HLS 23RS-252 ENGROSSED
2023 Regular Session
HOUSE BILL NO. 147
BY REPRESENTATIVES WRIGHT AND VILLIO
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PAROLE: Provides relative to the time period for disciplinary offenses prior to an offender
being considered for parole
1 AN ACT
2To amend and reenact R.S. 15:592.2(B)(3), 574.2(C)(2)(b), and 574.4(A)(4)(b),
3 (B)(2)(a)(iii), (b)(iii), (c)(iii), and (d)(iii), (D)(1)(b), (E)(1)(b), (F)(1)(b), (G)(1)(b),
4 and (J)(1)(b), relative to parole; to provide relative to parole eligibility; to provide
5 relative to the time period for disciplinary offenses prior to parole eligibility and
6 hearing date; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 15:592.2(B)(3), 574.2(C)(2)(b), and 574.4(A)(4)(b), (B)(2)(a)(iii),
9(b)(iii), (c)(iii), and (d)(iii), (D)(1)(b), (E)(1)(b), (F)(1)(b), (G)(1)(b), and (J)(1)(b) are hereby
10amended and reenacted to read as follows:
11 §529.2. Intensive parole supervision for certain habitual offenders
12 * * *
13 B. The secretary may release offenders pursuant to the provisions of this
14 Section only if all of the following conditions exist:
15 * * *
16 (3) The offender has not committed any major disciplinary offenses in the
17 twelve twenty-four consecutive months prior to release.
18 * * *
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1 §574.2. Committee on parole, Board of Pardons; membership; qualifications;
2 vacancies; compensation; domicile; venue; meetings; quorum; panels;
3 powers and duties; transfer of property to committee; representation of
4 applicants before the committee; prohibitions
5 * * *
6 C.
7 * * *
8 (2) Except in cases where the offender is released pursuant to Paragraph (4)
9 of this Subsection, the The committee may grant parole with two votes of a three-
10 member panel, or, if the number exceeds a three-member panel, a majority vote of
11 those present if all of the following conditions are met:
12 * * *
13 (b) The offender has not committed any major disciplinary offenses in the
14 twelve twenty-four consecutive months prior to the parole eligibility date. A major
15 disciplinary offense is an offense identified as a Schedule B offense by the
16 Department of Public Safety and Corrections in the Disciplinary Rules and
17 Procedures of Adult Offenders.
18 * * *
19 §574.4. Parole; eligibility; juvenile offenders
20 A.
21 * * *
22 (4) Notwithstanding any other provision of law to the contrary, unless
23 eligible for parole at an earlier date, a person committed to the Department of Public
24 Safety and Corrections for a term or terms of imprisonment with or without benefit
25 of parole who has served at least ten years of the term or terms of imprisonment in
26 actual custody shall be eligible for parole consideration upon reaching the age of
27 sixty years if all of the following conditions are met:
28 * * *
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HB NO. 147
1 (b) The offender has not committed any major disciplinary offenses in
2 twelve twenty-four consecutive months prior to the parole hearing date. A major
3 disciplinary offense is an offense identified as a Schedule B offense by the
4 Department of Public Safety and Corrections in the Disciplinary Rules and
5 Procedures for Adult Offenders.
6 * * *
7 B.
8 * * *
9 (2) Notwithstanding any provision of law to the contrary, any person serving
10 a life sentence, with or without the benefit of parole, who has not been convicted of
11 a crime of violence as defined by R.S. 14:2(B), a sex offense as defined by R.S.
12 15:541, or an offense, regardless of the date of conviction, which would constitute
13 a crime of violence as defined by R.S. 14:2(B) or a sex offense as defined by R.S.
14 15:541, shall be eligible for parole consideration as follows:
15 (a) If the person was at least eighteen years of age and under the age of
16 twenty-five years at the time he was sentenced to life imprisonment, he shall be
17 eligible for parole consideration if all of the following conditions have been met:
18 * * *
19 (iii) The person has not committed any major disciplinary offenses in the
20 twelve twenty-four consecutive months prior to the parole hearing date. A major
21 disciplinary offense is an offense identified as a Schedule B offense by the
22 Department of Public Safety and Corrections in the Disciplinary Rules and
23 Procedures for Adult Offenders.
24 * * *
25 (b) If the person was at least twenty-five years of age and under the age of
26 thirty-five years at the time he was sentenced to life imprisonment, he shall be
27 eligible for parole consideration if all of the following conditions have been met:
28 * * *
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1 (iii) The person has not committed any major disciplinary offenses in the
2 twelve twenty-four consecutive months prior to the parole hearing date. A major
3 disciplinary offense is an offense identified as a Schedule B offense by the
4 Department of Public Safety and Corrections in the Disciplinary Rules and
5 Procedures for Adult Offenders.
6 * * *
7 (c) If the person was at least thirty-five years of age and under the age of
8 fifty years at the time he was sentenced to life imprisonment, he shall be eligible for
9 parole consideration if all of the following conditions have been met:
10 * * *
11 (iii) The person has not committed any major disciplinary offenses in the
12 twelve twenty-four consecutive months prior to the parole hearing date. A major
13 disciplinary offense is an offense identified as a Schedule B offense by the
14 Department of Public Safety and Corrections in the Disciplinary Rules and
15 Procedures for Adult Offenders.
16 * * *
17 (d) If the person was at least fifty years of age at the time he was sentenced
18 to life imprisonment, he shall be eligible for parole consideration if all of the
19 following conditions have been met:
20 * * *
21 (iii) The person has not committed any major disciplinary offenses in the
22 twelve twenty-four consecutive months prior to the parole hearing date. A major
23 disciplinary offense is an offense identified as a Schedule B offense by the
24 Department of Public Safety and Corrections in the Disciplinary Rules and
25 Procedures for Adult Offenders.
26 * * *
27 D.(1) Notwithstanding any provision of law to the contrary, any person
28 serving a sentence of life imprisonment who was under the age of eighteen years at
29 the time of the commission of the offense, except for a person serving a life sentence
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1 for a conviction of first degree murder (R.S. 14:30) or second degree murder (R.S.
2 14:30.1), shall be eligible for parole consideration pursuant to the provisions of this
3 Subsection if all of the following conditions have been met:
4 * * *
5 (b) The offender has not committed any major disciplinary offenses in the
6 twelve twenty-four consecutive months prior to the parole hearing date. A major
7 disciplinary offense is an offense identified as a Schedule B offense by the
8 Department of Public Safety and Corrections in the Disciplinary Rules and
9 Procedures for Adult Offenders.
10 * * *
11 E.(1) Notwithstanding any provision of law to the contrary and except as
12 provided in Subsection G of this Section, any person serving a sentence of life
13 imprisonment for a conviction of first degree murder (R.S. 14:30) who was under the
14 age of eighteen years at the time of the commission of the offense and whose
15 indictment for the offense is on or after August 1, 2017, shall be eligible for parole
16 consideration pursuant to the provisions of this Subsection if a judicial determination
17 has been made that the person is entitled to parole eligibility pursuant to Code of
18 Criminal Procedure Article 878.1(A) and all of the following conditions have been
19 met:
20 * * *
21 (b) The offender has not committed any major disciplinary offenses in the
22 twelve twenty-four consecutive months prior to the parole hearing date. A major
23 disciplinary offense is an offense identified as a Schedule B offense by the
24 Department of Public Safety and Corrections in the Disciplinary Rules and
25 Procedures for Adult Offenders.
26 * * *
27 F.(1) Notwithstanding any provision of law to the contrary and except as
28 provided in Subsection G of this Section, any person serving a sentence of life
29 imprisonment for a conviction of second degree murder (R.S. 14:30.1) who was
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1 under the age of eighteen years at the time of the commission of the offense and
2 whose indictment for the offense is on or after August 1, 2017, shall be eligible for
3 parole consideration if all of the following conditions have been met:
4 * * *
5 (b) The offender has not committed any major disciplinary offenses in the
6 twelve twenty-four consecutive months prior to the parole hearing date. A major
7 disciplinary offense is an offense identified as a Schedule B offense by the
8 Department of Public Safety and Corrections in the Disciplinary Rules and
9 Procedures for Adult Offenders.
10 * * *
11 G.(1) Notwithstanding any provision of law to the contrary, any person
12 serving a sentence of life imprisonment for a conviction of first degree murder (R.S.
13 14:30) or second degree murder (R.S. 14:30.1) who was under the age of eighteen
14 years at the time of the commission of the offense and whose indictment for the
15 offense was prior to August 1, 2017, shall be eligible for parole consideration
16 pursuant to the provisions of this Subsection if a judicial determination has been
17 made that the person is entitled to parole eligibility pursuant to Code of Criminal
18 Procedure Article 878.1(B) and all of the following conditions have been met:
19 * * *
20 (b) The offender has not committed any major disciplinary offenses in the
21 twelve twenty-four consecutive months prior to the parole hearing date. A major
22 disciplinary offense is an offense identified as a Schedule B offense by the
23 Department of Public Safety and Corrections in the Disciplinary Rules and
24 Procedures for Adult Offenders.
25 * * *
26 J.(1) Notwithstanding any provision of law to the contrary, and except as
27 provided in Subsections D, E, F, G, and H of this Section, any person serving a term
28 or terms of imprisonment that result in a period of incarceration of twenty-five years
29 or more and who was under the age of eighteen years at the time of the commission
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1 of the offense shall be eligible for parole consideration pursuant to the provisions of
2 this Subsection if all of the following conditions have been met:
3 * * *
4 (b) The offender has not committed any major disciplinary offenses in the
5 twelve twenty-four consecutive months prior to the parole hearing date. A major
6 disciplinary offense is an offense identified as a Schedule B offense by the
7 Department of Public Safety and Corrections in the Disciplinary Rules and
8 Procedures for Adult Offenders.
9 * * *
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 147 Engrossed 2023 Regular Session Wright
Abstract: As a condition for parole eligibility, provides that offenders shall not have any
disciplinary offenses within 24 consecutive months prior to their parole eligibility
and hearing date.
Present law (R.S. 15:529.2) authorizes the secretary of the Dept. of Public Safety and
Corrections to release to intensive parole supervision any person sentenced pursuant to
present law (R.S. 15:529.1) and denied eligibility for diminution of sentence when the
offender meets certain requirements and of any rules or regulations adopted by the secretary.
Present law further requires that the offender not commit any major disciplinary offenses in
the 12 consecutive months prior to release.
Proposed law changes the time period for disciplinary offenses from 12 consecutive months
prior to release to 24 consecutive months prior to release.
Present law (R.S. 15:574.2) authorizes the committee on parole to grant parole to an offender
if certain conditions are met, including the offender has not committed any major
disciplinary offenses in the 12 consecutive months prior to the parole eligibility date.
Proposed law changes the time period for disciplinary offenses from 12 consecutive months
prior to the parole eligibility date to 24 consecutive months prior to the parole eligibility
date.
Present law (R.S. 15:574.4) relative to parole eligibility for offenders, generally provides that
a person shall be eligible for parole if certain conditions are met, including the offender has
not committed any major disciplinary offenses in 12 consecutive months prior to the parole
hearing date.
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HB NO. 147
Proposed law changes the time period for disciplinary offenses from 12 consecutive months
prior to the parole hearing date to 24 consecutive months prior to the parole hearing date.
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HB NO. 147
(Amends R.S. 15:592.2(B)(3), 574.2(C)(2)(b), and 574.4(A)(4)(b), (B)(2)(a)(iii), (b)(iii),
(c)(iii), and (d)(iii), (D)(1)(b), (E)(1)(b), (F)(1)(b), (G)(1)(b), and (J)(1)(b))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Make technical corrections to remove an outdated citation.
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