(Information provided by Louisiana Department
of Public Safety and Corrections, Crime Victims Services Bureau.
Current hearing dockets and additional information available from
the Corrections
website.)
How
is an inmate released before his/her full prison term is served?
Most inmates are released by parole
or diminuition of sentence to parole supervision.
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What is Parole?
Parole is conditional release from prison
by action of the Parole Board. Inmates cannot be released on parole
until the board announces and holds a hearing which is open to
the public.
Parole-eligible inmates do not apply for an
initial parole hearing; board staff schedule them automatically.
(Requests for rehearings are initiated by inmates and may be denied
by the board.)
Parole hearings are held about a month before
an inmate's parole eligibility date (the date on which law allows
release on parole.)
Laws and policy require notice to victims and
certain other persons and agencies at least 30 days before the
hearing date.
Inmates granted parole must agree to and follow
a list of conditions. Failure to follow the rules may result in
return to prison.
Inmates are monitored by a parole officer until
their "full term date," the date on which the full term
imposed by the court is completed.
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What is Diminution of Sentence?
Diminution of sentence release is conditional release from prison
based on accrual of "good time" credits.
Laws passed by the legislature enable som inmates
to shorten time in prison by positive actions while there. (Inmates
can also lose such "good time" credit by breaking the
rules or laws, thereby extending their time in prison.)
When an inmate's diminution of sentance date
arrives, the department must release the inmate from prison to
the community to be supervised "as if on parole." There
is no hearing, but the inmate is supervised by a parole officer
until his/her full term date.
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Can inmates be released in other ways?
Yes, they can. For example, they can be released by court order
or at full term or on good time without supervision. Contact the
Crime Victim Services Bureau for additional information.
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How long must inmates serve in prison before being released on
parole?
Inmates sentenced to a fixed number of
years for a crime of violence committed on or after 1/1/97 must
serve at least 85% of the time imposed before they can be released
on parole or diminution of sentence.
Most inmates sentenced for crimes committed
before 1/1/97 AND inmates sentenced for crimes other than crimes
of violence committed after that date are eligible for release
as explained below:
- A parole-eligible first offender can be released
on parole after serving one-third of the sentence imposed by
the court.
- A parole eligible second offender can be
released on parole after serving one-half of the sentence imposed
by the court.
- Inmates classified as third offenders or
greater are not eligible for parole.
- An inmate who is sentenced to 30 years or
more in prison, serves 20 years in actual custody, and has reached
age 45 is eligible for parole consideration. (This law does
NOT apply if the inmate is under sentence of life or death or
has committed a crime of violence on or after 1/1/97.)
- If an inmate is eligible to earn good time
credit toward diminution of sentence release, his earliest eligibility
for release will come after he serves about one-half of the
sentence.
Inmates sentenced to life in prison cannot be
paroled or released on diminution of sentence unless the sentence
is commuted. (See section re. Board of Pardons)
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Who monitors inmates released on parole?
The Louisiana Department of Public Safety and Corrections, Division
of Probation and Parole has officers in the Division's 20 district
offices who are responsible for the supervision of inmates released
on parole and diminuition of sentence and those placed on felony
probation. Probation and parole officers supervise payment of
restitution and prepare reports for decision-makers (including
the Courts and Parole and Pardon Boards). Officers interview victims
for many of those reports and include victims's statements about
up-coming parole hearings. Officers have the authority to arrest
probationers and parolees with or without a warrant.
- Inmates released from incarceration to supervision
have 48 hours to report to a district office.
- Persons on supervision must have permission
to leave the boundaries of the supervising district.
One way victims can make sure that probation
and parole officers can contact them is to register and maintain
a current mailing address and telephone number with the Crime
Victims Services Bureau.
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Can the
Board of Pardons influence an inmate's release?
The Board of Pardons handles inmate
requests for clemency--that is, for pardon, commutation, and restoration
of rights lost as a result of a criminal conviction. Access to
a hearing before the Board of Pardons is provided by the state's
constitution. A court cannot make an inmate ineligible for consideration
by the Board of Pardons; however, state statutes do impose restrictions
on how soon after sentencing inmates may apply for commutation.
- Commutation is the only non-judicial means
by which a life sentence can be changed to a specified number
of years. Only then is it possible for an inmate to be released
from prison by virtue of parole or diminution of sentence. Many
applications to the board request commutation of sentence--that
is, a shorter sentence than the one imposed by the court.
- An inmate cannot be recommended for commutation
of sentence until the board announces and holds a hearing
Law and policy require notice to victims and
other persons and agencies at least 30 days before an inmate's
hearing.
Commutation requests approved by the board are
sent to the Governor, who makes the final decision to grant or
deny the board's recommendation.
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What about juveniles?
Youth assigned to secure care are given determinate sentences
by their committing court and can earn a recommendation for early
release, unless adjudicated for first or second degree murder,
aggravated rape, aggravated kidnapping, or treason. Committment
for these offenses requires placement in a secure facility until
the age of 21. Youths committed for armed robbery must be placed
in a secure facility for the full term imposed by the court.
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