents a low risk
to himself or society, and a medical assessment of the offender's condition.
Proposed law provides that neither the DPSC nor the warden of the correctional facility shall
recommend that the offender's sentence be commuted for any reasons contemplated by proposed law.
Proposed law provides that the authority to grant elderly parole pursuant to proposed law shall rest
solely with the committee on parole, and the committee shall establish additional conditions of the
parole in accordance with the provisions of proposed law.
Proposed law provides that the committee on parole shall determine the risk to public safety and
shall grant elderly parole only after determining that the offender does not pose a threat to public
safety.
Proposed law provides that an offender who is denied elderly parole may apply for a rehearing within the time frame applicable to a denial of parole under any other provision of proposed law.
Proposed law provides that the parole term of an offender released on elderly parole shall be for the
remainder of the offender's sentence, without diminution of sentence for good behavior.
Proposed law provides that an offender's eligibility for elderly parole under proposed law shall not
interfere with his consideration for either medical parole or medical treatment furlough if he has been
designated as a permanently disabled offender or terminally ill offender as defined in present law
(R.S. 15:574.20).
Proposed law provides that the committee on parole shall promulgate such rules as are necessary to
effectuate proposed law, including rules relative to the conduct of elderly parole hearings and the
conditions of elderly parole release.
(Adds R.S. 15:574.20.1)