HLS 22RS-871 ORIGINAL
2022 Regular Session
HOUSE BILL NO. 404
BY REPRESENTATIVE NELSON
JUVENILES: Provide 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; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 14:30(C)(2) and 30.1(B) are hereby amended and reenacted and R.S.
914:30(C)(3) is hereby enacted to read as follows:
10 §30. First degree murder
11 * * *
12 C.
13 * * *
14 (2) If Except as provided in Paragraph (3) of this Subsection, if the district
15 attorney does not seek a capital verdict, the offender shall be punished by life
16 imprisonment at hard labor without benefit of parole, probation or suspension of
17 sentence. The provisions of Code of Criminal Procedure Article 782 relative to cases
18 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 of suspension of sentence.
4 §30.1. Second degree murder
5 * * *
6 B.(1) Whoever Except as provided in Paragraph (2) of this Subsection,
7 whoever commits the crime of second degree murder shall be punished by life
8 imprisonment at hard labor without benefit of parole, probation, or suspension of
9 sentence.
10 (2) If the offender was under the age of eighteen years at the time of the
11 commission of the offense, the offender shall be punished by life imprisonment at
12 hard labor without benefit of probation or suspension of sentence.
13 * * *
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) Except as provided in Paragraph (2) of this Subsection, and except
19 as provided in Paragraph (A)(5) and Subsections A, D, E, and H and F of this
20 Section, no prisoner serving a life sentence shall be eligible for parole consideration
21 until his life sentence has been commuted to a fixed term of years.
22 (b) No Except as provided in Subsection F of this Section, no prisoner
23 sentenced as a serial sexual offender shall be eligible for parole.
24 (c) No prisoner may be paroled while there is pending against him any
25 indictment or information for any crime suspected of having been committed by him
26 while a prisoner.
27 (d) Notwithstanding any other provisions of law to the contrary, except as
28 provided in Subsection F of this Section, a person convicted of a crime of violence
29 and not otherwise ineligible for parole shall serve at least sixty-five percent of the
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1 sentence imposed, before being eligible for parole. The victim or victim's family
2 shall be notified whenever the offender is to be released provided that the victim or
3 victim's family has completed a Louisiana victim notice and registration form as
4 provided in R.S. 46:1841 et seq., or has otherwise provided contact information and
5 has indicated to the Department of Public Safety and Corrections, Crime Victims
6 Services Bureau, that they desire such notification.
7 * * *
8 D.(1) Notwithstanding any provision of law to the contrary, any person
9 serving a sentence of life imprisonment who was under the age of eighteen years at
10 the time of the commission of the offense, except for a person serving a life sentence
11 for a conviction of first degree murder (R.S. 14:30) or second degree murder (R.S.
12 14:30.1), shall be eligible for parole consideration pursuant to the provisions of this
13 Subsection if all of the following conditions have been met:
14 (a) The offender has served twenty-five years of the sentence imposed.
15 (b) The offender has not committed any major disciplinary offenses in the
16 twelve consecutive months prior to the parole hearing date. A major disciplinary
17 offense is an offense identified as a Schedule B offense by the Department of Public
18 Safety and Corrections in the Disciplinary Rules and Procedures for Adult Offenders.
19 (c) The offender has completed the mandatory minimum of one hundred
20 hours of prerelease programming in accordance with R.S. 15:827.1.
21 (d) The offender has completed substance abuse treatment as applicable.
22 (e) The offender has obtained a GED certification, unless the offender has
23 previously obtained a high school diploma or is deemed by a certified educator as
24 being incapable of obtaining a GED certification due to a learning disability. If the
25 offender is deemed incapable of obtaining a GED certification, the offender shall
26 complete at least one of the following:
27 (i) A literacy program.
28 (ii) An adult basic education program.
29 (iii) A job skills training program.
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1 (f) The offender has obtained a low-risk level designation determined by a
2 validated risk assessment instrument approved by the secretary of the Department
3 of Public Safety and Corrections.
4 (g) The offender has completed a reentry program to be determined by the
5 Department of Public Safety and Corrections.
6 (h) If the offender was convicted of aggravated or first degree rape, he shall
7 be designated a sex offender and upon release shall comply with all sex offender
8 registration and notification provisions as required by law.
9 (2) For each offender eligible for parole consideration pursuant to the
10 provisions of this Subsection, the committee on parole shall meet in a three-member
11 panel, and each member of the panel shall be provided with and shall consider a
12 written evaluation of the offender by a person who has expertise in adolescent brain
13 development and behavior and any other relevant evidence pertaining to the
14 offender.
15 (3) The panel shall render specific findings of fact in support of its decision.
16 E.(1) Notwithstanding any provision of law to the contrary and except as
17 provided in Subsection G of this Section, any person serving a sentence of life
18 imprisonment for a conviction of first degree murder (R.S. 14:30) who was under the
19 age of eighteen years at the time of the commission of the offense and whose
20 indictment for the offense is on or after August 1, 2017, shall be eligible for parole
21 consideration pursuant to the provisions of this Subsection if a judicial determination
22 has been made that the person is entitled to parole eligibility pursuant to Code of
23 Criminal Procedure Article 878.1(A) and all of the following conditions have been
24 met:
25 (a) The offender has served twenty-five years of the sentence imposed.
26 (b) The offender has not committed any major disciplinary offenses in the
27 twelve consecutive months prior to the parole hearing date. A major disciplinary
28 offense is an offense identified as a Schedule B offense by the Department of Public
29 Safety and Corrections in the Disciplinary Rules and Procedures for Adult Offenders.
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1 (c) The offender has completed the mandatory minimum of one hundred
2 hours of prerelease programming in accordance with R.S. 15:827.1.
3 (d) The offender has completed substance abuse treatment as applicable.
4 (e) The offender has obtained a GED certification, unless the offender has
5 previously obtained a high school diploma or is deemed by a certified educator as
6 being incapable of obtaining a GED certification due to a learning disability. If the
7 offender is deemed incapable of obtaining a GED certification, the offender shall
8 complete at least one of the following:
9 (i) A literacy program.
10 (ii) An adult basic education program.
11 (iii) A job skills training program.
12 (f) The offender has obtained a low-risk level designation determined by a
13 validated risk assessment instrument approved by the secretary of the Department
14 of Public Safety and Corrections.
15 (g) The offender has completed a reentry program to be determined by the
16 Department of Public Safety and Corrections.
17 (2) For each offender eligible for parole consideration pursuant to the
18 provisions of this Subsection, the board shall meet in a three-member panel, and each
19 member of the panel shall be provided with and shall consider a written evaluation
20 of the offender by a person who has expertise in adolescent brain development and
21 behavior and any other relevant evidence pertaining to the offender.
22 (3) The panel shall render specific findings of fact in support of its decision.
23 F.(1) Notwithstanding any provision of law to the contrary and except as
24 provided in Subsection G of this Section, any person serving a sentence of life
25 imprisonment for a conviction of second degree murder (R.S. 14:30.1) who was
26 under the age of eighteen years at the time of the commission of the offense and
27 whose indictment for the offense is on or after August 1, 2017, shall be eligible for
28 parole consideration if all of the following conditions have been met:
29 (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 pre-release 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 G.(1) Notwithstanding any provision of law to the contrary, any person
28 serving a sentence of life imprisonment for a conviction of first degree murder (R.S.
29 14:30) or second degree murder (R.S. 14:30.1) who was under the age of eighteen
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1 years at the time of the commission of the offense and whose indictment for the
2 offense was prior to August 1, 2017, shall be eligible for parole consideration
3 pursuant to the provisions of this Subsection if a judicial determination has been
4 made that the person is entitled to parole eligibility pursuant to Code of Criminal
5 Procedure Article 878.1(B) and all of the following conditions have been met:
6 (a) The offender has served twenty-five years of the sentence imposed.
7 (b) The offender has not committed any major disciplinary offenses in the
8 twelve consecutive months prior to the parole hearing date. A major disciplinary
9 offense is an offense identified as a Schedule B offense by the Department of Public
10 Safety and Corrections in the Disciplinary Rules and Procedures for Adult Offenders.
11 (c) The offender has completed the mandatory minimum of one hundred
12 hours of pre-release programming in accordance with R.S. 15:827.1.
13 (d) The offender has completed substance abuse treatment as applicable.
14 (e) The offender has obtained a GED certification, unless the offender has
15 previously obtained a high school diploma or is deemed by a certified educator as
16 being incapable of obtaining a GED certification due to a learning disability. If the
17 offender is deemed incapable of obtaining a GED certification, the offender shall
18 complete at least one of the following:
19 (i) A literacy program.
20 (ii) An adult basic education program.
21 (iii) A job skills training program.
22 (f) The offender has obtained a low-risk level designation determined by a
23 validated risk assessment instrument approved by the secretary of the Department
24 of Public Safety and Corrections.
25 (g) The offender has completed a reentry program to be determined by the
26 Department of Public Safety and Corrections.
27 (2) For each offender eligible for parole consideration pursuant to the
28 provisions of this Subsection, the board shall meet in a three-member panel, and each
29 member of the panel shall be provided with and shall consider a written evaluation
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1 of the offender by a person who has expertise in adolescent brain development and
2 behavior and any other relevant evidence pertaining to the offender.
3 (3) The panel shall render specific findings of fact in support of its decision.
4 H.(1) Notwithstanding any provision of law to the contrary, an offender
5 serving a life sentence for second degree murder (R.S. 14:30.1), shall be eligible for
6 parole consideration pursuant to the provisions of this Subsection if all of the
7 following conditions are met:
8 (a) The offender committed the offense after July 2, 1973, and prior to
9 June 29, 1979.
10 (b) The offender has served at least forty years of the sentence imposed.
11 (2) An offender who has met the requirements of Paragraph (1) of this
12 Subsection and is granted a hearing before the committee on parole shall be released
13 on parole if a five member five-member panel of the committee vote votes
14 unanimously to grant parole.
15 I.E. On or before August 1, 2018, and no later than August first of each year
16 following, the Department of Public Safety and Corrections shall submit an annual
17 report to the legislature relative to offenders released from custody during the
18 preceding year pursuant to the provisions of this Section. This report shall include
19 the following information:
20 (1) The name and offender number of the paroled offender.
21 (2) The date on which the offender was released on parole.
22 (3) The offense for which the offender was incarcerated at the time of his
23 release, including whether the offense was a crime of violence as defined in R.S.
24 14:2(B) or a sex offense as defined in R.S. 15:541.
25 (4) A grid which shows the earliest release date that offenders would have
26 been eligible for release notwithstanding the provisions of Section 3 of Act No. 280
27 of the 2017 Regular Session of the Legislature.
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1 (5) Whether the offender obtained a GED certification or completed a
2 literacy program, an adult basic education program, or a job skills training program
3 before being paroled.
4 (6) Any information relative to juvenile offenders that is exempt from
5 release pursuant to a public records request or otherwise considered confidential by
6 law shall be redacted from the report provided for by this Subsection.
7 J.F.(1) Notwithstanding any provision of law to the contrary, and except as
8 provided in Subsections D, E, F, G, and H of this Section, and unless eligible at an
9 earlier date, any person serving a term or terms of imprisonment that result in a
10 period of incarceration of twenty-five years or more and who was under the age of
11 eighteen years at the time of the commission of the offense shall be eligible for
12 parole consideration pursuant to the provisions of this Subsection if all of the
13 following conditions have been met:
14 (a) The offender has served at least twenty-five years of the sentence
15 imposed.
16 (b) The offender has not committed any major disciplinary offenses in the
17 twelve consecutive months prior to the parole hearing date. A major disciplinary
18 offense is an offense identified as a Schedule B offense by the Department of Public
19 Safety and Corrections in the Disciplinary Rules and Procedures for Adult Offenders.
20 (c) The offender has completed the mandatory minimum of one hundred
21 hours of prerelease programming in accordance with R.S. 15:827.1.
22 (d) The offender has completed substance abuse treatment as applicable.
23 (e) The offender has obtained a GED certification, unless the offender has
24 previously obtained a high school diploma or is deemed by a certified educator as
25 being incapable of obtaining a GED certification due to a learning disability. If the
26 offender is deemed incapable of obtaining a GED certification, the offender shall
27 complete or completed at least one of the following:
28 (i) A literacy program.
29 (ii) An adult basic education program.
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1 (iii) A job skills training program.
2 (iv) A GED certification.
3 (f) The offender has obtained a low-risk level designation determined by a
4 validated risk assessment instrument approved by the secretary of the Department
5 of Public Safety and Corrections.
6 (g) The offender has completed a reentry program to be determined by the
7 Department of Public Safety and Corrections.
8 (2) For each offender eligible for parole consideration pursuant to the
9 provisions of this Subsection, the committee on parole shall meet in a three-member
10 panel, shall consider the impact that the lack of brain development in adolescence
11 has on culpability and behavior, a juvenile offender's unique ability to mature and
12 grow, and any other relevant evidence or testimony pertaining to the offender.
13 (3) The panel shall render specific findings of fact in support of its decision.
14 (4) The provisions of this Subsection shall not apply to a person serving a
15 sentence of life imprisonment for a conviction of R.S. 14:30, 30.1, 42, or 44 be
16 applicable both prospectively and retroactively to all persons under the age of
17 eighteen years at the time of the commission of the offense or offenses. The phrase
18 "term or terms of imprisonment" as used in this Subsection explicitly includes terms
19 of life imprisonment, consistent with its previous use and plain meaning.
20 * * *
21 Section 3. Code of Criminal Procedure Article 878.1 and R.S. 15:574.4(G), (H), (I),
22and (J) are hereby repealed in their entirety.
23 Section 4. This Act shall become effective upon signature by the governor or, if not
24signed by the governor, upon expiration of the time for bills to become law without signature
25by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
26vetoed by the governor and subsequently approved by the legislature, this Act shall become
27effective on the day following such approval.
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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 404 Original 2022 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)).
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
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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.
(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
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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
the 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 R.S. 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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