Current through Register Vol. 50, No. 3, March 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.
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 24 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 24 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.
