Current through Register Vol. 50, No. 9, September 20, 2024
A.
Eligibility
1. Pardons. A person may not
apply for a pardon if the applicant has any outstanding detainers, or any
pecuniary penalties or liabilities which total more than $1,000 and result from
any criminal conviction or traffic infraction. In addition, no person is
eligible to apply for pardon unless the applicant has paid all court costs
which were imposed in connection with conviction of the crime for which pardon
is requested.
2. Commutation of
Sentence. A person may not be considered for a commutation of sentence unless
he or she has been granted a hearing by the pardon board and has had his or her
case placed upon a pardon board agenda. See §204 for Capital Case
eligibility.
3. Remission of Fines
and Forfeitures. A person may not apply for a remission of fines and
forfeitures unless he or she has completed all sentences imposed and all
conditions of supervision have expired of been completed, including, but not
limited to, parole and/or probation.
4. Specific Authority to Own, Possess, or Use
Firearms. A person may not apply for the specific authority to own, possess, or
use firearms unless he or she has completed all sentences imposed for the
applicant's most recent felony conviction and all conditions of supervision
imposed for the applicant's most recent felony conviction have expired or been
completed, including, but not limited to, parole and/or probation, for a period
of five years. The applicant may not have any outstanding detainers, or any
pecuniary penalties or liabilities which total more than $1,000 and result from
any criminal conviction or traffic infraction. In addition, the applicant may
not have had any outstanding victim restitution, including, but not limited to,
restitution pursuant to a court or civil judgment or by order of the committee
on parole.
B.
Applications. All applications must be submitted in accordance with §205,
Application Filing Procedures.
C.
Incarcerated Applicants or Applicants Under Supervision of the Louisiana
Department of Public Safety and Corrections
1. An executive pardon shall not be
considered for an offender while in prison, except when exceptional
circumstances exist.
2. An
incarcerated offender who is not serving a life sentence for a non-violent
crime may request a commutation of sentence:
a. at any time; and
b. must have been disciplinary report free
for a period of at least 36 months prior to the date of the application or at
the time of the hearing (if a hearing is granted); and
c. must not be classified to a maximum
custody status at the time of the application or at the time of the hearing (if
a hearing is granted); and
d. must
possess a marketable job skill, either through previous employment history or
through successful completion of vocational training while
incarcerated.
3. An
incarcerated offender who is not serving a life sentence, but who is serving a
sentence for a violent offense as defined in
R.S.
14:2(B) or a sex offense as
defined in
R.S.
15:541, may request a commutation of
sentence:
a. after having served a minimum of
10 years;
b. must have been
disciplinary report free for a period of at least 36 months prior to the date
of the application or at the time of the hearing (if a hearing is granted);
and
c. must not be classified to a
maximum custody status at the time of the application or at the time of the
hearing (if a hearing is granted); and
d. must possess a marketable job skill,
either through previous employment history or through successful completion of
vocational training while incarcerated, unless deemed unable to work due to
medical or mental health condition.
D. Life Sentences. An offender sentenced to
life may not apply until he has served 15 years from the date of sentence,
unless he has sufficient evidence which would have caused him to have been
found not guilty. The 15 years shall include periods of time prior to the
imposition of the sentence in which the defendant was in actual custody for the
offense for which he was sentenced to life imprisonment. The offender must also
meet the criteria stated in Subparagraphs C.3.a-d of this Section.
E. Capital Cases. Any offender sentenced to
death may submit an application within one year from the date of the direct
appeal denial. See also §213, Capital Cases.
AUTHORITY NOTE:
Promulgated in accordance with R.S. 15:573.1, 15:574.12, and
44:1 et
seq.
