HLS 22RS-1061 ORIGINAL
2022 Regular Session
HOUSE BILL NO. 654
BY REPRESENTATIVE BRYANT
PAROLE: Provides relative to parole
1 AN ACT
2To amend and reenact R.S. 15:574.4(A)(1)(a) and (5)(a), (E)(1), (F)(1), and (G)(1), and
3 574.12(B) and to enact R.S. 15:574.4(A)(7) and (8), relative to parole; to provide
4 relative to parole eligibility; to provide relative to applicability; to provide relative
5 to offenses committed prior to, on, or after certain dates; to provide relative to
6 committee on parole hearings; to provide relative to parole supervision; to provide
7 relative to reports; to provide relative to documentation; and to provide for related
8 matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 15:574.4(A)(1)(a) and (5)(a), (E)(1), (F)(1), and (G)(1), and
11574.12(B) are hereby amended and reenacted and R.S. 15:574.4(A)(7) and (8) are hereby
12enacted to read as follows:
13 §574.4. Parole; eligibility; juvenile offenders
14 A.(1)(a) Unless eligible at an earlier date, a person otherwise eligible for
15 parole shall be eligible for parole consideration upon serving twenty-five percent of
16 the sentence imposed. The provisions of this Subparagraph shall not apply to any
17 person whose instant offense is a crime of violence as defined in R.S. 14:2(B), a sex
18 offense as defined in R.S. 15:541, or any offense which would constitute a crime of
19 violence as defined in R.S. 14:2(B) or a sex offense as defined in R.S. 15:541,
20 regardless of the date of conviction. Notwithstanding any provisions of law to the
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1 contrary, the provisions of this Subparagraph shall be applicable to persons convicted
2 of offenses prior to and on or after November 1, 2017.
3 * * *
4 (iii) The provisions of this Subparagraph shall be applicable only to persons
5 who commit an offense or whose probation or parole is revoked on or after
6 November 1, 2017.
7 * * *
8 (5)(a) Notwithstanding the provisions of Paragraph (A)(1) or Subsection B
9 of this Section or any other provision of law to the contrary, a person committed to
10 the Department of Public Safety and Corrections shall be eligible for parole
11 consideration upon serving fifteen years in actual custody if all both of the following
12 conditions are met:
13 (i) The person was not eligible for parole consideration at an earlier date.
14 (ii) The person was sentenced to life imprisonment without parole,
15 probation, or suspension of sentence for the instant offense and the instant offense
16 was committed between June 29, 1995, and June 15, 2001.
17 (iii) The person is eligible for relief under R.S. 15:308, including a person
18 serving a life sentence with or without additional terms of years.
19 * * *
20 (7) Notwithstanding the provisions of this Section or any other provision of
21 law to the contrary, a person committed to the Department of Public Safety and
22 Corrections shall be eligible for parole consideration upon serving twenty years in
23 actual custody if the person was not eligible for parole consideration at an earlier
24 date. This provision shall not apply to a person serving a life sentence unless the
25 sentence has been commuted to a fixed term of years.
26 (8)(a) The provisions of this Subparagraph shall not apply to any person
27 whose instant offense is a crime of violence as defined in R.S. 14:2(B), a sex offense
28 as defined in R.S. 15:51, or any offense which would constitute a crime of violence
29 as defined in R.S. 14:2(B) or a sex offense as defined in R.S. 15:541. All other
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1 offenders eligible for parole consideration pursuant to the provisions of this Section
2 shall be released from incarceration to parole supervision on the offender's parole
3 eligibility date, without a hearing before the committee on parole, if all of the
4 following have occurred:
5 (i) The committee on parole, has determined, based on the committee's
6 objective guidelines, which include consideration of the nature of the offender's
7 conviction, the offender's institutional programming or treatment, and the offender's
8 risk assessment, that the offender has met the requirements of release to parole
9 supervision.
10 (ii) A victim of the offense has not requested the committee conduct a
11 hearing.
12 (iii) The offender has not committed any major disciplinary offenses in the
13 twelve consecutive months prior to the parole hearing date. A major disciplinary
14 offense is an offense identified as a Schedule B offense by the Department of Public
15 Safety and Corrections in the Disciplinary Rules and Procedures for Adult Offenders.
16 (iv) The offender has agreed to the conditions of supervision.
17 (v) The offender has a discharge plan approved by the committee on parole.
18 (b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,
19 any offender eligible for parole consideration pursuant to the provisions of
20 Subparagraph (a) of this Paragraph for whom there is insufficient information for the
21 committee on parole to determine whether the offender has met the requirements of
22 release to parole supervision shall be granted a hearing with the committee on parole.
23 (c) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,
24 a hearing shall be held with the committee on parole if requested by the victim.
25 (d) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,
26 a hearing shall be held by the committee on parole if a law enforcement official from
27 the community where the offender plans to return contacts the committee and
28 requests a hearing to consider information relevant to public safety risks posed by
29 the offender if paroled at the initial parole eligibility date. The law enforcement
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1 official shall submit an explanation documenting these concerns for the committee
2 to consider.
3 * * *
4 E.(1) Notwithstanding any provision of law to the contrary and except as
5 provided in Subsection G of this Section, any person serving a sentence of life
6 imprisonment for a conviction of first degree murder (R.S. 14:30) who was under the
7 age of eighteen years at the time of the commission of the offense and whose
8 indictment for the offense is on or after August 1, 2017, shall be eligible for parole
9 consideration pursuant to the provisions of this Subsection if a judicial determination
10 has been made that the person is entitled to parole eligibility pursuant to Code of
11 Criminal Procedure Article 878.1(A) and all of the following conditions have been
12 met:
13 (a) The offender has served twenty-five years of the sentence imposed.
14 (b) The offender has not committed any major disciplinary offenses in the
15 twelve consecutive months prior to the parole hearing date. A major disciplinary
16 offense is an offense identified as a Schedule B offense by the Department of Public
17 Safety and Corrections in the Disciplinary Rules and Procedures for Adult Offenders.
18 (c) The offender has completed the mandatory minimum of one hundred
19 hours of prerelease programming in accordance with R.S. 15:827.1.
20 (d) The offender has completed substance abuse treatment as applicable.
21 (e) The offender has obtained a GED certification, unless the offender has
22 previously obtained a high school diploma or is deemed by a certified educator as
23 being incapable of obtaining a GED certification due to a learning disability. If the
24 offender is deemed incapable of obtaining a GED certification, the offender shall
25 complete at least one of the following:
26 (i) A literacy program.
27 (ii) An adult basic education program.
28 (iii) A job skills training program.
29 * * *
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1 F.(1) Notwithstanding any provision of law to the contrary and except as
2 provided in Subsection G of this Section, any person serving a sentence of life
3 imprisonment for a conviction of second degree murder (R.S. 14:30.1) who was
4 under the age of eighteen years at the time of the commission of the offense and
5 whose indictment for the offense is on or after August 1, 2017, shall be eligible for
6 parole consideration if all of the following conditions have been met:
7 (a) The offender has served twenty-five years of the sentence imposed.
8 (b) The offender has not committed any major disciplinary offenses in the
9 twelve consecutive months prior to the parole hearing date. A major disciplinary
10 offense is an offense identified as a Schedule B offense by the Department of Public
11 Safety and Corrections in the Disciplinary Rules and Procedures for Adult Offenders.
12 (c) The offender has completed the mandatory minimum of one hundred
13 hours of pre-release programming in accordance with R.S. 15:827.1.
14 (d) The offender has completed substance abuse treatment as applicable.
15 (e) The offender has obtained a GED certification, unless the offender has
16 previously obtained a high school diploma or is deemed by a certified educator as
17 being incapable of obtaining a GED certification due to a learning disability. If the
18 offender is deemed incapable of obtaining a GED certification, the offender shall
19 complete at least one of the following:
20 (i) A literacy program.
21 (ii) An adult basic education program.
22 (iii) A job skills training program.
23 (f) The offender has obtained a low-risk level designation determined by a
24 validated risk assessment instrument approved by the secretary of the Department
25 of Public Safety and Corrections.
26 (g) The offender has completed a reentry program to be determined by the
27 Department of Public Safety and Corrections.
28 * * *
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1 G.(1) Notwithstanding any provision of law to the contrary, any person
2 serving a sentence of life imprisonment for a conviction of first degree murder (R.S.
3 14:30) or second degree murder (R.S. 14:30.1) who was under the age of eighteen
4 years at the time of the commission of the offense and whose indictment for the
5 offense was prior to August 1, 2017, shall be eligible for parole consideration
6 pursuant to the provisions of this Subsection if a judicial determination has been
7 made that the person is entitled to parole eligibility pursuant to Code of Criminal
8 Procedure Article 878.1(B) and all of the following conditions have been met:
9 (a) The offender has served twenty-five years of the sentence imposed.
10 (b) The offender has not committed any major disciplinary offenses in the
11 twelve consecutive months prior to the parole hearing date. A major disciplinary
12 offense is an offense identified as a Schedule B offense by the Department of Public
13 Safety and Corrections in the Disciplinary Rules and Procedures for Adult Offenders.
14 (c) The offender has completed the mandatory minimum of one hundred
15 hours of pre-release programming in accordance with R.S. 15:827.1.
16 (d) The offender has completed substance abuse treatment as applicable.
17 (e) The offender has obtained a GED certification, unless the offender has
18 previously obtained a high school diploma or is deemed by a certified educator as
19 being incapable of obtaining a GED certification due to a learning disability. If the
20 offender is deemed incapable of obtaining a GED certification, the offender shall
21 complete at least one of the following:
22 (i) A literacy program.
23 (ii) An adult basic education program.
24 (iii) A job skills training program.
25 (f) The offender has obtained a low-risk level designation determined by a
26 validated risk assessment instrument approved by the secretary of the Department
27 of Public Safety and Corrections.
28 (g) The offender has completed a reentry program to be determined by the
29 Department of Public Safety and Corrections.
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1 * * *
2 §574.12. Information as to offenders and ex-offenders; confidentiality
3 * * *
4 B.(1) Information may be released upon request without special
5 authorization, subject to other restrictions that may be imposed by federal law or by
6 other provisions of state law, to the committee on parole, Board of Pardons, the
7 governor, the sentencing judge, counsel for the juvenile in a delinquency matter, a
8 district attorney or law enforcement agency, the personnel and legal representatives
9 of the Department of Public Safety and Corrections, corrections services and youth
10 services, including student interns, appropriate governmental agencies, or officials
11 when access to such information is imperative for discharge of the responsibilities
12 of the requesting agency, official, or court officer and the information is not
13 reasonably available through any other means, and court officers with court orders
14 specifying the information requested.
15 (2) Notwithstanding the provisions of Paragraph(1) of this Subsection, a
16 copy of the pre-parole report, any accompanying documentation to be considered by
17 the committee on parole, and any preliminary or final findings of the committee on
18 parole shall be provided to the offender, and his legal representative, in accordance
19 with Louisiana Administrative Code 22:XI.701. except for those documents withheld
20 from the offender under Louisiana Administrative Code 22:1.101(K)(3).
21 * * *
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 654 Original 2022 Regular Session Bryant
Abstract: Provides relative to parole eligibility.
Present law provides that a person otherwise eligible for parole shall be eligible for parole
consideration upon serving 25% of the sentence imposed.
Present law does not apply to any person whose instant offense is a crime of violence as
defined in present law (R.S. 14:2(B)), a sex offense as defined in present law (R.S. 15:541),
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or any offense which would constitute a crime of violence or sex offense as defined in
present law, regardless of the date of conviction.
Proposed law retains present law.
Present law applies to persons convicted of offenses prior to and on or after Nov. 1, 2017.
Proposed law repeals present law.
Present law provides that a person, otherwise eligible for parole, whose instant offense is a
second conviction of a crime of violence as defined in present law (R.S. 14:2(B)) or a first
or second conviction of a sex offense as defined in present law (R.S. 15:541) shall be eligible
for parole consideration upon serving 75% of the sentence imposed.
Present law provides that a person convicted a third or subsequent time of a crime of
violence as defined present law (R.S. 14:2(B)) or a third or subsequent time of a sex offense
as defined in present law (R.S. 15:541) shall not be eligible for parole.
Proposed law retains present law.
Present law applies only to persons who commit an offense or whose probation or parole is
revoked on or after Nov. 1, 2017.
Proposed law repeals present law.
Present law provides that a person committed to the Dept. of Public Safety and Corrections
shall be eligible for parole consideration upon serving 15 years in actual custody if all of the
following conditions are met:
(1)The person was not eligible for parole consideration at an earlier date.
(2)The person was sentenced to life imprisonment without parole, probation, or
suspension of sentence for the instant offense and the instant offense was committed
between June 29, 1995, and June 15, 2001.
(3)The person is eligible for relief under present law (R.S. 15:308), including a person
serving a life sentence with or without additional terms of years.
Proposed law deletes the present law condition that a person be sentenced to life
imprisonment without parole, probation, or suspension of sentence for an instant offense
committed between June 29, 1995, and June 15, 2001.
Proposed law provides that a person committed to the Dept. of Public Safety and Corrections
shall be eligible for parole consideration upon serving 20 years in actual custody if the
person was not eligible for parole consideration at an earlier date. Provides that proposed
law shall not apply to a person serving a life sentence unless the sentence has been
commuted to a fixed term of years.
Proposed law does not apply to any person whose instant offense is a crime of violence as
defined in present law (R.S. 14:2(B)), a sex offense as defined in present law (R.S. 15:51),
or any offense which would constitute a crime of violence or sex offense as defined in
present law.
Proposed law provides that all other offenders eligible for parole consideration pursuant to
proposed law shall be released from incarceration to parole supervision on the offender's
parole eligibility date, without a hearing before the committee on parole, if all of the
following have occurred:
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(1) The committee on parole, has determined, based on the committee's objective
guidelines, which include consideration of the nature of the offender's conviction, the
offender's institutional programming or treatment, and the offender's risk assessment, that
the offender has met the requirements of release to parole supervision.
(2) A victim of the offense has not requested the committee conduct a hearing.
(3) The offender has not committed any major disciplinary offenses in the 12 consecutive
months prior to the parole hearing date. A major disciplinary offense is an offense identified
as a Schedule B offense by the Dept. of Public Safety and Corrections in the Disciplinary
Rules and Procedures for Adult Offenders.
(4) The offender has agreed to the conditions of supervision.
(5) The offender has a discharge plan approved by the committee on parole.
Proposed law provides that any offender eligible for parole consideration pursuant to
proposed law for whom there is insufficient information for the committee on parole to
determine whether the offender has met the requirements of release to parole supervision
shall be granted a hearing with the committee on parole.
Proposed law provides that a hearing shall be held with the committee on parole if requested
by the victim.
Proposed law provides that a hearing shall be held by the committee on parole if a law
enforcement official from the community where the offender plans to return contacts the
committee and requests a hearing to consider information relevant to public safety risks
posed by the offender if paroled at the initial parole eligibility date. Provides that the law
enforcement official shall submit an explanation documenting these concerns for the
committee to consider.
Present law provides that 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 present law if a judicial determination
has been made that the person is entitled to parole eligibility pursuant to present law (C.Cr.P.
Art. 878.1(A)) and various conditions have all been met.
Proposed law amends present law to remove the condition that a person's indictment for the
offense be on or after Aug. 1, 2017.
Present law provides that 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 if various conditions have all been met.
Proposed law amends present law to remove the condition that a person's indictment for the
offense be on or after Aug. 1, 2017.
Present law provides that any person serving a sentence of life imprisonment for a conviction
of first degree murder (R.S. 14:30) or 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 was prior to Aug. 1, 2017, shall be eligible for parole consideration pursuant to
present law if a judicial determination has been made that the person is entitled to parole
eligibility pursuant to present law (C.Cr.P. Art. 878.1(B)) and various conditions have all
been met.
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Proposed law deletes the present law condition that a person's indictment for the offense be
prior to Aug. 1, 2017.
Present law provides that information may be released upon request without special
authorization, subject to restrictions.
Proposed law retains present law.
Proposed law provides that a copy of the pre-parole report, any accompanying
documentation to be considered by the committee on parole, and any preliminary or final
findings of the committee on parole shall be provided to the offender, and his legal
representative, in accordance with the La. Administrative Code, except for those documents
withheld from the offender under the La. Administrative Code.
(Amends R.S. 15:574.4(A)(1)(a) and (5)(a), (E)(1), (F)(1), and (G)(1), and 574.12(B); Adds
R.S. 15:574.4(A)(7) and (8))
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