Louisiana Revised Statutes 15:574.4.1 – Parole consideration and hearings
Terms Used In Louisiana Revised Statutes 15:574.4.1
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
A.(1)(a) The parole hearings shall be conducted in a formal manner in accordance with the rules formulated by the committee and with the provisions of this Part. Before the parole of any prisoner is ordered, the prisoner shall appear before and be interviewed by the committee, except those incarcerated in parish prisons or parish correctional centers, in which case one committee member may conduct the interview. The committee may order a reconsideration of the case or a rehearing at any time. The committee shall, to the extent feasible, schedule subsequent parole hearings in the order in which the applications are filed.
(b) Notwithstanding any other provision of law to the contrary, beginning on August 1, 2024, except as provided in Subparagraph (c) of this Paragraph, the committee shall not consider a parole rehearing of any prisoner who is serving a sentence for any crime of violence as defined in La. Rev. Stat. 14:2(B) or sex offense as defined in La. Rev. Stat. 15:541 until at least five years after the denial of parole.
(c) Notwithstanding any other provision of law to the contrary, beginning on August 1, 2024, the committee shall not consider a parole rehearing of any prisoner who is serving a sentence for a first offense crime of violence, as defined in La. Rev. Stat. 14:2(B), that is not first degree murder, second degree murder, first degree rape, second degree rape, third degree rape, or crime against nature pursuant to La. Rev. Stat. 14:89(A)(2) until at least three years after the denial of parole.
(2) Persons wishing to provide testimony may appear before the committee on parole by means of teleconference or telephone communication.
B. The committee shall render its decision ordering or denying the release of the prisoner on parole within thirty days after the hearing. A parole shall be ordered only for the best interest of society, not as an award of clemency, and upon determination by the committee that there is reasonable probability that the prisoner is able and willing to fulfill the obligations of a law-abiding citizen so that he can be released without detriment to the community or to himself.
C. All paroles shall issue upon order of the committee and each order of parole shall recite the conditions thereof; provided, however, that before any prisoner is released on parole he shall be provided with a certificate of parole that enumerates the conditions of parole. These conditions shall be explained to the prisoner and the prisoner shall agree in writing to such conditions.
D.(1) Except as provided in Paragraph (2) or (3) of this Subsection, the release date of the prisoner shall be set forth by the committee, but the release date shall be subject to modification, alteration, or rescission for any reason deemed appropriate or necessary by the committee at any time prior to the prisoner’s signing of the certificate of parole and actual release from custody onto parole supervision.
(2) If the committee on parole determines that it is necessary for the prisoner to complete one or more rehabilitative programs prior to his release to ensure public safety and enhance the prisoner’s opportunity for success, the release date of the prisoner may be extended to no later than nine months after the parole hearing or the most recent reconsideration of the prisoner’s case.
(3) When granting parole of a prisoner who was sentenced as a habitual offender pursuant to La. Rev. Stat. 15:529.1, if the committee on parole determines that it is necessary for the prisoner to participate in a work release program established pursuant to La. Rev. Stat. 15:1111, the release date of the prisoner may be extended to no later than one year after the parole hearing or the most recent reconsideration of the prisoner’s case.
E. Notwithstanding any other provision of law to the contrary, the committee on parole shall have the authority and sole discretion to rescind, modify, reconsider, or otherwise alter any prior decision granting parole release, for any reason deemed appropriate by the committee before an offender’s actual release from custody onto parole supervision. No offender shall have or acquire any right to parole release based upon any initial decision of the committee on parole before the offender’s actual release from custody onto parole supervision.
Acts 2008, No. 266, §2; Acts 2008, No. 337, §1; Acts 2009, No. 168, §2; Acts 2009, No. 182, §2; Acts 2010, No. 241, §§1 and 2; Acts 2012, No. 714, §8; Acts 2017, No. 70, §1; Acts 2017, No. 280, §3, eff. Nov. 1, 2017; Acts 2019, No. 369, §2; Acts 2020, 2nd Ex. Sess., No. 6, §1, eff. Oct. 20, 2020; Acts 2022, No. 726, §1; Acts 2024, 2nd Ex. Sess., No. 11, §1.