Current through Register Vol. 50, No. 9, September 20, 2024
A. If denied at the initial parole hearing,
an inmate must apply in writing for a subsequent parole hearing, referred to as
a parole rehearing. The written request must be submitted by the inmate or his
representative
B. Application for a
parole rehearing will be allowed only under the following conditions.
1. The inmate must not have had a major
(schedule B) disciplinary misconduct report in the 36 months prior to the
reapplication request;
2. The
offender must not have been in disciplinary lockdown status for a period of six
months prior to the reapplication request.
3. If both criteria in
§705.B.1 are met, an
offender may apply to the committee for a rehearing at the following intervals.
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Types of Crimes
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Eligibility for
Rehearing
|
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Nonviolent, except as otherwise restricted
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12 months after the most recent denial
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First offense Crime of Violence [R.S.
14:2(B)] that is NOT First
Degree Murder, Second Degree Murder, First Degree Rape, Second Degree Rape,
Third Degree Rape, or Crime Against Nature [R.S.
14:89(A)(2)]
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3 years after the most recent denial
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Second or subsequent Crime of Violence [R.S.
14:2(B)] or Sex Offense
(R.S.
15:541)
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5 years after the most recent denial
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4. An
inmate whose parole has been denied on multiple occasions and who has never
submitted a request for rehearing must be scheduled for rehearing no later than
10 years from the most recent denial.
5. A rehearing does not establish an
expectation that an inmate is likely to be granted parole.
C. Reconsideration. An inmate may request
that the committee reconsider its decision to deny parole as outlined herein.
However, this process does not establish a formal appeal process as parole is
an administrative discretionary decision that is not subject to appeal.
1. A parole panel may reconsider a decision
of any parole panel at the request of the board chairman.
2. An inmate whose parole is denied or
rescinded or whose parole supervision is revoked may request reconsideration by
the committee.
a. The request for
reconsideration shall be made in writing by the inmate (or the inmate's
authorized legal representative) and shall be postmarked no later than 21
calendar days from the date of the hearing during which the parole panel action
was taken.
b. If the request for
reconsideration is not postmarked within 21 calendar days, it shall be
denied.
c. Reconsideration review
shall be at the discretion of the committee and shall not be available except
for the following reasons:
i. if there is an
allegation of misconduct by a committee member that is substantiated by the
record;
ii. if there is a
significant procedural error by a committee member; or
iii. if there is significant new evidence
that was not available when the hearing was conducted. A request based on the
availability of new evidence or information shall be accompanied by adequate
documentation.
d. A
request based on an allegation of misconduct or significant procedural error
shall clearly indicate the specific misconduct or procedural error being
alleged.
e. A written request for
reconsideration postmarked within the time period set forth in
§705.D.2.a shall be
screened by the chairman or designee to determine whether the request for
reconsideration raises substantial grounds to believe that one or more of the
reasons for reconsideration set forth in
§705.D.2.c may be
present. The request for reconsideration shall be denied by the chairman or
designee if, at his or her discretion, it is determined that the request does
not raise adequate grounds to believe that one or more of the reasons for
reconsideration set forth in§705.D.2.c are
present.
3. If the
chairman or designee determines upon screening that a request for
reconsideration raises adequate grounds to believe that one or more of the
reasons for reconsideration set forth in
§705.D.2.c are present.
a. The case shall be set for administrative
review at the next available parole panel hearing date. The review shall be
conducted from the record of the first hearing. The appearance of the offender
shall not be necessary.
b. The
reviewing panel may vote to:
i. grant a new
parole hearing and staff will make every attempt to schedule the hearing with a
different parole panel than that which rendered the original decision;
or
ii. affirm the original
decision.
c. The
applicant shall be advised, in writing, of the results of the review.
4. If the chairman or designee
determines there is no basis to grant the request for reconsideration, the
applicant will be advised in writing.
D. Disciplinary Removals
1. If the inmate has one or more major
(schedule B) disciplinary report(s) in the 36 months prior to their parole
eligibility date, they will not be given parole consideration until such time
as the inmate has been disciplinary report free for 36 consecutive months.
Inmates shall be removed from a parole docket if they receive a schedule B
disciplinary report during the investigation period. The inmate will be
notified if they are not considered for placement on or removed from a docket.
a. The inmate is responsible for notifying
the board in writing when they are disciplinary report free for 12 36
consecutive months to be reconsidered for scheduling.
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.
