HLS 25RS-150 ORIGINAL
2025 Regular Session
HOUSE BILL NO. 208
BY REPRESENTATIVE VILLIO
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/SENTENCING: Provides relative to eligibility for parole or diminution of
sentence
1 AN ACT
2To amend and reenact R.S. 15:529.2(B)(3), 571.3.1(F), 574.4(A)(4)(b), (B)(2)(a)(iii),
3 (b)(iii), (c)(iii), and (d)(iii), (D)(1)(b), (E)(1)(b), (F)(1)(b), (G)(1)(b), and (J)(1)(b),
4 574.6(introductory paragraph), 574.9(section heading) and (H)(1)(a)(i)(introductory
5 paragraph), and 1199.24(A)(5), to enact R.S. 15:571.3(C), 571.3.1(I), and
6 574.9(H)(1)(a)(i)(dd), and to repeal R.S. 15:574.9(F), relative to the release
7 eligibility of incarcerated persons; to provide relative to parole eligibility
8 requirements; to provide relative to the automatic earning of good time credits by
9 offenders for good behavior; to provide for a definition; to provide for the
10 elimination of earned compliance credits while on parole; to provide for a statement
11 of legislative intent; to provide for an effective date; and to provide for related
12 matters.
13Be it enacted by the Legislature of Louisiana:
14 Section 1. R.S. 15:529.2(B)(3), 571.3.1(F), 574.4(A)(4)(b), (B)(2)(a)(iii), (b)(iii),
15(c)(iii), and (d)(iii), (D)(1)(b), (E)(1)(b), (F)(1)(b), (G)(1)(b), and (J)(1)(b),
16574.6(introductory paragraph), 574.9(section heading) and (H)(1)(a)(i)(introductory
17paragraph), and 1199.24(A)(5) are hereby amended and reenacted and R.S. 15:571.3(C),
18571.3.1(I), and 574.9(H)(1)(a)(i)(dd) are hereby enacted to read as follows:
19 §529.2. Intensive parole supervision for certain habitual offenders
20 * * *
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1 B. The secretary may release offenders pursuant to the provisions of this
2 Section only if all of the following conditions exist:
3 * * *
4 (3) The offender has not committed any major disciplinary offenses in the
5 twelve thirty-six consecutive months prior to release.
6 * * *
7 §571.3. Diminution of sentence for good behavior
8 * * *
9 C. Diminution of sentence pursuant to this Section shall not be allowed to
10 be earned by an inmate in a parish prison or in the custody of the Department of
11 Public Safety and Corrections if any of the following apply:
12 (1) The inmate has been sentenced as a habitual offender under the Habitual
13 Offender Law as set forth in R.S. 15:529.1.
14 (2) The instant offense is a sex offense.
15 * * *
16 §571.3.1. Eligibility and applicability of diminution of sentence for crimes
17 committed on or after August 1, 2024
18 * * *
19 F.(1) Except as provided in Paragraph (2) of this Subsection, any Any
20 offender released because of diminution of sentence earned pursuant to this Section
21 shall be released subject to the provisions of R.S. 15:571.5. The remainder of the
22 original full term of sentence shall be served as if on unsupervised parole for any
23 offender released pursuant to this Subsection unless his parole is revoked as provided
24 in R.S. 15:571.5(C).
25 (2) An offender who has received a split sentence shall, upon release from
26 incarceration, immediately begin serving the probationary period imposed. Any term
27 of unsupervised parole shall be served concurrently with the probationary period.
28 (3) If an offender is convicted for an offense that is committed while on
29 unsupervised parole, the amount of good time earned or credits toward the reduction
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1 of the projected good time parole supervision date earned on that portion of his
2 sentence prior to the conviction shall be served consecutively with the sentence
3 imposed for the offense.
4 * * *
5 I. For the purposes of this Section, "split sentence" shall mean an imposition
6 of incarceration or commitment of an offender to a correctional facility of which a
7 portion is suspended as allowed by law, inclusive of a period of probation.
8 * * *
9 §574.4. Parole; eligibility; juvenile offenders
10 A.
11 * * *
12 (4) Except as provided in R.S. 15:574.22, unless eligible for parole at an
13 earlier date, a person committed to the Department of Public Safety and Corrections
14 for a term or terms of imprisonment with or without benefit of parole who has served
15 at least ten years of the term or terms of imprisonment in actual custody shall be
16 eligible for parole consideration upon reaching the age of sixty years if all of the
17 following conditions have been met:
18 * * *
19 (b) The offender has not committed any major disciplinary offenses in
20 twelve thirty-six consecutive months prior to the parole hearing date. A major
21 disciplinary offense is an offense identified as a Schedule B offense by the
22 Department of Public Safety and Corrections in the Disciplinary Rules and
23 Procedures for Adult Offenders.
24 * * *
25 B.
26 * * *
27 (2) Except as provided in R.S. 15:574.22, any person serving a life sentence,
28 with or without the benefit of parole, who has not been convicted of a crime of
29 violence as defined by R.S. 14:2(B), a sex offense as defined by R.S. 15:541, or an
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1 offense, regardless of the date of conviction, which would constitute a crime of
2 violence as defined by R.S. 14:2(B) or a sex offense as defined by R.S. 15:541, shall
3 be eligible for parole consideration as follows:
4 (a) If the person was at least eighteen years of age and under the age of
5 twenty-five years at the time he was sentenced to life imprisonment, he shall be
6 eligible for parole consideration if all of the following conditions have been met:
7 * * *
8 (iii) The person has not committed any major disciplinary offenses in the
9 twelve thirty-six consecutive months prior to the parole hearing date. A major
10 disciplinary offense is an offense identified as a Schedule B offense by the
11 Department of Public Safety and Corrections in the Disciplinary Rules and
12 Procedures for Adult Offenders.
13 * * *
14 (b) If the person was at least twenty-five years of age and under the age of
15 thirty-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 (iii) The person has not committed any major disciplinary offenses in the
19 twelve thirty-six consecutive months prior to the parole hearing date. A major
20 disciplinary offense is an offense identified as a Schedule B offense by the
21 Department of Public Safety and Corrections in the Disciplinary Rules and
22 Procedures for Adult Offenders.
23 * * *
24 (c) If the person was at least thirty-five years of age and under the age of
25 fifty years at the time he was sentenced to life imprisonment, he shall be eligible for
26 parole consideration if all of the following conditions have been met:
27 * * *
28 (iii) The person has not committed any major disciplinary offenses in the
29 twelve thirty-six consecutive months prior to the parole hearing date. A major
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1 disciplinary offense is an offense identified as a Schedule B offense by the
2 Department of Public Safety and Corrections in the Disciplinary Rules and
3 Procedures for Adult Offenders.
4 * * *
5 (d) If the person was at least fifty years of age at the time he was sentenced
6 to life imprisonment, he shall be eligible for parole consideration if all of the
7 following conditions have been met:
8 * * *
9 (iii) The person has not committed any major disciplinary offenses in the
10 twelve thirty-six consecutive months prior to the parole hearing date. A major
11 disciplinary offense is an offense identified as a Schedule B offense by the
12 Department of Public Safety and Corrections in the Disciplinary Rules and
13 Procedures for Adult Offenders.
14 * * *
15 D.(1) Notwithstanding any provision of law to the contrary, any person
16 serving a sentence of life imprisonment who was under the age of eighteen years at
17 the time of the commission of the offense, except for a person serving a life sentence
18 for a conviction of first degree murder (R.S. 14:30) or second degree murder (R.S.
19 14:30.1), shall be eligible for parole consideration pursuant to the provisions of this
20 Subsection if all of the following conditions have been met:
21 * * *
22 (b) The offender has not committed any major disciplinary offenses in the
23 twelve thirty-six consecutive months prior to the parole hearing date. A major
24 disciplinary offense is an offense identified as a Schedule B offense by the
25 Department of Public Safety and Corrections in the Disciplinary Rules and
26 Procedures for Adult Offenders.
27 * * *
28 E.(1) Notwithstanding any provision of law to the contrary and except as
29 provided in Subsection G of this Section, any person serving a sentence of life
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1 imprisonment for a conviction of first degree murder (R.S. 14:30) who was under the
2 age of eighteen years at the time of the commission of the offense and whose
3 indictment for the offense is on or after August 1, 2017, shall be eligible for parole
4 consideration pursuant to the provisions of this Subsection if a judicial determination
5 has been made that the person is entitled to parole eligibility pursuant to Code of
6 Criminal Procedure Article 878.1(A) and all of the following conditions have been
7 met:
8 * * *
9 (b) The offender has not committed any major disciplinary offenses in the
10 twelve thirty-six consecutive months prior to the parole hearing date. A major
11 disciplinary offense is an offense identified as a Schedule B offense by the
12 Department of Public Safety and Corrections in the Disciplinary Rules and
13 Procedures for Adult Offenders.
14 * * *
15 F.(1) Notwithstanding any provision of law to the contrary and except as
16 provided in Subsection G of this Section, any person serving a sentence of life
17 imprisonment for a conviction of second degree murder (R.S. 14:30.1) who was
18 under the age of eighteen years at the time of the commission of the offense and
19 whose indictment for the offense is on or after August 1, 2017, shall be eligible for
20 parole consideration if all of the following conditions have been met:
21 * * *
22 (b) The offender has not committed any major disciplinary offenses in the
23 twelve thirty-six consecutive months prior to the parole hearing date. A major
24 disciplinary offense is an offense identified as a Schedule B offense by the
25 Department of Public Safety and Corrections in the Disciplinary Rules and
26 Procedures for Adult Offenders.
27 * * *
28 G.(1) Notwithstanding any provision of law to the contrary, any person
29 serving a sentence of life imprisonment for a conviction of first degree murder (R.S.
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1 14:30) or second degree murder (R.S. 14:30.1) who was under the age of eighteen
2 years at the time of the commission of the offense and whose indictment for the
3 offense was prior to August 1, 2017, shall be eligible for parole consideration
4 pursuant to the provisions of this Subsection if a judicial determination has been
5 made that the person is entitled to parole eligibility pursuant to Code of Criminal
6 Procedure Article 878.1(B) and all of the following conditions have been met:
7 * * *
8 (b) The offender has not committed any major disciplinary offenses in the
9 twelve thirty-six consecutive months prior to the parole hearing date. A major
10 disciplinary offense is an offense identified as a Schedule B offense by the
11 Department of Public Safety and Corrections in the Disciplinary Rules and
12 Procedures for Adult Offenders.
13 * * *
14 J.(1) Notwithstanding any provision of law to the contrary, and except as
15 provided in Subsections D, E, F, G, and H of this Section, any person serving a term
16 or terms of imprisonment that result in a period of incarceration of twenty-five years
17 or more and who was under the age of eighteen years at the time of the commission
18 of the offense shall be eligible for parole consideration pursuant to the provisions of
19 this Subsection if all of the following conditions have been met:
20 * * *
21 (b) The offender has not committed any major disciplinary offenses in the
22 twelve thirty-six consecutive months prior to the parole hearing date. A major
23 disciplinary offense is an offense identified as a Schedule B offense by the
24 Department of Public Safety and Corrections in the Disciplinary Rules and
25 Procedures for Adult Offenders.
26 * * *
27 §574.6. Parole term; automatic discharge
28 The parole term, when the committee orders an offender released on parole,
29 shall be for the remainder of the offender's sentence, with credits for compliance
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1 with the terms and conditions of parole supervision pursuant to R.S. 15:574.6.1.
2 When the parolee has completed his full parole term, he shall be discharged from
3 parole by the Department of Public Safety and Corrections without order by the
4 committee, provided that:
5 * * *
6 §574.9. Revocation of parole for violation of condition; committee panels; return
7 to custody hearing; duration of reimprisonment and reparole after revocation;
8 credit for time served; revocation for a technical violation
9 * * *
10 H.(1)(a)(i) Except as provided in Subparagraph (b) of this Paragraph, any
11 offender who has been released on parole prior to, on, or after the effective date of
12 this Act and whose parole supervision is being revoked pursuant to the provisions
13 of this Section for a technical violation of the conditions of parole, as determined by
14 the committee on parole, shall be required to serve the following sentences:
15 * * *
16 (dd) If the offender is in a custodial substance abuse treatment program, the
17 offender shall serve not more than one hundred eighty days.
18 * * *
19 §1199.24. Post-Conviction Veterans Mentor Program for incarcerated veterans;
20 eligibility criteria
21 A. Notwithstanding any other provision of law to the contrary, an offender
22 who is incarcerated shall be eligible for consideration to participate in the
23 Post-Conviction Veterans Mentor Program if all of the following conditions are met:
24 * * *
25 (5) The offender has not committed any major disciplinary offenses in
26 twelve thirty-six consecutive months prior to the transfer. A major disciplinary
27 offense is an offense identified as a Schedule B offense by the Department of Public
28 Safety and Corrections in the Disciplinary Rules and Procedures for Adult Offenders.
29 * * *
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HB NO. 208
1 Section 2. R.S. 15:574.9(F) is hereby repealed in its entirety.
2 Section 3. The legislature recognizes that certain offenses do not permit an offender
3the ability to be eligible for a diminution of his sentence, also known as "good time", by
4good behavior and performance of work or self-improvement activities, or both. The
5legislature hereby declares that the provisions of Section 2 of Act 7 of the 2024 Second
6Extraordinary Session of the Legislature that pertain to an offender's eligibility for
7diminution of sentence pursuant to R.S. 15:571.3 shall only be applicable to offenders who
8commit an offense on or after April 29, 2024, until the effective date of this Act.
9 Section 4. This Act shall become effective upon signature by the governor or, if not
10signed by the governor, upon expiration of the time for bills to become law without signature
11by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
12vetoed by the governor and subsequently approved by the legislature, this Act shall become
13effective on the day following such approval.
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 208 Original 2025 Regular Session Villio
Abstract: Provides relative to an offender's eligibility for release by means of diminution
of sentence or parole.
Present law (R.S. 15:529.2) provides for intensive parole supervision for certain habitual
offenders.
Present law (R.S. 15:529.2(B)) further provides that the secretary of the Dept. of Public
Safety and Corrections (DPS&C) may release offenders pursuant to present law if certain
conditions are met. Further provides that one of these conditions is that the offender has not
committed any major disciplinary offenses in the 12 consecutive months prior to release.
Proposed law retains present law generally but changes the duration that an offender must
not commit any major disciplinary offenses from 12 months to 36 months.
Present law (R.S. 15:571.3) provides for diminution of sentence for good behavior.
Proposed law retains present law.
Proposed law (R.S. 15:571.3(C)) provides that diminution of sentence pursuant to present
law shall not be allowed to be earned by an inmate in a parish prison or in the custody of the
DPS&C if any of the following apply:
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(1)The inmate has been sentenced as a habitual offender under the Habitual Offender
Law as set forth in present law (R.S. 15:529.1).
(2)The instant offense is a sex offense.
Present law (R.S. 15:571.3) provides for eligibility and applicability of diminution of
sentence for crimes committed on or after Aug. 1, 2024.
Proposed law retains present law generally.
Present law (R.S. 15:571.3.1(F)) provides that any offender released because of diminution
of sentence earned pursuant to present 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
present law unless his parole is revoked as provided in present law (R.S. 15:571.5(C)).
Proposed law provides that an offender who has received a split sentence shall, upon release
from incarceration, immediately begin serving the probationary period imposed. Further
provides that any term of unsupervised parole shall be served concurrently with the
probationary period.
Proposed law provides that if an offender is convicted for an offense that is committed while
on unsupervised parole, the amount of good time earned or credits toward the reduction of
the projected good time parole supervision date earned on that portion of his sentence prior
to the conviction shall be served consecutively with the sentence imposed for the offense.
Proposed law defines the term "split sentence".
Present law (R.S. 15:574.4) provides for parole eligibility for certain offenders.
Present law further provides the following groups of offenders with eligibility for parole
consideration if certain conditions have been met:
(1)Any person committed to the DPS&C for a term or terms of imprisonment with or
without benefit of parole who has served at least 10 years of the term or terms of
imprisonment in actual custody and who has reached the age of 60 years.
(2)Any person who has not been convicted of a crime of violence as defined in present
law (R.S. 14:2(B)), a sex offense as defined in present law (R.S. 15:541), or an
offense, regardless of the date of conviction, which would constitute a crime of
violence or a sex offense who, when sentenced to life imprisonment with or without
the benefit of parole, was in any of the following age ranges:
(a)At least 18 years of age and under the age of 25.
(b)At least 25 years of age and under the age of 35.
(c)At least 35 years of age and under the age of 50.
(d)At least 50 years of age.
(3)Any person serving a sentence of life imprisonment who was under the age of 18
years at the time of the commission of the offense, except for a person serving a life
sentence for a conviction of first degree murder (R.S. 14:30) or second degree
murder (R.S. 14:30.1).
(4)Any person serving a sentence of life imprisonment for a conviction of first degree
murder (R.S. 14:30) who was under the age of 18 years at the time of the
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commission of the offense and whose indictment for the offense is on or after Aug.
1, 2017.
(5)Any person serving a sentence of life imprisonment for a conviction of second
degree murder (R.S. 14:30.1) who was under the age of 18 years at the time of the
commission of the offense and whose indictment for the offense is on or after Aug.
1, 2017.
(6)Any person serving a sentence of life imprisonment for a conviction of first degree
murder (R.S. 14:30) or second degree murder (R.S. 14:30.1) who was under the age
of 18 years at the time of the commission of the offense and whose indictment for
the offense was prior to Aug. 1, 2017.
(7)Any person serving a term or terms of imprisonment that resulted in a period of
incarceration of 25 years or more and who was under the age of 18 years at the time
of the commission of the offense.
Proposed law retains present law generally.
Proposed law retains present law generally but changes the duration that an offender must
not commit any major disciplinary offenses from 12 months to 36 months.
Present law (R.S. 15:574.6) provides for the parole term when an offender is released on
parole. Further provides that the term shall be for the remainder of the offender's sentence,
with credits for compliance with the terms and conditions of parole supervision pursuant to
prior law (R.S. 15:574.6.1), which was repealed by Act No. 7 of the 2024 2nd E.S.
Proposed law amends present law to remove the reference to compliance credits.
Present law (R.S. 15:574.9) provides for revocation of parole.
Proposed law retains present law.
Present law (R.S. 15:574.9(H)) provides for the sentences that an offender is required to
serve when his parole supervision has been revoked for a technical violation.
Proposed law retains present law.
Proposed law provides that an offender in a custodial substance abuse treatment program
shall serve not more than 180 days when his parole has been revoked for a technical
violation.
Present law (R.S. 15:1199.24) provides for the Post-Conviction Veterans Mentor Program
and eligibility requirements to be considered for the program.
Proposed law further provides that one of these conditions is that the offender has not
committed any major disciplinary offenses in the 12 consecutive months prior to transfer.
Proposed law retains present law generally but changes the duration that an offender must
not commit any major disciplinary offenses from 12 months to 36 months.
Present law (R.S. 15:574.9(F)) provides that when the parole of a parolee has been revoked
by the committee for violation of the conditions of parole, the parolee shall be returned to
the physical custody of the DPS&C, corrections services, and serve the remainder of his
sentence as of the date of his release on parole, and any credit for time served for good
behavior while on parole.
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Present law further provides that the parolee shall be given credit for time served prior to the
revocation hearing for time served in actual custody while being held for a parole violation
in a local detention facility, state institution, or out-of-state institution pursuant to present
law (C.Cr.P. Art. 880).
Proposed law repeals present law.
Proposed law provides for a statement of legislative intent.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 15:529.2(B)(3), 571.3.1(F), 574.4(A)(4)(b), (B)(2)(a)(iii), (b)(iii), (c)(iii), and
(d)(iii), (D)(1)(b), (E)(1)(b), (F)(1)(b), (G)(1)(b), and (J)(1)(b), 574.6(intro. para.),
574.9(section heading) and (H)(1)(a)(i)(intro. para.), and 1199.24(A)(5); Adds R.S.
15:571.3(C), 571.3.1(I), and 574.9(H)(1)(a)(i)(dd); Repeals R.S. 15:574.9(F))
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