Louisiana 2023 2023 Regular Session

Louisiana House Bill HB70 Comm Sub / Analysis

                    RÉSUMÉ DIGEST
ACT 463 (HB 70) 2023 Regular Session	Villio
Existing law (R.S. 15:571.3(B)(1)(a)) provides that every offender in the custody of the
DPS&C who has been convicted of a felony, except an offender convicted a second time of
a crime of violence, and sentenced to imprisonment for a stated number of years or months,
may earn good time in lieu of incentive wages.  Offenders serving life sentences shall be
credited with good time earned which shall be applied toward diminution of their sentences
at such time as the life sentences may be commuted to a specific number of years.
New law provides for an exception for an offender convicted of a fourth or subsequent
nonviolent felony offense.
New law further provides that an offender convicted of a fourth or subsequent nonviolent
felony offense shall earn a diminution of sentence at a rate of one day for every two days in
actual custody held on the imposed sentence, including time spent in custody with good
behavior prior to sentencing for the particular sentence imposed as authorized by existing law
(C.Cr.P. Art. 880).  New law shall not apply to any person convicted of a sex offense.
Existing law (R.S. 15:571.3(D)) provides that diminution of sentence shall not be allowed
for an offender in the custody of the DPS&C if the instant offense is a second offense crime
of violence or if the instant offense is a sex offense.
New law provides that diminution of sentence shall also not be allowed for an offender in
a parish prison if the instant offense is a second offense crime of violence or if the instant
offense is a sex offense.
Existing law (R.S. 15:574.4(A)(1)(a)) provides that a person otherwise eligible for parole
shall be eligible for parole consideration upon serving 25% of the sentence imposed.  Further
provides that existing law shall not apply to any person whose instant offense is a crime of
violence, a sex offense, or any offense which would constitute a crime of violence or a sex
offense, regardless of the date of conviction.
New law provides that existing law shall also not apply to a person whose instant offense is
a fourth or subsequent conviction of a nonviolent felony offense.
New law further provides that a person, otherwise eligible for parole, whose instant offense
is a fourth or subsequent conviction of a nonviolent felony offense, shall be eligible for
parole consideration upon serving 65% of the sentence imposed.  New law shall not apply
to any person who has been convicted of a sex offense.
Effective August 1, 2023.
(Amends R.S. 15:571.3(B)(1)(a) and (D) and 574.4(A)(1)(a); Adds R.S. 15:571.3(B)(3) and
574.4(A)(1)(c))