GREEN SHEET REDIGEST
HB 188 2023 Regular Session Frieman
PAROLE: Provides relative to denial of parole for dangerous offenders.
DIGEST
Proposed law provides that the district attorney may allege that a person is a dangerous
offender when filing an information accusing that person of a previous conviction pursuant
to this present law (R.S. 15:529.1).
Proposed law provides that the court shall hold a hearing to determine whether the person
is a dangerous offender. Further provides that if the court concludes that the person is a
dangerous offender, the court may order that the sentence imposed be served without benefit
of probation, suspension of sentence, or parole until 85% of the sentence is served.
Proposed law provides that a person may be alleged to be a dangerous offender if he has been
previously convicted of committing, attempting to commit, or conspiring to commit any of
the following offenses:
(1)A crime of violence as defined in present law (R.S. 14:2(B)).
(2)A sex offense as defined in present law (R.S. 15:541(24)).
(3)The production, manufacture, or distribution of any controlled dangerous substance
listed in Schedules I or II of the Uniform Controlled Dangerous Substance Law other
than marijuana.
(4)A violation of the La. Racketeering Act.
(5)A violation of the La. Street Terrorism Enforcement and Prevention Act.
Proposed law provides that the court shall consider all of the following circumstances in
determining whether a person is a dangerous offender:
(1)The factors enumerated in present law (C.Cr.P. Art. 894.1(B)).
(2)The nature and extent of any prior delinquent or criminal history.
(3)The success or failure of any previous attempts to rehabilitate the defendant.
(4)The defendant's conduct while previously incarcerated or on probation or parole.
(5)Any other facts the court deems relevant.
Proposed law provides that if the court orders that the sentence imposed is to be served
without the benefit of parole, probation, or suspension of sentence, the court shall state for
the record the considerations taken into account and the factual basis for its determination.
Proposed law does not apply to any sentence which is already designated to be served
without parole, probation, or suspension of sentence.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 15:529.3)
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Prepared by Michelle D. Ridge. Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Restructure the sentence imposed to be served without benefit of probation,
suspension of sentence, or parole until 85% of the sentence is served.
The House Floor Amendments to the engrossed bill:
1. Make technical changes.
2. Remove any violation of the Uniform Controlled Dangerous Substance Law
punishable by imprisonment of 20 years or more from the list of offenses that
may be used to allege that a person is a dangerous offender.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
reengrossed bill
1. Makes technical change.
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Prepared by Michelle D. Ridge.