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 Original 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.
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 Department 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, but 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 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), but 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.
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)