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2024 Second Extraordinary Session
HOUSE BILL NO. 10
BY REPRESENTATIVES VILLIO, MIKE JOHNSON, AND WRIGHT AND SENATOR
MORRIS
CRIMINAL/SENTENCING: Provides relative to diminution of sentence (Item #2)
1 AN ACT
2To amend and reenact R.S. 15:571.5(C), to enact R.S. 15:571.3(G) and 571.3.1, and to
3 repeal R.S. 15:571.3(C) and (D) and 574.6.1 and Code of Criminal Procedure Article
4 895.6, relative to eligibility for good time credits; to provide relative to the automatic
5 earning of good time credits by offenders for good behavior; to provide for the
6 elimination of earned compliance credits while on probation or parole; to provide
7 relative to the earning of additional good time credit through participation and
8 completion of certain programs while incarcerated; and to provide for related
9 matters.
10Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 15:571.5(C) is hereby amended and reenacted and R.S. 15:571.3(G)
12and 571.3.1 are hereby enacted to read as follows:
13 §571.3. Diminution of sentence for good behavior
14 * * *
15 G. No person who commits an offense on or after August 1, 2024, shall be
16 eligible to earn nor be entitled to any diminution of sentence or good time, except as
17 provided in R.S. 15:571.3.1.
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HB NO. 10
1 §571.3.1. Eligibility and applicability of diminution of sentence for crimes
2 committed on or after August 1, 2024
3 A. No person who commits an offense on or after August 1, 2024, shall be
4 eligible to earn nor be entitled to any diminution of sentence, hereinafter known as
5 "good time", except as provided in this Section.
6 B. Every offender in a parish prison or in custody of the Department of
7 Public Safety and Corrections, who has been convicted of a felony and sentenced to
8 imprisonment with or without hard labor, may earn diminution of sentence for good
9 behavior up to a maximum amount of fifteen percent of the particular sentence
10 imposed. The provisions of this Subsection shall not apply to any person who has
11 been convicted of a sex offense as defined in R.S. 15:541 or to any person who has
12 been sentenced as a habitual offender under the Habitual Offender Law as set forth
13 in R.S. 15:529.1.
14 C. Every offender in a parish prison or in custody of the Department of
15 Public Safety and Corrections, who has been convicted of a felony and sentenced to
16 imprisonment with or without hard labor, may earn an additional diminution of
17 sentence as provided in R.S. 15:828. The provisions of this Subsection shall not
18 apply to any person who has been convicted of a sex offense as defined in R.S.
19 15:541.
20 D. There shall be no diminution of sentence or good time credit earned or
21 eligible to be earned on time served pursuant to Code of Criminal Procedure Article
22 880.
23 E. Any diminution of sentence or good time earned under this Section shall
24 be subject to forfeiture as provided in R.S. 15:571.4.
25 F. Any offender released because of diminution of sentence earned pursuant
26 to this Section shall be released subject to the provisions of R.S. 15:571.5. The
27 remainder of the original full term of sentence shall be served as if on unsupervised
28 parole for any offender released pursuant to this Subsection unless his parole is
29 revoked as provided in R.S. 15:571.5(C).
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HB NO. 10
1 G. The secretary of the Department of Public Safety and Corrections shall
2 have sole power and authority to determine when good time has been earned and
3 when diminution of sentence may be allowed in accordance with the provisions of
4 this Section.
5 H. The secretary of the Department of Public Safety and Corrections shall
6 promulgate rules and regulations to govern the adoption of the provisions of this
7 Section as it relates to the earning of diminution of sentence, the method and
8 specifics for earning good time, and further defining the terms utilized in this
9 Section. The rules shall be adopted in accordance with the Administrative Procedure
10 Act.
11 * * *
12 §571.5. Supervision upon release after diminution of sentence for good behavior;
13 conditions of release; revocation
14 * * *
15 C. If such person's parole is revoked by the parole committee for violation
16 of the terms of parole, the person shall be recommitted to the department for the
17 remainder of the original full term, subject to credit for time served for good
18 behavior while on parole.
19 Section 2. R.S. 15:571.3(C) and (D) and 574.6.1 and Code of Criminal Procedure
20Article 895.6 are hereby repealed in their entirety.
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 10 Engrossed 2024 Second Extraordinary Session Villio
Abstract: Provides relative to diminution of sentence.
Present law (R.S. 15:571.3) provides relative to the requirements that an offender needs to
meet in order to be eligible for diminution of sentence for good behavior.
Proposed law retains present law.
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HB NO. 10
Proposed law (R.S. 15:571.3(G)) provides that no person who commits an offense on or after
Aug. 1, 2024, shall be eligible to earn nor be entitled to any diminution of sentence or good
time, except as provided in proposed law (R.S. 15:571.3.1).
Proposed law (R.S. 15:571.3.1) provides that no person who commits an offense on or after
Aug. 1, 2024, shall be eligible to earn nor be entitled to any diminution of sentence, known
as "good time", except as provided in proposed law.
Proposed law provides that every offender in a parish prison or in custody of the Dept. of
Public Safety and Corrections (DPS&C), who has been convicted of a felony and sentenced
to imprisonment with or without hard labor, may earn diminution of sentence for good
behavior up to a maximum amount of 15% of the particular sentence imposed.
Proposed law shall not apply to any person who has been convicted of a sex offense as
defined in present law (R.S. 15:541) or to any person who has been sentenced as an habitual
offender under the Habitual Offender Law as set forth in present law (R.S. 15:529.1).
Proposed law provides that every offender in a parish prison or in custody of the DPS&C,
who has been convicted of a felony and sentenced to imprisonment with or without hard
labor, may earn an additional diminution of sentence as provided in present law (R.S.
15:828).
Proposed law shall not apply to any person who has been convicted of a sex offense as
defined in present law (R.S. 15:541).
Proposed law provides that there shall be no diminution of sentence or good time credit
earned or eligible to be earned on time served pursuant to present law (C.Cr.P. Art. 880).
Proposed law provides that any diminution of sentence or good time earned under proposed
law shall be subject to forfeiture as provided in present law (R.S. 15:571.4).
Proposed law provides that any offender released because of diminution of sentence earned
pursuant to proposed law shall be released subject to the provisions of present law (R.S.
15:571.5). Further provides that the remainder of the original full term of sentence shall be
served as if on unsupervised parole for any offender released pursuant to proposed law
unless his parole is revoked as provided in present law (R.S. 15:571.5(C)).
Proposed law provides that the secretary of the DPS&C shall have sole power and authority
to determine when good time has been earned and when diminution of sentence may be
allowed in accordance with the provisions of proposed law.
Proposed law provides that the secretary of the DPS&C shall promulgate rules and
regulations to govern the adoption of the provisions of proposed law as it relates to the
earning of diminution or sentence, the method and specifics for earning good time, and
further defining the terms utilized in proposed law. Further provides that the rules shall be
adopted in accordance with the Administrative Procedure Act.
Present law (R.S. 15:571.5(C)) provides that, relative to a person's release on parole because
of diminution of sentence, if such person's parole is revoked by the parole committee for
violation of the terms of parole, the person shall be recommitted to the DPS&C for the
remainder of the original full term, subject to credit for time served for good behavior while
on parole.
Proposed law amends present law to provide that a person who is recommitted to DPS&C
after revocation of parole earned for diminution of sentence is not subject to credit for time
served for good behavior while on parole.
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HB NO. 10
Present law (R.S. 15:571.3(C)) provides that diminution of sentence shall not be allowed for
an inmate in the custody of the DPS&C if any of the following apply:
(1)The inmate has been sentenced as an habitual offender under the Habitual Offender
Law as set forth in present law (R.S. 15:529.1).
(2)The trial court, in its discretion, prohibits the earning of such diminution of sentence
for any person convicted of a violation of present law (R.S. 14:40.2).
Proposed law repeals present law.
Present law (R.S. 15:571.3(D)) provides that diminution of sentence shall not be allowed for
any of the following:
(1)An offender in a parish prison or in the custody of the DPS&C if the instant offense
is a second offense crime of violence as defined by present law (R.S. 14:2(B)).
(2)An offender in a parish prison or in the custody of the DPS&C if the instant offense
is a sex offense as defined by present law (R.S. 15:541).
Proposed law repeals present law.
Present law (R.S. 15:574.6.1) provides relative to the availability of "earned compliance
credits" that an offender may be able to earn through good behavior while on parole.
Proposed law repeals present law.
Present law (C.Cr.P. Art. 895.6) provides relative to the availability of "earned compliance
credits" that an offender may be able to earn through good behavior while on probation.
Proposed law repeals present law.
(Amends R.S. 15:571.5(C); Adds R.S. 15:571.3(G) and 571.3.1; Repeals R.S. 15:571.3(C)
and (D) and 574.6.1 and C.Cr.P. Art. 895.6)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Provide that a person sentenced as a habitual offender under the Habitual
Offender Law as set forth in present law shall not be eligible to receive
diminution of sentence for good behavior up to a maximum amount of 15% of
the particular sentence imposed.
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