La. Admin. Code tit. 22 § XI-701

Current through Register Vol. 50, No. 11, November 20, 2024

Section XI-701 - Policy Statement

A. It shall be the policy of the committee to give every offender meaningful consideration for parole. The committee will exercise its discretionary releasing authority based upon consideration of the unique factors and variables of the individual case. The committee shall determine release suitability of eligible offenders through decisions that promote fairness, objectivity, and public safety and are responsive to the concerns of victims, members of the community, and other persons within the criminal justice system.

B. The committee shall consider all pertinent information (pre-parole investigation and institutional record) at least six months prior to the inmate's parole eligibility date. The information shall be a part of the inmate's consolidated summary record. At a minimum, a pre-parole investigation shall be made available to the panel for its review. No case may be considered for parole release without a pre-parole investigation.

C. The panel shall apply the following guidelines as a basis, but not as the exclusive criteria, upon which parole panels base parole release decisions.

1. Nature and Circumstances of the Crime

a. The committee will evaluate and consider the circumstances of the crime based upon the official version of the offense, as well as the victim's and inmate's versions of the offense, to determine, if possible, whether the particular conditions that contributed to the commission of the crime are likely to reoccur.

b. The committee shall also consider the seriousness of the offense, the inmate's role in the offense and the degree of his involvement, whether the offender inmate was the instigator of the crime, and whether the crime was premeditated.

c. Particular consideration will be given to those cases which involved the use of a weapon and/or caused injury to the victim, where the inmate committed one or more violent acts indicating a conscious disregard for the lives, safety, or property of others; or the instant offense has elements of brutality, violence, or conscious selection of victim's vulnerability such that the inmate poses a continuing threat to public safety.

2. Prior Criminal Record

a. The committee will evaluate and consider any available prior adult and/or juvenile records and the number and seriousness of prior convictions, including the length of time between any prior convictions and the commitment of the instant offense to determine the seriousness of the inmate's prior criminal history.

b. A pattern of repeated criminal episodes or a pattern of similar offenses may indicate a predisposition to commit criminal acts upon release and the likelihood that the inmate will not succeed on parole.

c. The committee may also consider whether the instant offense was committed while the inmate was on probation or parole and the inmate's response to prior community supervision, if any.

3. Character, Social Background, Emotional, and Physical Conditions

a. The committee will evaluate and consider information pertaining to the inmate's work record, level of education, occupational skills, and evidence of emotional stability.

b. A history of chronic drug and alcohol abuse may evidence the likelihood that the inmate will not succeed on parole

4. Institutional Adjustment

a. The committee will evaluate and consider information concerning the inmate's attitude while incarcerated, including the inmate's participation in available programs and his overall compliance with institutional regulations.

b. Obedience to institutional rules may be evidence that the inmate will comply with parole conditions, while a disciplinary record consisting of major and/or minor infractions may be viewed negatively.

c. Inmates with one or more high court disciplinary report(s) in the 36 months prior to screening for parole eligibility, would generally not be considered a good risk for early release and will, therefore, not be given parole consideration until such time as the inmate has been disciplinary report free for 36 consecutive months. Inmates may be removed from a parole docket if they receive a high court disciplinary report during the investigation period. The inmate is responsible for notifying the board in writing when they are disciplinary report free for 36 consecutive months to be reconsidered for scheduling.

d. Inmates assigned to working cellblock or disciplinary detention/extended lockdown or otherwise assigned to cellblock areas for disciplinary reasons would generally not be considered a good risk for early release and will, therefore, be ineligible for parole consideration until such time as the inmate has not been in lockdown status for a period of six months.

5. Police, Judicial and Community Attitudes towards the Inmate

a. The committee will evaluate and consider information concerning the inmate from the community and public officials who are acquainted with the case.

b. This factor is given greater weight because the probability that an inmate will succeed on parole is greatly diminished if he will return to a community which has expressed hostility toward him and is lacking support for him.

c. Any victims or witness of any inmate who appears before the Committee on Parole for a parole hearing may provide the parole panel a re-entry statement to request proximity or contact restrictions, if that inmate is granted parole. Victims must submit the re-entry statement to the Committee on Parole at least 30 days prior to the inmate's scheduled parole hearing. The committee will consider the re-entry statement only for the purpose of determining the inmate's parole conditions and not for the purpose of determining whether to order the release of the inmate on parole. The re-entry statement is not binding on the Committee on Parole, but shall be considered in concert with other information when determining conditions of parole.

d. Evidence of official and/or community support may increase the likelihood of parole.

6. Parole Plan

a. The committee will evaluate and consider the strength of the offender's social ties, including whether he has a supportive family, resources available to him in the community, and employment opportunities.

b. The committee will place emphasis on the appropriateness of the parole plan; therefore, it is important for the offender to have secure employment plans and a stable living arrangement available upon parole.

c. Lack of an acceptable parole plan may decrease the likelihood of parole.

7. Program Participation. The committee will evaluate and consider an offender's participation in vocational training, adult education, or reading programs as well any treatment or rehabilitation program that has been certified by the department. Such participation is considered beneficial.

8. Risk Assessment

a. All Offenders. The committee will consider the risk assessment score provided by the Department of Public Safety and Corrections. The score is determined by a validated risk assessment instrument that has been validated for the Louisiana offender population. The assessment identifies potential risk and identifies programmatic needs of offenders utilizing two sets of components, static and dynamic factors.

La. Admin. Code tit. 22, § XI-701

Promulgated by the Department of Public Safety and Corrections, Board of Parole, LR 24:2300 (December 1998), amended by the Office of the Governor, Board of Pardons, Committee on Parole, LR 39:2265 (August 2013), amended by the Office of the Governor, Board of Pardons, LR 40:58 (January 2014), Amended by the Office of the Governor, Board of Pardons and Committee on Parole, LR 44576 (3/1/2018), Amended LR 451064 (8/1/2019), Amended LR 501270 (9/1/2024).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:574.2 et seq., R.S. 15:535 et seq., and R.S. 15:540 et seq.