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Louisiana Parole, Probation, Work Release & Community Service All information relating to parole, probation, work release and community service in Louisiana should be posted here.

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  #1  
Old 12-11-2014, 07:54 PM
NEW2ITALL NEW2ITALL is offline
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Default Husband qualifies for parole due to Senate Bill, who do I call?

My husband is in Hunts in Baton Rouge,La. There was a law passed on 8/1/2014 that applies to him. I called Hunts records and they informed me that once the DOC headquarters send them the paperwork showing that the Senate Bill applies to my husband they will apply it to his rap sheet. I'm afraid of sitting back doing nothing, being there are thousands of inmates that they are dealing with. My question is who should I write at the DOC headquarters to bring notice to my situation.
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Old 12-11-2014, 08:34 PM
knordyke knordyke is offline
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Is he an habitual offender? Is this act 340 of 2014? What law, what offense, date of offense and years served and maybe we can sort this out.













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Originally Posted by NEW2ITALL View Post
My husband is in Hunts in Baton Rouge,La. There was a law passed on 8/1/2014 that applies to him. I called Hunts records and they informed me that once the DOC headquarters send them the paperwork showing that the Senate Bill applies to my husband they will apply it to his rap sheet. I'm afraid of sitting back doing nothing, being there are thousands of inmates that they are dealing with. My question is who should I write at the DOC headquarters to bring notice to my situation.
__________________
As always, the above is NOT specific legal advice and is only a general statement of the issues and a general, non-specific statement of my opinion of the law. I do not give any legal advice without having met with the client and certainly not over the internet without an attorney client relationship.

http://www.louisianaparole.com/

Keith
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  #3  
Old 12-13-2014, 01:40 AM
NEW2ITALL NEW2ITALL is offline
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Is he an habitual offender? Is this act 340 of 2014? What law, what offense, date of offense and years served and maybe we can sort this out.
No he is not an habitual offender. This is actually his first time ever doing jail time. But before his arrest in 2008 he had not been arrested since 1995-96. I believe its Act 124 or 126... its a Senate Bill that was passed on 8/1/2014. Just in case I have the Act # wrong. Here is what I know about it. If your a second offender and your first offense occurred 10 years prior and your not an habitual offender you qualify for a parole date. He's on drug charges (nonviolent), He has already done 6 years on a 25 year sentence and he has completed several good time programs. I hope this is enough information for you to help me.

Last edited by NEW2ITALL; 12-13-2014 at 01:50 AM..
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Old 12-13-2014, 06:41 AM
knordyke knordyke is offline
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I think I know the bill. I'll check later today and post what I find. It is a bill that "cleans" a record after ten years off supervision. I can't recall without looking at it whether it will allow for parole to kick or if it only allows negation of the habitual offender status.


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Originally Posted by NEW2ITALL View Post
No he is not an habitual offender. This is actually his first time ever doing jail time. But before his arrest in 2008 he had not been arrested since 1995-96. I believe its Act 124 or 126... its a Senate Bill that was passed on 8/1/2014. Just in case I have the Act # wrong. Here is what I know about it. If your a second offender and your first offense occurred 10 years prior and your not an habitual offender you qualify for a parole date. He's on drug charges (nonviolent), He has already done 6 years on a 25 year sentence and he has completed several good time programs. I hope this is enough information for you to help me.
__________________
As always, the above is NOT specific legal advice and is only a general statement of the issues and a general, non-specific statement of my opinion of the law. I do not give any legal advice without having met with the client and certainly not over the internet without an attorney client relationship.

http://www.louisianaparole.com/

Keith
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  #5  
Old 12-13-2014, 12:24 PM
NEW2ITALL NEW2ITALL is offline
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Originally Posted by knordyke View Post
I think I know the bill. I'll check later today and post what I find. It is a bill that "cleans" a record after ten years off supervision. I can't recall without looking at it whether it will allow for parole to kick or if it only allows negation of the habitual offender status.
Okay..I will see if I have the actually numbers for this Act because I'm more than sure its for a parole date because he don't have one at all. Thanks again
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  #6  
Old 12-13-2014, 07:08 PM
knordyke knordyke is offline
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It's act 126. I remember outlining this bill on my web page and went back and found it. I also looked up the act. Here's the scoop: If there is a FULL Ten year period from the END of the maximum sentence given for the last offense (meaning completely off supervision such as parole) and the new offense, then the previous offense can be not counted. This- like almost everything in this business- doesn't apply to a sex offense or crime of violence.

So- Assuming that an offender FULLY served out the first sentence in 1995, then the recent charge should be parole eligible under 15:574.4. Further, he should be parole eligible as a first offender (at 25%).

Please note that ALL of the above is predicated on hypothetical facts and in no way am I rendering advice as to a specific situation. I don't render advice absent obtaining documents and full interviews with the client.

How I would handle this and how an offender should attempt to get this issue corrected will differ.
__________________
As always, the above is NOT specific legal advice and is only a general statement of the issues and a general, non-specific statement of my opinion of the law. I do not give any legal advice without having met with the client and certainly not over the internet without an attorney client relationship.

http://www.louisianaparole.com/

Keith
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  #7  
Old 12-15-2014, 06:08 AM
NEW2ITALL NEW2ITALL is offline
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Quote:
Originally Posted by knordyke View Post
It's act 126. I remember outlining this bill on my web page and went back and found it. I also looked up the act. Here's the scoop: If there is a FULL Ten year period from the END of the maximum sentence given for the last offense (meaning completely off supervision such as parole) and the new offense, then the previous offense can be not counted. This- like almost everything in this business- doesn't apply to a sex offense or crime of violence.

So- Assuming that an offender FULLY served out the first sentence in 1995, then the recent charge should be parole eligible under 15:574.4. Further, he should be parole eligible as a first offender (at 25%).

Please note that ALL of the above is predicated on hypothetical facts and in no way am I rendering advice as to a specific situation. I don't render advice absent obtaining documents and full interviews with the client.

How I would handle this and how an offender should attempt to get this issue corrected will differ.
Thank You. Is there anyway I can speak with you to find out how it should be handled.
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