Vote Smart's Synopsis:

Vote to override a governors veto and pass a bill that prohibits parole for "dangerous offenders".

Highlights:

• Authorizes the district attorney to allege a person is a dangerous offender when filing an information accusing said person of a previous conviction (Sec. 1).

• Requires the court to hold a hearing to determine whether the person is a dangerous offender (Sec. 1).

• Authorizes the court to impose sentences to be served without benefit of probation, suspension of sentence, or parole until 85% of the sentence is served if they find the person to indeed be a dangerous offender (Sec. 1).

• Authorizes the district attorney to allege a person is a dangerous offender if the person has been previously convicted of committing, attempting to commit, or conspiring to commit any of the following offenses (Sec. 1):

• A crime of violence;

• A sex offense;

• The production, manufacture, or distribution of a schedule I or II controlled substance other than Marijuana;

• A violation of the Louisiana Racketeering Act; or

• A violation of the Louisiana street Terrorism Enforcement and Prevention Act. 

• Requires the court to consider the following when determining whether a person is a dangerous offender (Sec. 1):

• The factors enumerated in Code of Criminal Procedure Article 894.1(B);

• The nature and extent of any prior delinquent or criminal history;

• The success or failure of any previous attempts to rehabilitate the defendant;

• The defendant's conduct while previously incarcerated or on probation or parole; and

• Any other facts the court deems relevant.

• Requires the court to state for the record the considerations taken into account and the factual basis for its determination if the court orders that the sentence imposed is to be served without the benefit of parole (Sec. 1).

• Specifies that this section will not apply to any sentence which is already designated to be served without parole, probation, or suspension of sentence (Sec. 1).

Full Bill Text

Vetoed by Governor John Bel Edwards

Vote Smart's Synopsis:

Vote to amend and pass a bill that prohibits parole for "dangerous offenders".

Highlights:

• Authorizes the district attorney to allege a person is a dangerous offender when filing an information accusing said person of a previous conviction (Sec. 1).

• Requires the court to hold a hearing to determine whether the person is a dangerous offender (Sec. 1).

• Authorizes the court to impose sentences to be served without benefit of probation, suspension of sentence, or parole until 85% of the sentence is served if they find the person to indeed be a dangerous offender (Sec. 1).

• Authorizes the district attorney to allege a person is a dangerous offender if the person has been previously convicted of committing, attempting to commit, or conspiring to commit any of the following offenses (Sec. 1):

• A crime of violence;

• A sex offense;

• The production, manufacture, or distribution of a schedule I or II controlled substance other than Marijuana;

• A violation of the Louisiana Racketeering Act; or

• A violation of the Louisiana street Terrorism Enforcement and Prevention Act. 

• Requires the court to consider the following when determining whether a person is a dangerous offender (Sec. 1):

• The factors enumerated in Code of Criminal Procedure Article 894.1(B);

• The nature and extent of any prior delinquent or criminal history;

• The success or failure of any previous attempts to rehabilitate the defendant;

• The defendant's conduct while previously incarcerated or on probation or parole; and

• Any other facts the court deems relevant.

• Requires the court to state for the record the considerations taken into account and the factual basis for its determination if the court orders that the sentence imposed is to be served without the benefit of parole (Sec. 1).

• Specifies that this section will not apply to any sentence which is already designated to be served without parole, probation, or suspension of sentence (Sec. 1).

Full Bill Text