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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:

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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:

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:

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Q: What is the good time law in Louisiana?
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