View Full Version : Changes for Violent Offenders From 85% to 65%?


LoriLynnLee
08-13-2010, 05:17 PM
Hey, I haven't seen anything on this and can't seem to find anything on the legislature website... but...

My boyfriend is at a work release facility, and rumor is going around there that, if passed in August, violent offenders will be eligible for release after serving 65% of their time. He said if passed, it will go into effect starting October 15th and would be retroactive or something.... I've been looking up everything I can on future bills potentially changing Act 1099 in the state of Louisiana, yet I keep reaching a dead-end. Any help would be greatly appreciated. Thanks!

hoodwink
08-13-2010, 09:44 PM
Hey, I haven't seen anything on this and can't seem to find anything on the legislature website... but...

My boyfriend is at a work release facility, and rumor is going around there that, if passed in August, violent offenders will be eligible for release after serving 65% of their time. He said if passed, it will go into effect starting October 15th and would be retroactive or something.... I've been looking up everything I can on future bills potentially changing Act 1099 in the state of Louisiana, yet I keep reaching a dead-end. Any help would be greatly appreciated. Thanks!

sent you a Pm :)

busybee25
08-14-2010, 01:39 AM
true,actually it's 75 % percent it's posted in the louisiana forum. I'm not sure about it being retroactive or for violent offenders i'm not sure so dont be alarmed but if you go into the louisiana forum you"ll find some info on the amendment.

LoriLynnLee
08-14-2010, 12:34 PM
Thanks! =)

diane135130
08-15-2010, 06:33 AM
It is NOT retroactive and I know that because I sat in on the criminal justice committee hearing when the bill was voted on to proceed through the System. The only way they could even get it in was to if it was NOT retroactive. That's the only way the district attorney's association would support it. There were several bills that got in that day like that.

diane135130
08-16-2010, 07:15 AM
Hey, I haven't seen anything on this and can't seem to find anything on the legislature website... but...

My boyfriend is at a work release facility, and rumor is going around there that, if passed in August, violent offenders will be eligible for release after serving 65% of their time. He said if passed, it will go into effect starting October 15th and would be retroactive or something.... I've been looking up everything I can on future bills potentially changing Act 1099 in the state of Louisiana, yet I keep reaching a dead-end. Any help would be greatly appreciated. Thanks!


Ok, I'm going to say this one more time....That law did NOT get made retroactive. I sat in on the criminal justice committe hearing when it first came up and they only way they could even get it into the session was to amend it so that it was NOT retroactive. That was the only way that the District Attorney's Association would let it go into the session to even be voted on. The bill needed the District Attorney's Association vote to get in ..... so no retroactivity! That happened with several good laws that passed. In other words, anyone who is in prison and deserves this break will NOT get it! :angry:

dragonflies
08-18-2010, 03:01 PM
Ok if it isn't retroactive, who exactly benefits? We already have been notified that some inmates at our local DC are getting out early because of this. They were notified as well.

busybee25
08-18-2010, 09:46 PM
[quote=dragonflies;5604878]Ok if it isn't retroactive, who exactly benefits? We already have been notified that some inmates at our local DC are getting out early because of this. They were notified as well.[/quote


somone said it wasn't retroactive but it was offically confirmed that my husband would be getting a new rap sheet print out with his new release date and this is after i wrote that i wasn't sure he told me this,so if it's not retroactive why is he getting a new out date??:confused:

mom2qtee
09-07-2010, 08:48 PM
true,actually it's 75 % percent it's posted in the louisiana forum. I'm not sure about it being retroactive or for violent offenders i'm not sure so dont be alarmed but if you go into the louisiana forum you"ll find some info on the amendment.

Where can I find this information? I can't find anything regarding Act 1099 revisions online. I appreciate any help you have. Thanx!!

swampqueen
09-07-2010, 11:07 PM
I talked to DOC, and they told me that this bill made it through the house, but not the senate.

busybee25
09-09-2010, 02:53 PM
Where can I find this information? I can't find anything regarding Act 1099 revisions online. I appreciate any help you have. Thanx!! I couldn't find anything on that one but there is another set to take effect on oct.15 and it's retroactive back until 1992 for non-violent and first time violent offenders,I'm currently searching for more info but my husband was told after oct.15 he would receive a new rapsheet... I'll pm you as soon as i find the link...

paigetteg
09-09-2010, 03:15 PM
I couldn't find anything on that one but there is another set to take effect on oct.15 and it's retroactive back until 1992 for non-violent and first time violent offenders,I'm currently searching for more info but my husband was told after oct.15 he would receive a new rapsheet... I'll pm you as soon as i find the link...
Are you sure its for first time violent offenders because that is my son.I try not to get my hopes up,but he is a first time violent offender.If you find out more,please let me know.

nogurl
09-09-2010, 06:37 PM
I spoke with a criminal attorney today who said that this new act does not apply to anyone serving time for a violent crime. It only applies to non-violent felonies. The confusing "second-time violent offender" part of it applies to someone who had previously been convicted of a violent crime (first offense) but is currently in jail for a non-violent crime. If he/she were serving time for a second violent offense, they would not be eligible for this act.

I hope that I didn't confuse y'all even more.

I was also praying that it would help my brother who is a first-time violent offender. There doesn't seem to be much out there for people in this situation.

diane135130
09-10-2010, 06:58 AM
ACT No. 649
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010 ENROLLED
SENATE BILL NO. 312
BY SENATOR MORRISH AN ACT
To amend and reenact R.S. 15:571.3(B)(1), relative to diminution of sentence for good behavior; to provide for application; to provide for an effective date; and to provide for related matters. Be it enacted by the Legislature of Louisiana:
Section 1. R.S. 15:571.3(B)(1) is hereby amended and reenacted to read as follows:
571.3. Diminution of sentence for good behavior
* * *
B.(1)(a) Except as provided in Paragraph (B)(2) of this Section, every inmate
in the custody of the department who has been convicted of a felony, except an
inmate convicted a second time of a crime of violence as defined by R.S. 14:2(B),
and sentenced to imprisonment for a stated number of years or months, or when the
sentencing court has denied or conditioned eligibility for "good time" as provided in
R.S. 15:537, may earn, in lieu of incentive wages, a diminution of sentence by good
behavior and performance of work or self-improvement activities, or both, to be
known as "good time." Those inmates serving life sentences will be credited with
good time earned which will be applied toward diminution of their sentences at such
time as the life sentences might be commuted to a specific number of years. The
secretary shall establish regulations for awarding and recording of good time and
shall determinewhen good time has been earned toward diminution of sentence. The
amount of diminution of sentence allowed under the provisions of this Section shall
be at the rate of thirty-five days for every thirty days in actual custody.
(b) The provisions of Subparagraph (a) of this Paragraph shall be
applicable to persons convicted of offenses on or after January 1, 1992 and who
are not serving a sentence for the following offenses:


Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(i) A sex offense as defined in R.S. 15:541.
(ii) A crime of violence as defined in R.S. 14:2(B).
(iii) Any offense which would constitute a crime of violence as defined
in R.S. 14:2(B) or a sex offense as defined in R.S. 15:541, regardless of the date
of conviction.
* * *
Section 2. The provisions of this Act shall provide no basis for any action by any
8 inmate in custody of the Department of Public Safety and Corrections to seek release or to
see any type of legal redress.
Section 3. This Act shall become effective on October 15, 2010.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:

diane135130
09-10-2010, 07:01 AM
Here is the other one:

Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010 ENROLLED
SENATE BILL NO. 589
BY SENATOR GUILLORY AND REPRESENTATIVE HARDY
AN ACT
To amend and reenact R.S. 15:571.5(C) and 574.9(E), relative to criminal procedure; to
allow good behavior credit while on parole; and to provide for related matters. Be it enacted by the Legislature of Louisiana:
Section 1. R.S. 15:571.5(C) and 574.9(E) are hereby amended and reenacted to read as follows: 571.5. Supervision upon release after diminution of sentence for good behavior; conditions of release; revocation
* * *
C. If such person's parole is revoked by the parole board for violation of the
terms of parole, the person shall be recommitted to the department for the remainder
of the original full term. , subject to credit for time served for good behavior
while on parole.
* * *
574.9. Revocation of parole for violation of condition; board panels; return to
custody hearing; duration of reimprisonment and reparole after
revocation; credit for time served; revocation for a technical violation
* * *
E. When the parole of a parolee has been revoked by the board for the
violation of the conditions of parole, the parolee shall be returned to the physical
custody of the Department of Public Safety and Corrections, office of corrections
services, and serve the remainder of his sentence as of the date of his release on
parole, subject to consideration by the board of any commutation of the sentence,
SB NO. 589 ENROLLED
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
and any diminution of sentence earned for good behavior while in the institution.
credit for time served for good behavior while on parole. The parolee shall be
given credit for time served prior to the revocation hearing whether such time is
served in a local detention facility, state institution, or out-of-state institution
pursuant to Code of Criminal Procedure Article 880. The parolee shall not
receive credit for such time served prior to the revocation hearing where the
revocation is based on the subsequent conviction of a crime, in which case the
parolee will receive credit for time served for the subsequent conviction pursuant to
Code of Criminal Procedure Article 880.
* * *
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:

paigetteg
09-10-2010, 07:35 PM
Here is the other one:

Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010 ENROLLED
SENATE BILL NO. 589
BY SENATOR GUILLORY AND REPRESENTATIVE HARDY
AN ACT
To amend and reenact R.S. 15:571.5(C) and 574.9(E), relative to criminal procedure; to
allow good behavior credit while on parole; and to provide for related matters. Be it enacted by the Legislature of Louisiana:
Section 1. R.S. 15:571.5(C) and 574.9(E) are hereby amended and reenacted to read as follows: 571.5. Supervision upon release after diminution of sentence for good behavior; conditions of release; revocation
* * *
C. If such person's parole is revoked by the parole board for violation of the
terms of parole, the person shall be recommitted to the department for the remainder
of the original full term. , subject to credit for time served for good behavior
while on parole.
* * *
574.9. Revocation of parole for violation of condition; board panels; return to
custody hearing; duration of reimprisonment and reparole after
revocation; credit for time served; revocation for a technical violation
* * *
E. When the parole of a parolee has been revoked by the board for the
violation of the conditions of parole, the parolee shall be returned to the physical
custody of the Department of Public Safety and Corrections, office of corrections
services, and serve the remainder of his sentence as of the date of his release on
parole, subject to consideration by the board of any commutation of the sentence,
SB NO. 589 ENROLLED
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
and any diminution of sentence earned for good behavior while in the institution.
credit for time served for good behavior while on parole. The parolee shall be
given credit for time served prior to the revocation hearing whether such time is
served in a local detention facility, state institution, or out-of-state institution
pursuant to Code of Criminal Procedure Article 880. The parolee shall not
receive credit for such time served prior to the revocation hearing where the
revocation is based on the subsequent conviction of a crime, in which case the
parolee will receive credit for time served for the subsequent conviction pursuant to
Code of Criminal Procedure Article 880.
* * *
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:

I kinda figured I would get my hopes up for nothing,but I wont ever stop trying to get my son home sooner...Thanks for posting this Diane.