ENROLLED
2023 Regular Session
HOUSE BILL NO. 444
BY REPRESENTATIVES FREIBERG, ADAMS, BRYANT, ROBBY CARTER,
WILFORD CARTER, COX, FISHER, GLOVER, HUGHES, JEFFERSON,
JENKINS, TRAVIS JOHNSON, KNOX, LAFLEUR, LARVADAIN, LYONS,
DUSTIN MILLER, MOORE, NEWELL, PIERRE, SELDERS, THOMPSON, AND
WILLARD
1 AN ACT
2 To amend and reenact R.S. 15:574.2(C)(2)(e), 574.4(A)(4)(e), (B)(2)(a)(vi), (b)(vi), (c)(vi),
3 and (d)(vi), (D)(1)(e)(introductory paragraph), (E)(1)(e)(introductory paragraph),
4 (F)(1)(e)(introductory paragraph), (G)(1)(e)(introductory paragraph), and
5 (J)(1)(e)(introductory paragraph), and R.S. 15:574.4.2(E) and to enact R.S.
6 15:574.4(D)(1)(e)(iv), (E)(1)(e)(iv), (F)(1)(e)(iv), (G)(1)(e)(iv), and (J)(1)(e)(iv),
7 relative to parole eligibility for certain offenders; to provide relative to the conditions
8 for parole eligibility; to provide for an effective date; and to provide for related
9 matters.
10 Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 15:574.2(C)(2)(e), 574.4(A)(4)(e), (B)(2)(a)(vi), (b)(vi), (c)(vi), and
12 (d)(vi), (D)(1)(e)(introductory paragraph), (E)(1)(e)(introductory paragraph),
13 (F)(1)(e)(introductory paragraph), (G)(1)(e)(introductory paragraph), and
14 (J)(1)(e)(introductory paragraph), and R.S. 15:574.4.2(E) are hereby amended and reenacted
15 and R.S. 15:574.4(D)(1)(e)(iv), (E)(1)(e)(iv), (F)(1)(e)(iv), (G)(1)(e)(iv), and (J)(1)(e)(iv)
16 are hereby enacted to read as follows:
17 §574.2. Committee on parole, Board of Pardons; membership; qualifications;
18 vacancies; compensation; domicile; venue; meetings; quorum; panels;
19 powers and duties; transfer of property to committee; representation of
20 applicants before the committee; prohibitions
21 * * *
22 C.
23 * * *
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1 (2) Except in cases where the offender is released pursuant to Paragraph (4)
2 of this Subsection, the committee may grant parole with two votes of a three-member
3 panel, or, if the number exceeds a three-member panel, a majority vote of those
4 present if all of the following conditions are met:
5 * * *
6 (e) The offender has obtained or completed a GED credential, unless the
7 offender has previously obtained a high school diploma or is deemed by a certified
8 educator as being incapable of obtaining a GED credential due to a learning
9 disability. If the offender is deemed incapable of obtaining a GED credential, the
10 offender must complete at least one of the following:
11 (i) a A literacy program.
12 (ii) an An adult basic education program,.
13 (iii) or a A job skills training program.
14 (iv) A high school equivalency certificate.
15 * * *
16 §574.4. Parole; eligibility; juvenile offenders
17 A.
18 * * *
19 (4) Notwithstanding any other provision of law to the contrary, unless
20 eligible for parole at an earlier date, a person committed to the Department of Public
21 Safety and Corrections for a term or terms of imprisonment with or without benefit
22 of parole who has served at least ten years of the term or terms of imprisonment in
23 actual custody shall be eligible for parole consideration upon reaching the age of
24 sixty years if all of the following conditions have been met:
25 * * *
26 (e) The offender has obtained a GED credential, unless the offender has
27 previously obtained a high school diploma or is deemed by a certified educator as
28 being incapable of obtaining a GED credential due to a learning disability. If the
29 offender is deemed incapable of obtaining a GED credential, the offender shall
30 complete or completed at least one of the following:
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1 (i) a A literacy program,.
2 (ii) an An adult basic education program,.
3 (iii) or a A job-skills training program.
4 (iv) A high school equivalency certificate.
5 * * *
6 B.
7 * * *
8 (2) Notwithstanding any provision of law to the contrary, any person serving
9 a life sentence, with or without the benefit of parole, who has not been convicted of
10 a crime of violence as defined by R.S. 14:2(B), a sex offense as defined by R.S.
11 15:541, or an offense, regardless of the date of conviction, which would constitute
12 a crime of violence as defined by R.S. 14:2(B) or a sex offense as defined by R.S.
13 15:541, shall be eligible for parole consideration as follows:
14 (a) If the person was at least eighteen years of age and under the age of
15 twenty-five years at the time he was sentenced to life imprisonment, he shall be
16 eligible for parole consideration if all of the following conditions have been met:
17 * * *
18 (vi) The person has obtained a GED credential, unless the prisoner has
19 previously obtained a high school diploma or is deemed by a certified educator as
20 being incapable of obtaining a GED credential due to a learning disability or because
21 such programming is not available. If the prisoner is deemed incapable of obtaining
22 a GED credential, the person shall complete or completed at least one of the
23 following:
24 (aa) a A literacy program,.
25 (bb) an An adult basic education program,.
26 (cc) or a A job-skills training program.
27 (dd) A high school equivalency certificate.
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1 (b) If the person was at least twenty-five years of age and under the age of
2 thirty-five years at the time he was sentenced to life imprisonment, he shall be
3 eligible for parole consideration if all of the following conditions have been met:
4 * * *
5 (vi) The person has obtained a GED credential, unless the prisoner has
6 previously obtained a high school diploma or is deemed by a certified educator as
7 being incapable of obtaining a GED credential due to a learning disability or because
8 such programming is not available. If the prisoner is deemed incapable of obtaining
9 a GED credential, the person shall complete or completed at least one of the
10 following:
11 (aa) a A literacy program,.
12 (bb) an An adult basic education program,.
13 (cc) or a A job-skills training program.
14 (dd) A high school equivalency certificate.
15 (c) If the person was at least thirty-five years of age and under the age of
16 fifty years at the time he was sentenced to life imprisonment, he shall be eligible for
17 parole consideration if all of the following conditions have been met:
18 * * *
19 (vi) The person has obtained a GED credential, unless the prisoner has
20 previously obtained a high school diploma or is deemed by a certified educator as
21 being incapable of obtaining a GED credential due to a learning disability or because
22 such programming is not available. If the prisoner is deemed incapable of obtaining
23 a GED credential, the person shall complete or completed at least one of the
24 following:
25 (aa) a A literacy program,.
26 (bb) an An adult basic education program,.
27 (cc) or a A job-skills training program.
28 (dd) A high school equivalency certificate.
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1 (d) If the person was at least fifty years of age at the time he was sentenced
2 to life imprisonment, he shall be eligible for parole consideration if all of the
3 following conditions have been met:
4 * * *
5 (vi) The person has obtained or completed a GED credential, unless the
6 prisoner has previously obtained a high school diploma or is deemed by a certified
7 educator as being incapable of obtaining a GED credential due to a learning
8 disability or because such programming is not available. If the prisoner is deemed
9 incapable of obtaining a GED credential, the person shall complete at least one of the
10 following:
11 (aa) a A literacy program,.
12 (bb) an An adult basic education program,.
13 (cc) or a A job skills training program.
14 (dd) A high school equivalency certificate.
15 * * *
16 D.(1) Notwithstanding any provision of law to the contrary, any person
17 serving a sentence of life imprisonment who was under the age of eighteen years at
18 the time of the commission of the offense, except for a person serving a life sentence
19 for a conviction of first degree murder (R.S. 14:30) or second degree murder (R.S.
20 14:30.1), shall be eligible for parole consideration pursuant to the provisions of this
21 Subsection if all of the following conditions have been met:
22 * * *
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 * * *
29 (iv) A high school equivalency certificate.
30 * * *
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1 E.(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 first degree murder (R.S. 14:30) who was under the
4 age of eighteen years at the time of the commission of the offense and whose
5 indictment for the offense is on or after August 1, 2017, shall be eligible for parole
6 consideration pursuant to the provisions of this Subsection if a judicial determination
7 has been made that the person is entitled to parole eligibility pursuant to Code of
8 Criminal Procedure Article 878.1(A) and all of the following conditions have been
9 met:
10 * * *
11 (e) The offender has obtained a GED certification, unless the offender has
12 previously obtained a high school diploma or is deemed by a certified educator as
13 being incapable of obtaining a GED certification due to a learning disability. If the
14 offender is deemed incapable of obtaining a GED certification, the offender shall
15 complete or completed at least one of the following:
16 * * *
17 (iv) A high school equivalency certificate.
18 * * *
19 F.(1) Notwithstanding any provision of law to the contrary and except as
20 provided in Subsection G of this Section, any person serving a sentence of life
21 imprisonment for a conviction of second degree murder (R.S. 14:30.1) who was
22 under the age of eighteen years at the time of the commission of the offense and
23 whose indictment for the offense is on or after August 1, 2017, shall be eligible for
24 parole consideration if all of the following conditions have been met:
25 * * *
26 (e) The offender has obtained a GED certification, unless the offender has
27 previously obtained a high school diploma or is deemed by a certified educator as
28 being incapable of obtaining a GED certification due to a learning disability. If the
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1 offender is deemed incapable of obtaining a GED certification, the offender shall
2 complete or completed at least one of the following:
3 * * *
4 (iv) A high school equivalency certificate.
5 * * *
6 G.(1) Notwithstanding any provision of law to the contrary, any person
7 serving a sentence of life imprisonment for a conviction of first degree murder (R.S.
8 14:30) or second degree murder (R.S. 14:30.1) who was under the age of eighteen
9 years at the time of the commission of the offense and whose indictment for the
10 offense was prior to August 1, 2017, shall be eligible for parole consideration
11 pursuant to the provisions of this Subsection if a judicial determination has been
12 made that the person is entitled to parole eligibility pursuant to Code of Criminal
13 Procedure Article 878.1(B) and all of the following conditions have been met:
14 * * *
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 or completed at least one of the following:
20 * * *
21 (iv) A high school equivalency certificate.
22 * * *
23 J.(1) Notwithstanding any provision of law to the contrary, and except as
24 provided in Subsections D, E, F, G, and H of this Section, any person serving a term
25 or terms of imprisonment that result in a period of incarceration of twenty-five years
26 or more and who was under the age of eighteen years at the time of the commission
27 of the offense shall be eligible for parole consideration pursuant to the provisions of
28 this Subsection if all of the following conditions have been met:
29 * * *
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1 (e) The offender has obtained a GED certification, unless the offender has
2 previously obtained a high school diploma or is deemed by a certified educator as
3 being incapable of obtaining a GED certification due to a learning disability. If the
4 offender is deemed incapable of obtaining a GED certification, the offender shall
5 complete or completed at least one of the following:
6 * * *
7 (iv) A high school equivalency certificate.
8 * * *
9 §574.4.2. Decisions of committee on parole; nature, order, and conditions of parole;
10 rules of conduct; infectious disease testing
11 * * *
12 E.(1) Before the committee on parole places a person on parole, the
13 committee shall determine if he has a high school diploma or its equivalent and, if
14 he does not, the committee shall condition parole upon the parolee's enrolling in or
15 completion of and attending an adult education or reading program until he obtains
16 a GED credential, or until he completes such educational programs required by the
17 committee, and has attained a sixth grade reading level, or until his term of parole
18 expires, whichever occurs first. All costs shall be paid by the parolee. If the
19 committee finds that there are no adult education or reading programs in the parish
20 in which the parolee is domiciled, the parolee is unable to afford such a program, or
21 attendance would create an undue hardship on the parolee, the committee may
22 suspend this condition of parole. one of the following:
23 (a) A literacy program.
24 (b) An adult basic education program.
25 (c) A job skills training program.
26 (d) A high school equivalency certificate.
27 (2) The provisions of this Subsection shall not apply to those parolees who
28 have already obtained a high school equivalency certificate or high school diploma
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1 or who are mentally, physically, or by reason of age, infirmity, dyslexia, or other
2 such learning disorders, unable to participate.
3 * * *
4 Section 2. This Act shall become effective upon signature by the governor or, if not
5 signed by the governor, upon expiration of the time for bills to become law without signature
6 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
7 vetoed by the governor and subsequently approved by the legislature, this Act shall become
8 effective on the day following such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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