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Louisiana Parole, Probation, & Release All information relating to parole, probation or release in Louisiana should be posted here.

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  #1  
Old 08-17-2010, 02:18 PM
awol619 awol619 is offline
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Default New parole laws passed Aug. 15

Does anyone have any info on a new law that was passed Aug. 15 that would give parolees credit for time spent out of custody? Reason I am asking is my husband was out on parole more than a year before getting into trouble and he is back in Louisiana and has a parole revocation hearing next week. Someone at EHCC said there was a new law passed that would give him credit for that year-plus he was out. They are probably going to revoke his parole, but getting credit for that time would help. Any info is appreciated.
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Old 08-17-2010, 03:19 PM
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I found the info, but it won't let me link the Web site since I don't have more than 15 posts on prisontalk. PM me if you want the info- tried copy and paste, but it didn't work right. Basically says that is someone's parole is revoked by the parole board, the person can be sent back to jail for the remainder of their time, subject to credit for time served for good behavior while on parole.

This is the silver lining my husband needs, and I hope this helps somebody else too. I would never have known if it wasn't for the person at EHCC I spoke to today.
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Old 08-18-2010, 05:02 AM
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Hunt has Always been a wealth of information. Did they say if it was retroactive? I'll try to get time to go to "esislative website today and find out.
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Old 08-18-2010, 06:09 AM
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Here is the link to the Act about credit but it doesn't say if it effects those already in prison or not. Hopefully, it does. Hunt can probably answer that question:

http://www.legis.state.la.us/billdat...asp?did=722892
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  #5  
Old 08-18-2010, 12:25 PM
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Our local DC said it was going back for 10 years. Can't comfirm it though.
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Old 08-18-2010, 01:34 PM
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I read it but still really don't understand what it said. Is it just for those eligible for parole? Feeling more than a little dumb......
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Old 08-20-2010, 01:19 PM
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I don't know all the details, but for me- my husband was released last year and got an interstate compact agreement from LA to go to Texas where we were. However, he got into some trouble and LA came and got him. He goes to a parole revocation hearing next week and the woman at EHCC told me that because of this new law, if they do revoke his parole (which they probably will), he will get credit for the year-plus he's been out on parole. Assuming that prior to the law being changed, he would have had to do the time left on his sentence if they revoked his parole. Hope that helps.
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  #8  
Old 08-20-2010, 01:49 PM
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My husband is currently in prison in Louisiana. He just got a new rap sheet yesterday and it changed his release date by 2 months earlier. Also, it gave him a hearing for early parole (at a third of his time) in December of this year. I hope he gets it!
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Old 08-27-2010, 10:39 AM
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Wow, this could be just what my boyfriend was waiting for. Anyone know yet if it's retroactive?
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Old 08-27-2010, 01:25 PM
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Quote:
Originally Posted by chi2texas View Post
Wow, this could be just what my boyfriend was waiting for. Anyone know yet if it's retroactive?
To answer my own question, It's NOT retroactive..... But it did give my boyfriend 2 months off! I'll take it!!
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  #11  
Old 08-27-2010, 03:12 PM
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Quote:
Originally Posted by chi2texas View Post
To answer my own question, It's NOT retroactive..... But it did give my boyfriend 2 months off! I'll take it!!

how did you find out it wasnt?
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Old 08-27-2010, 05:42 PM
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Quote:
Originally Posted by confusednow View Post
how did you find out it wasnt?
Actually, now that I think about it, I'm not 100% if all of it is not retroactive. I called classifications at EHCC and she told me the part about receiving good time credit for time spent on parole was NOT retroactive. Only for cases after August 15th. I'm unsure if the part about receiving credit for time served before the revocation hearing IS retroactive. I'm a bit confused because the new laws gave my boyfriend 2 months off his sentence, but I'm unsure where the two months comes from. Any one out there know how to find out if any of the changes are in fact retroactive???
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  #13  
Old 08-28-2010, 04:41 AM
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Go to legislative web site then click
On "session" then click on "2010 regular session". Then do a seaech of act regarding parole. That site will lead you to everything you want to know.
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  #14  
Old 08-28-2010, 07:14 AM
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Ok, if this works right, I will copy and paste the act about credit while on parole:
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,
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  #15  
Old 08-29-2010, 09:40 AM
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Here is another Act (649) that will become effective October 15, 2010 but is retroactive back to Jan. 1, 1992. It should help some people who are currently under Act 138. It's rather contradictory since it mentions in the beginning that a SECOND OFFENSE of Crime of Violence does qualify but then at the end it eliminates ALL violent offeners so I'm not sure that one will be interpreted but there is caselaw supporting the defendant if there is ambiguity in the statute. It might be worth doing an ARP on just to see how they will handle it. ????? Good Luck everybody!

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 whoare not serving a sentence for the following offenses:
(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 definedin R.S. 14:2(B) or a sex offense as defined in R.S. 15:541, regardless of the dateof conviction.

* * *
Section 2. The provisions of this Act shall provide no basis for any action by any 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.
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  #16  
Old 08-29-2010, 09:43 AM
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Forgot to mention that this is Act 791 for anyone who needs to know.
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Old 08-30-2010, 05:02 PM
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Quote:
Originally Posted by scorpiolover28 View Post
My husband is currently in prison in Louisiana. He just got a new rap sheet yesterday and it changed his release date by 2 months earlier. Also, it gave him a hearing for early parole (at a third of his time) in December of this year. I hope he gets it!
Was this his first offense? What facility is he in?
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Old 08-30-2010, 05:52 PM
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Was this his first offense? What facility is he in?
That's Great!!!! Does anyone know where the 2 months comes from? That seems to be the case for several people.
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Old 09-01-2010, 10:13 AM
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Husband's parole was revoked and he got six months instead of the year+ he was thinking. Hunt also said he could get out earlier if he doesn't have any discipline problems and he takes classes they offer for anger management, substance abuse, etc...
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Old 09-01-2010, 12:11 PM
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Originally Posted by awol619 View Post
Husband's parole was revoked and he got six months instead of the year+ he was thinking. Hunt also said he could get out earlier if he doesn't have any discipline problems and he takes classes they offer for anger management, substance abuse, etc...
Well, that's a good thing. Some folks get revoked and have to back up all their time.
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Old 09-07-2010, 05:31 AM
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Not sure if this helps anyone, but husband just got a new rap sheet and they have him being released in Feb. 2011 (he originally thought he'd be released in Sept. 2011) and his parole will finish Oct. 2011.
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Old 09-07-2010, 11:12 AM
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Quote:
Originally Posted by awol619 View Post
Not sure if this helps anyone, but husband just got a new rap sheet and they have him being released in Feb. 2011 (he originally thought he'd be released in Sept. 2011) and his parole will finish Oct. 2011.
What good time act was he under?
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Old 09-07-2010, 11:18 AM
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He is under Act 649 which doesn't look like it's the one I originally asked about. I've got the info for both (Act 649 and Act 589) that I'll have to read through and send him although the people at EHCC told me he could be out earlier for good behavior and if he takes classes offered at the facilities.
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Old 09-07-2010, 07:38 PM
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How does Act 649 affect offenders under Act 1099?
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Old 09-07-2010, 07:41 PM
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Quote:
Originally Posted by awol619 View Post
He is under Act 649 which doesn't look like it's the one I originally asked about. I've got the info for both (Act 649 and Act 589) that I'll have to read through and send him although the people at EHCC told me he could be out earlier for good behavior and if he takes classes offered at the facilities.
Were you able to talk to someone at EHCC? My fiance is in River CC and no one seems to know anything there. Any help you can give me will be greatly appreciated. Thanx!!
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