reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 1 - Administration › Section XI-102 - Powers and Duties of the Committee

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Louisiana Committee on Parole shall:
1. make parole, release and revocation
				decisions under
				R.S.
				15:574.2;
2. evaluate any application filed pursuant to
				R.S.
				15:308 and taking into consideration the risk
				of danger the applicant would pose to society if released from confinement,
				shall make recommendations to the Board of Pardons as to whether the applicant
				is eligible for a reduction in sentence pursuant to
				R.S.
				15:308;
3. adopt rules not inconsistent with law as
				it deems necessary and proper with respect to the eligibility of offenders for
				parole and the conditions imposed upon offenders who are released on
				parole;
4. keep records of its
				official actions and make them accessible according to law;
5. collect, develop, and maintain statistical
				information concerning its services and decisions;
6. notify the district attorney of the parish
				where the conviction occurred:
a. the district
				attorney of the parish where the conviction occurred shall be allowed to review
				the record of the offender since incarceration, including but not limited to
				any educational or vocational training, rehabilitative program participation,
				disciplinary conduct and risk assessment score. The district attorney shall be
				allowed to present testimony to the committee and submit information relevant
				to the proceedings.;
7.
				notify the victim, or the spouse, or next of kin of a deceased victim, when the
				offender is scheduled for a parole hearing;
8. when requested to do so, notify, in
				writing at least seven days prior to the offenders release on parole, the chief
				of police, sheriff, or district attorney of the parish where the offender will
				reside and where the conviction(s) occurred;
9. submit an annual report on its performance
				to the secretary of the Department of Public Safety and Corrections on or
				before February 1 each year for the previous calendar year. This report shall
				include statistical and other data with respect to the work committee may make
				of sentencing, parole, or related functions, and may include recommendations
				for changes considered necessary to improve its effectiveness.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 1 - Administration › Section XI-103 - Composition of the Committee

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				Louisiana Committee on Parole (Committee) shall consist of seven members:
1. the five members of the Board of Pardons
				appointed by the governor;
2.
				two-at-large appointees to the Committee on Parole appointed by the governor,
				who shall serve only as members of the committee and shall not serve as members
				of the Board of Pardons; and
3. one
				ex-officio member.
a. The warden, or in their
				absence, the deputy warden of the correctional facility in which the offender
				is incarcerated shall be an ex-officio member of the committee. When the
				offender is housed in a local correctional facility and the warden or deputy
				warden of that facility is not able to attend the offender's parole hearing,
				the warden, or in his absence, the deputy warden, of the facility where the
				offender's parole hearing is held, may serve as an ex-officio member of the
				committee. The Ex-Officio member shall not be a voting member nor shall they be
				counted or permitted to be counted for purposes of the number of members
				necessary to take committee action or the number of members necessary to
				establish quorum.
b. The facility
				Warden or his/her designee, of the local level facility in which the offender
				is housed, shall be present to provide information to members of the Parole
				Board regarding the offenders progress and disciplinary infractions during
				incarceration.
4. Each
				member shall, except the ex officio member, devote full time to the duties of
				the office.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 1 - Administration › Section XI-109 - Restrictions on the Representation of Offenders

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following persons shall not represent
				any offender, directly or indirectly, before the committee:
1. the executive counsel to the
				governor;
2. the executive
				secretary to the governor;
3. any
				member of the immediate staff of the governor;
4. any member of a law firm, law partnership,
				or law corporation of which a member, associate, or partner is the executive
				counsel to the governor, the executive secretary to the governor, or a member
				of the immediate staff of the governor.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 1 - Administration › Section XI-111 - Communications between Committee Members

Current through Register Vol. 50, No. 6, June 20, 2024
A. There shall be no informal, off-the-record
				communications regarding the merits or the substance of an offender's case
				between committee members for the purpose of influencing a decision of the
				committee outside of an official public hearing. The warden or deputy warden,
				as ex officio member, may provide information to other members of the committee
				regarding an offender's progress during incarceration. Such communication may
				be submitted in writing in advance of the offender's scheduled hearing or may
				be provided verbally during the course of the public hearing; however, as an ex
				officio member, the warden or deputy Warden shall not be a voting member of the
				committee. Any attempt by a committee member to discuss cases in an effort to
				persuade another committee member or members outside of an official public
				hearing shall be documented as set forth in §113. D 1-3.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:574.2 et seq.,
				  R.S.
				  15:535 et seq., and
				  R.S.
				  15:540 et
				  seq.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 1 - Administration › Section XI-113 - Communications with Committee Members

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1. No
				member of the committee shall transmit any correspondence to, or otherwise
				confer with, a judge before whom a convicted offender is awaiting sentencing to
				request or recommend any action relating to the sentence to be imposed upon the
				offender.
2. The committee shall
				notify the governor of its finding of a violation of this Section. However, no
				decision of the committee shall be nullified or otherwise affected by the
				participation of a member who has violated this Section, except a decision that
				involves the offender on whose behalf the request or recommendation was
				made.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 1 - Administration › Section XI-115 - Ethics and Conflicts of Interest

Current through Register Vol. 50, No. 6, June 20, 2024
A. Members of the committee are subject to
				the constraints imposed by the Louisiana
Code of Governmental
				Ethics
, which ensures the public confidence in the integrity of
				government.
B. Any member of the
				committee who has a conflict of interest must recuse himself or herself from a
				matter pending before the committee. A conflict of interest may include, but
				not be limited to the following.
1. The
				committee member is a witness.
2.
				The committee member has been employed as an attorney for the
				offender.
3. The attorney for the
				offender is the spouse of a committee member or is related to a committee
				member.
4. The offender is a
				relative of a committee member.
5.
				The committee member is biased, prejudiced, or interested in the case or its
				outcome, or biased or prejudiced toward or against the offender or the
				offender's attorney to the extent that he/she would be unable to fairly and
				impartially participate in the hearing.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 1 - Administration › Section XI-117 - Training

Current through Register Vol. 50, No. 6, June 20, 2024
A. Within 90 days
				of being appointed to the committee, each member shall complete a comprehensive
				training course developed by the board chairman in collaboration with the
				Department of Public Safety and Corrections. Each member shall complete a
				minimum of eight hours of training annually.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:574.2 et seq.,
				  R.S.
				  15:535 et seq., and
				  R.S.
				  15:540 et
				  seq.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 1 - Administration › Section XI-121 - Committee Spokesperson

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				chairman is the official spokesperson for the board. In the absence of the
				chairman, the executive director is authorized to speak on behalf of the board.
				When acting as the official spokesperson, views expressed at all times shall be
				consistent with approved board policies.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:574.2 et seq.,
				  R.S.
				  15:535 et seq., and
				  R.S.
				  15:540 et
				  seq.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 1 - Administration › Section XI-122 - Records Management and Confidentiality of Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. Parolee Record
1. The committee shall cause a complete
				record to be kept of every inmate released on parole. Such records shall be
				organized in accordance with the most modern methods of filing and indexing so
				that there always will be immediate availability of complete information about
				such inmate.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 3 - Parole-Eligibility and Types › Section XI-301 - General Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				authority for determining parole eligibility dates, offender class, good time
				release dates and full-term dates will be the official master prison record
				computed by the Louisiana Department of Public Safety and Corrections. The
				board may accept changes in the offender class and parole eligibility dates
				when recommended by the Division of Probation and Parole and verified by the
				records custodian of the Department of Public Safety and Corrections. No
				offender may be paroled while there is pending against him any indictment or
				bill of information for any crimes suspected of having been committed by him
				while a prisoner.
AUHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:574.2 et seq.,
				  R.S.
				  15:535 et seq., and
				  R.S.
				  15:540 et
				  seq.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 3 - Parole-Eligibility and Types › Section XI-303 - Regular Parole

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
				offender's eligibility is specified by Louisiana law. Parole eligibility is
				generally based on the nature of the offense, offender class, and length of
				time served. Not all offenders are eligible for parole consideration. Parole
				eligibility is determined and calculated by the Department of Public Safety and
				Corrections.
B. Generally within
				nine months prior to an offender's parole eligibility date, all pertinent
				information will be compiled concerning the offender's case.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:574.2 et seq.,
				  R.S.
				  15:535 et seq., and
				  R.S.
				  15:540 et
				  seq.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 3 - Parole-Eligibility and Types › Section XI-305 - Impact Parole

Current through Register Vol. 50, No. 6, June 20, 2024
A. A person
				otherwise eligible for parole, convicted of a nonviolent first felony offense
				or of a nonviolent second felony offense, but never having served time in the
				custody of the Department of Public Safety and Corrections, may be eligible for
				intensive parole supervision upon successful completion of intensive
				incarceration.
1. The intensive incarceration
				and parole supervision program is administered by the Department of Public
				Safety and Corrections. The offender voluntarily enrolls in the program after
				having been advised by the Department of Public Safety and Corrections of the
				rules and regulations governing the participation in the program.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 3 - Parole-Eligibility and Types › Section XI-307 - Medical Parole/Medical Treatment Furlough

Current through Register Vol. 50, No. 6, June 20, 2024
A. An offender determined by the Department
				of Public Safety and Corrections to be permanently disabled offender or
				terminally ill offender may be eligible for medical parole consideration.
1. Upon referral by the Department of Public
				Safety and Corrections, the committee may schedule the offender for a hearing
				for medical parole consideration.
2. Offenders who are serving a sentence for
				conviction of first degree murder, second degree murder, or who are sentenced
				to death are not eligible for medical parole consideration.
3. Medical parole consideration shall be in
				addition to any other parole for which an offender may be eligible. An offender
				eligible for both medical parole and traditional parole under the provisions of
				R.S.
				15:574.4 shall be first considered for
				traditional parole.
4.
Permanently Disabled Offender-
any offender who is unable to
				engage in any substantial gainful activity by reason of any
				medically-determinable physical impairment which can be expected to result in
				death or which is or can be expected to be permanently irreversible.
5.
Terminally Ill Offender-
any offender who, because of an existing medical condition, is irreversibly
				terminally ill. For the purposes of this Section, "terminally ill" is defined
				as having a life expectancy of less than one year due to an underlying medical
				condition.
6. In considering an
				offender for medical parole, the committee may require that additional medical
				evidence be produced or that additional medical examinations be
				conducted.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 3 - Parole-Eligibility and Types › Section XI-309 - Diminution of Sentence (Good Time/Parole Supervision Release)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each offender
				released on diminution of sentence/parole supervision shall be subject to
				conditions of parole pursuant to
				R.S.
				15:574.4(H) and Chapter 9 of
				these rules.
B. If an offender
				violates a condition of his diminution of sentence/parole supervision release
				or other conditions imposed by the committee shall proceed in the same manner
				as in revocation matters pertaining to those granted regular parole.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:574.2 et seq.,
				  R.S.
				  15:535 et seq., and
				  R.S.
				  15:540 et
				  seq.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 5 - Meetings and Hearings of the Committee on Parole › Section XI-501 - Types of Meetings

Current through Register Vol. 50, No. 6, June 20, 2024
A. All meetings
				and hearings of the committee shall be open to the public, in accordance with
				the provisions of
				R.S.
				42:1 et seq., (public policy for open
				meetings) and
Robert's Rules of Order
. For the purpose of
				convenience and in order to differentiate between the different types of forums
				for conducting business, the following designation or title has been given,
				depending upon the nature of the matters or actions to be considered.
1. A
business meeting
is a
				meeting of the full committee to discuss all general business matters as set
				forth in §507
2. A
public hearing
is a
				meeting of randomly selected, three or five-member panels, as set forth in
				§511
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 5 - Meetings and Hearings of the Committee on Parole › Section XI-503 - Parole Panels

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				committee shall meet in panels comprised of at least three members of the
				committee, except as otherwise provided in these rules.
B. The chairman of the committee shall
				randomly assign all three-member panels. Each panel shall appoint the
				chairperson of that three-member panel.
C. The random selection of panels shall be
				done in such a manner as to result in the smallest probability of having a
				panel constituted by the same three members for two consecutive
				months.
D. A member may request a
				change in the composition of a panel to which that member has been assigned.
				However, such requests shall be carefully considered and shall generally only
				be made in the case of illness or emergency.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:574.2 et seq., and
				  R.S.
				  15:540 et
				  seq.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 5 - Meetings and Hearings of the Committee on Parole › Section XI-504 - General Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Minutes.
				The committee's minutes of public hearings shall include the following
				information as applicable:
1. name and
				Department of Corrections (DOC) number of the offender;
2. name of counsel representing the offender
				(an offender docketed for a public hearing may be represented by
				counsel);
3. the vote of each
				member; and
4. the decision of the
				committee.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 5 - Meetings and Hearings of the Committee on Parole › Section XI-505 - Duty Officer

Current through Register Vol. 50, No. 6, June 20, 2024
A. The chairman
				of the committee or his or her designee shall develop a duty calendar and shall
				designate one committee member as the daily duty officer.
1. The duty officer shall be available and
				present to act on behalf of the committee concerning both routine office and
				administrative matters as authorized by these rules.
2. If the duty officer must substitute for
				another member at a hearing or is absent for any other reason, he or she need
				not be replaced by another duty officer.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 5 - Meetings and Hearings of the Committee on Parole › Section XI-507 - Business Meetings

Current through Register Vol. 50, No. 6, June 20, 2024
A. The full
				committee shall meet as necessary when called by the chairman of the board.
				Additional meetings may be called a majority vote of the committee.
B. The agenda for business meetings of the
				committee may include, but shall not be limited to, the following topics:
1. committee rules;
2. personnel matters;
3. litigation; and
4. any other matters the committee deems
				necessary.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 5 - Meetings and Hearings of the Committee on Parole › Section XI-510 - Victims

Current through Register Vol. 50, No. 6, June 20, 2024
A. Before a parole
				panel considers parole release for an offender who is serving a sentence of an
				offense in which a person was a victim, the direct victim of the offense shall
				be allowed to present written or oral testimony of the victim's views about the
				offense, the offender, and the effect of the offense on the victim. The parole
				panel shall allow one person to appear in person before the panel to present
				testimony on behalf of the victim. Nothing in this Section is intended to limit
				the panel's discretion to allow individual victims to make personal appearance
				or to make contact by phone through the local district attorney's victim
				advocacy representative. There is no limit on written correspondence in favor
				of and/or opposition to an offender's consideration for parole.
B. The direct victim, spouse, or next of kin
				of a deceased victim and any person who has filed a victim notice and
				registration form shall be advised in writing no less than 60 days prior to the
				scheduled hearing date.
1.
Victim
-an individual against whom a crime has been
				perpetrated.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 5 - Meetings and Hearings of the Committee on Parole › Section XI-511 - Panel Action

Current through Register Vol. 50, No. 6, June 20, 2024
A. The chairman
				shall schedule public hearings. A copy of the schedule shall be available for
				public inspection at the committee office.
B.
1. The
				panel may consider the following actions with the offender present:
a. parole;
b. revocation; and
c. recommendations for transitional work
				program.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 5 - Meetings and Hearings of the Committee on Parole › Section XI-513 - Single-Member Action

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1. A single committee member may act upon the
				following matters which have been reviewed and recommended by the Division of
				Probation and Parole:
a. activity reports (see
				§1103); and
b. activity
				reports from other states via the interstate compact agreement;
c. consideration to delay an offender's
				revocation hearing beyond 60 calendar days of the offender's return to prison
				(arrest or detainment), but such a delay may only be authorized by a committee
				member for good cause.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 5 - Meetings and Hearings of the Committee on Parole › Section XI-514 - Voting/Votes Required

Current through Register Vol. 50, No. 6, June 20, 2024
A. Unanimous
				Vote
1. A unanimous vote of those present is
				required to grant parole when the number of those present exceeds
				three.
2. Notwithstanding any other
				provision of law, no person convicted of a crime of violence against any peace
				officer as defined in
				R.S.
				14:30(B), shall be granted
				parole except after a meeting, duly noticed and held on a date to be determined
				by the chairman, at which at least five of the seven members of the committee
				are present and all members present vote to grant parole.
3. Notwithstanding any other provision of
				law, an offender serving a life sentence for second degree murder as defined in
				R.S.
				14:30.1 and pursuant to the subsections,
				shall be granted parole except after a meeting, duly noticed and held on a date
				to be determined by the chairman, at which at least five of the seven members
				of the committee are present and all members present vote to grant parole.
a. The offense was committed after July 2,
				1973, and prior to June 29, 1979.
b. The offender has served forty years of the
				sentence imposed.
4. A
				unanimous vote is required to consider any action when the offender is not
				present as described in
				§511.B.2.b or
				§513.A.4 a
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 6 - Virtual Meetings › Section XI-601 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Anchor Location
-shall be board hearing room
				  at 704 Mayflower Street, Baton Rouge, or any other physical location from which
				  the meeting originates as provided in
				  R.S.
				  42:17.2.
Chairman
-shall mean the chairman of the
				  Board of Pardons and Committee on Parole (committee), or designee.
Quorum
-shall mean a majority of members of
				  the Committee on Parole, including those present at either the anchor location
				  or participating in the meeting via electronic means.
Recording Secretary
-shall mean the member of
				  the board's staff responsible for recording the meeting.
Virtual Meeting
-shall have the same meaning
				  as "meeting via electronic means" as provided in
				  R.S.
				  42:17.2.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:14 and
				  R.S.
				  42:17.2.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 6 - Virtual Meetings › Section XI-603 - Notifying the Public of a Virtual Meeting

Current through Register Vol. 50, No. 6, June 20, 2024
A. The committee shall post the agenda for
				the virtual meeting in accordance with the Louisiana Open Meetings Law,
				R.S.
				42:11. The agenda for the virtual meeting
				shall specifically identify the meeting as a virtual meeting, or a meeting that
				will be conducted via electronic means, and shall include the following:
1. the anchor location for the virtual
				meeting;
2. an electronic link to
				access the virtual meeting;
3.
				instructions for joining the virtual meeting;
4. email address for the public to submit
				electronic comments prior to the virtual meeting;
5. the final date and time by which members
				of the public may submit electronic comments prior to the virtual
				meeting.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 6 - Virtual Meetings › Section XI-605 - Public Comment Prior to and during a Virtual Meeting

Current through Register Vol. 50, No. 6, June 20, 2024
A. Members of the public wishing to
				participate in a virtual meeting may do so.
B. Members from the public wishing to provide
				public comment on any agenda item prior to the virtual meeting may do so by
				emailing those comments to the email designated on the agenda and the board's
				website. Such public comment(s) shall include the following information:
1. the individual's name;
2. entity/company represented (if
				applicable);
3. title/position (if
				applicable);
4. agenda item for
				which he/she is providing comment.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 6 - Virtual Meetings › Section XI-607 - Procedure During a Virtual Meeting

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon
				commencement of the meeting, all members of the public shall be muted. Once the
				meeting is called to order, the chairman shall state that this is a virtual
				meeting of the Committee on Parole and shall provide the manner in which the
				public may submit or make comments during the meeting.
B. Prior to the introduction of the first
				agenda item, the recording secretary shall take roll to establish a quorum.
				Members of the committee may either be present at the anchor location or
				participate via electronic means.
1. Unless a
				member of the committee has requested an accommodation, in order to participate
				in a virtual meeting via electronic means, they must participate via audio and
				video. As such, any member of the board participating via electronic means must
				be visually present throughout the meeting.
2. In the event a board member's audio or
				video capabilities are compromised, he/she may no longer be counted for
				purposes of a quorum, and thus, may not vote on any agenda item for which the
				audio or video was compromised.
3.
				A member of the board who is physically present at the anchor location and
				visible through the anchor location's camera shall satisfy the requirements for
				purposes of a quorum and participation.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 7 - Parole Decisions › Section XI-701 - Policy Statement

Current through Register Vol. 50, No. 6, June 20, 2024
A. It shall be
				the policy of the committee to give every offender meaningful consideration for
				parole. The committee will exercise its discretionary releasing authority based
				upon consideration of the unique factors and variables of the individual case.
				The committee shall determine release suitability of eligible offenders through
				decisions that promote fairness, objectivity, and public safety and are
				responsive to the concerns of victims, members of the community, and other
				persons within the criminal justice system.
B. The committee shall consider all pertinent
				information (pre-parole investigation and institutional record) at least six
				months prior to the offender's parole eligibility date. The information shall
				be a part of the offender's consolidated summary record. At a minimum, a
				pre-parole investigation shall be made available to the panel for its review.
				No case may be considered for parole release without a pre-parole
				investigation.
C. The panel shall
				apply the following guidelines as a basis, but not as the exclusive criteria,
				upon which parole panels base parole release decisions.
1. Nature and Circumstances of the Crime
a. The committee will evaluate and consider
				the circumstances of the crime based upon the official version of the offense,
				as well as the victim's and offender's versions of the offense, to determine,
				if possible, whether the particular conditions that contributed to the
				commission of the crime are likely to reoccur.
b. The committee shall also consider the
				seriousness of the offense, the offender's role in the offense and the degree
				of his involvement, whether the offender was the instigator of the crime, and
				whether the crime was premeditated.
c. Particular consideration will be given to
				those cases which involved the use of a weapon and/or caused injury to the
				victim; where the offender committed one or more violent acts indicating a
				conscious disregard for the lives, safety, or property of others; or the
				instant offense has elements of brutality, violence, or conscious selection of
				victim's vulnerability such that the offender poses a continuing threat to
				public safety.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 7 - Parole Decisions › Section XI-703 - Result of Decision to Grant or Deny Parole

Current through Register Vol. 50, No. 6, June 20, 2024
A. The committee's decision to grant or deny
				parole will be made and disclosed to the offender at the time of the parole
				hearing and he will be furnished with a copy of the parole decision form. The
				parole decision form shall also be made available to the administration at the
				facility housing the offender.
1. The
				original parole decision form will be placed in the offender's DOC record and
				will serve as the authority for the certificate of parole to be
				prepared.
2. The certificate will
				then be forwarded to the Division of Probation and Parole district office where
				the offender will be supervised while on parole.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 7 - Parole Decisions › Section XI-705 - Application for Parole Rehearing or Request for Reconsideration of Decision

Current through Register Vol. 50, No. 6, June 20, 2024
A. If denied at the
				initial parole hearing, an offender must apply in writing for a subsequent
				parole hearing, referred to as a "parole rehearing". The written request must
				be submitted by the offender or his attorney.
B. Application for a parole rehearing will be
				allowed only under the following conditions.
1. The offender must not have had a major
				(schedule B) disciplinary misconduct report in the six months prior to the
				reapplication request;
2. The
				offender must not have been in disciplinary lockdown status for a period of six
				months prior to the reapplication request.
3. If both criteria in
				§705.B.1 are met, an
				offender may apply to the committee for a rehearing at the following intervals.
Type of Crime
Request for Rehearing
Nonviolent, except as otherwise restricted
6 mos after most recent denial
Crime of Violence enumerated in
							 R.S.
							 14:2(B)
Every 2 yrs after most recent denial
Crime Against Person enumerated in
Every 2 yrs after most recent denial
R.S. 14:29-47
Sex Offense as defined in §903
Every 2 yrs after most recent denial
Murder, 1st or 2nd degree
Every 2 yrs after most recent denial
Manslaughter
Every 2 yrs after most recent denial
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 7 - Parole Decisions › Section XI-707 - Parole Plans

Current through Register Vol. 50, No. 6, June 20, 2024
A. In order for an
				offender to be considered for parole release, the offender must have a viable
				transition plan that includes housing, potential job opportunities, and a
				support network that can incorporate family, friends, church, and
				rehabilitative programs. The plan for housing and will be investigated and
				approved by the Division of Probation and Parole.
B. In-State Parole
1. The board will not issue a certificate of
				parole to anyone granted parole until the residence plan has been approved by
				the Division of Probation and Parole. The residence plan should be given to the
				classification officer at the correctional facility where the offender is
				housed at the pre-parole interview or mailed directly to the board 30 days
				prior to the parole hearing.
2. A
				parole hearing may be held as docketed without an approved residence plan.
				Parole may be granted at the hearing, subject to the residence plan being
				approved through the Division of Probation and Parole.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 7 - Parole Decisions › Section XI-709 - Parole to Detainer

Current through Register Vol. 50, No. 6, June 20, 2024
A. When the
				committee determines that it would be in the best interest of the public and
				the inmate, parole may be granted subject to any outstanding detainers or
				notices that are held by local and/or immigration authorities. Once the parolee
				is released from the detaining authority, he must report to the Division of
				Probation and Parole district office where he will be supervised while on
				parole.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:574.2 et seq.,
				  R.S.
				  15:535 et seq., and
				  R.S.
				  15:540 et
				  seq.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 7 - Parole Decisions › Section XI-711 - Conditional Parole

Current through Register Vol. 50, No. 6, June 20, 2024
A. When the
				committee determines that it would be in the best interest of the public and
				the offender, the committee may require successful completion of a specific
				rehabilitative program (i.e., substance abuse treatment, transitional work
				program, 100 hours of pre-release training, reentry program, attainment of high
				school equivalency (HSE) as a prerequisite to release on parole to ensure
				public safety and enhance the offenders opportunity for success.
1. For conditional parole decisions, the
				committee will generally require completion of programs that have been
				certified by the Department of Public Safety and Corrections or that are
				recommended by the Division of Probation and Parole.
2. Program completion should occur within six
				months from the parole decision. However, if the program is more than six
				months in duration, the offender may be allowed up to nine months after the
				parole decision to complete the specified program. In no event, however, may
				the physical release from custody on parole extend beyond nine months from the
				hearing date.
3. If the offender
				has not successfully completed the program in nine months from the hearing
				date, the committee shall rescind or reconsider his parole and schedule a
				subsequent hearing.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 7 - Parole Decisions › Section XI-713 - Parole Supervision

Current through Register Vol. 50, No. 6, June 20, 2024
A. Field
				supervision of parolees will be the responsibility of the Department of Public
				Safety and Corrections, Division of Probation and Parole.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:574.2 et seq.,
				  R.S.
				  15:535 et seq., and
				  R.S.
				  15:540 et
				  seq.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 8 - Ameliorative Penalty Consideration › Section XI-801 - Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. An offender may
				apply for ameliorative penalty consideration in as provided by
				R.S.
				15:308(C) relative to
				ameliorative penalty provisions, in accordance with rules promulgated by the
				Department of Public Safety and Corrections.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:574.2 et seq.,
				  R.S.
				  15:535 et seq., and
				  R.S.
				  15:540 et
				  seq.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 8 - Ameliorative Penalty Consideration › Section XI-802 - Victim and District Attorney Notification [Formerly Section 807]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The victim and
				district attorney shall be invited to provide written input into the
				ameliorative penalty consideration process.
B. The committee shall ensure victims
				registered with the Crime Victims Services Bureau of the department receive
				written notification of the date and time an offender is docketed for review by
				a parole panel. A copy of the letter to the victim shall also be sent to the
				prosecuting district attorney. Such notice shall be made no less than 30 days
				prior to the scheduled docket date for administrative review.
C. In any case where there is no registered
				victim, the prosecuting district attorney shall be provided notice as set forth
				above.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:574.2 et seq., and
				  R.S.
				  15:540 et
				  seq.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 8 - Ameliorative Penalty Consideration › Section XI-803 - Committee Evaluation

Current through Register Vol. 50, No. 6, June 20, 2024
A. After a
				determination that an offender qualifies for consideration under
				R.S.
				15:308(C) and rules set by
				the department, the Department of Public Safety and Corrections shall forward
				all such applications to the Committee on Parole. The case shall be set for
				administrative review by a parole panel.
B. The panel shall evaluate the record of any
				offender whose application is submitted by the department, taking into
				consideration the risk of danger the applicant would pose to society if
				released from confinement. Such evaluation may be conducted by record review,
				telephone or video conference, or other meeting technology at the discretion of
				the panel.
C. The criteria for such
				evaluation includes, but is not limited to the guidelines listed in Chapter 7,
				§701. C 1, 2, 4, and D.8. In addition, an offender shall be considered
				inappropriate for recommendation to the Board of Pardons for ameliorative
				penalty consideration for one or any combination of the following:
1. poor conduct and/or disciplinary record,
				including habitual and compulsive violent behavior, consistent signs of bad
				work habits, lack of cooperation or good faith effort and/or other undesirable
				behavior;
2. maximum custody
				status, except those offenders assigned to maximum custody based solely upon
				classification criteria other than disciplinary reasons;
3. low level of program activity and/or
				completion when compared to program opportunity and availability;
4. extensive habitual and or violent criminal
				history;
5. extensive supervision
				revocation history.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 8 - Ameliorative Penalty Consideration › Section XI-805 - Parole Panel Decision/Recommendation

Current through Register Vol. 50, No. 6, June 20, 2024
A. All members of the panel will vote
				individually to grant or deny (with or without instructions) the offender's
				application. Any recommendation of the panel shall not be binding on the board.
1. If the offender's application is granted,
				the application and packet shall be forwarded to the Board of Pardons with a
				recommendation for reduction in sentence pursuant to
				R.S.
				15:308.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 8 - Ameliorative Penalty Consideration › Section XI-807 - Victim Notification (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:574.2 et seq., and
				  R.S.
				  15:540 et
				  seq.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 8 - Ameliorative Penalty Consideration › Section XI-809 - Consideration by the Board of Pardons

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Upon receipt of a recommendation for ameliorative review consideration from the
				Committee on Parole, the Board of Pardons shall notify the offender in writing
				of the requirement to place advertisement in the official journal of the parish
				where the offense occurred. The ad must state: "I, (applicant's name), (DOC
				number), have applied for ameliorative penalty consideration for my conviction
				of (crime). If you have any comments, contact the Board of Pardons (225)
				342-5421."
B. The applicant shall
				provide the board office with proof of advertisement within 60 days from the
				date of notice that a hearing has been granted.
C. After receipt of the clemency
				investigation from the appropriate probation and parole district and any other
				documents requested by the board, the board shall set the matter for public
				hearing.
D. The procedure for
				hearings conducted for the purpose of ameliorative penalty consideration shall
				follow the procedures outlined in LAC 22:V.211 and board policy 02-209,
				"Hearings before the Board of Pardons."
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:574.2 et seq., and
				  R.S.
				  15:540 et
				  seq.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 9 - Conditions of Parole › Section XI-901 - Certificate of Parole

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				certificate of parole will not become operative until specific conditions of
				release have been acknowledged and agreed to in writing by the offender.
1. The offender shall be advised orally and
				in writing of the conditions of parole prior to his release from
				incarceration.
2. The conditions of
				parole shall include, but not be limited to, those conditions contained in the
				certificate of parole, as approved by the committee and the Division of
				Probation and Parole pursuant to the provisions of
				R.S.
				15:574.4.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 9 - Conditions of Parole › Section XI-903 - Sex Offenders; General

Current through Register Vol. 50, No. 6, June 20, 2024
A.
Sex
				Offender
-an offender/parolee who has been convicted for the
				commission, attempted commission, or conspiracy to commit any offense as cited
				in
				R.S.
				15:541, or the equivalent, if committed in
				another jurisdiction.
B. The
				committee will consider any offender who has been convicted of a sex offense,
				when the law permits parole consideration for that offense and the offender is
				otherwise eligible.
C. In addition
				to any other notification requirement imposed by law, any sex offender released
				on parole shall be required to register and provide notification as a sex
				offender in accordance with
				R.S.
				15:542 et seq.
D. Any sex offender released on parole shall
				be required to comply with the prohibitions and conditions of parole detailed
				in 15:538 et seq.
E. Any sex
				offender released on parole shall be required to comply with conditions of
				R.S.
				15:574.2.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:574.2 et seq.,
				  R.S.
				  15:535 et seq., and
				  R.S.
				  15:540 et
				  seq.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 11 - Violations of Parole › Section XI-1101 - Types of Violations

Current through Register Vol. 50, No. 6, June 20, 2024
A. New
				Felony Conviction-Automatic Revocation
1.
				Parole will be automatically revoked when a parolee is convicted and sentenced
				in Louisiana for a new felony.
2. A
				parolee who is convicted of a new felony in another state, or of a misdemeanor
				which if committed in this state would be a felony, shall have his parole
				revoked.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 11 - Violations of Parole › Section XI-1103 - Activity Report

Current through Register Vol. 50, No. 6, June 20, 2024
A. An activity
				report is used by the Division of Probation and Parole to advise the committee
				of an offender's actions for informational purposes and document and notify an
				offender's violation of the conditions of parole. An activity report may, or
				may not, require action by the committee.
1.
				If action by the committee is necessary, the activity report will normally be
				used to recommend the following:
a. issuance
				of an arrest warrant;
b. issuance
				of a reprimand (usually not in custody);
c. removal of a detainer to allow
				bond;
d. suspension of
				supervision;
e. unsatisfactory
				termination of parole;
f. impose,
				add, or modify special conditions of parole;
g. revocation of parole and
h. hold parolee pending disposition of
				charges.