Louisiana 2022 2022 Regular Session

Louisiana House Bill HB654 Comm Sub / Analysis

                    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), 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:
(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.
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))