RS 574.9 - Revocation of parole for violation of condition; committee panels; return to custody hearing; duration of reimprisonment and reparole after revocation; credit for time served; revocation for a technical violation
A. When a parolee has been returned to the physical custody of the Department of Public Safety and Corrections, office of corrections services, the committee shall hold a hearing to determine whether his parole should be revoked, unless said hearing is expressly waived in writing by the parolee. A waiver shall constitute an admission of the findings of the prerevocation proceeding and result in immediate revocation. If the revocation hearing is not waived, the parolee shall be permitted to consult with and be advised and represented by his own legal counsel or legal counsel appointed under the provisions of R.S. 15:179. At the hearing the parolee may admit, deny, or explain the violation charged, and he may present proof, including affidavits and other evidence, in support of his contentions. Upon request of the parolee, the parole committee may postpone the rendering of its decision for a specified reasonable time pending receipt of further information necessary to a final determination.
B. The committee may order revocation of parole upon a determination that:
(1) The parolee has failed, without a satisfactory excuse, to comply with a condition of his parole; and
(2) The violation of condition involves the commission of another felony, or misconduct including a substantial risk that the parolee will commit another felony, or misconduct indicating that the parolee is unwilling to comply with proper conditions of parole.
C. Other than for conviction of a felony committed while on parole, action revoking a parolee's parole and recommitting him for violation of the condition of parole must be initiated before the expiration of his parole term. When a warrant for arrest is issued by the committee on parole or a detainer is issued by the parole officer, the running of the period of parole shall cease as of the time the warrant or detainer is issued. A parolee under supervision in this state or another state, who has absented himself from the supervising jurisdiction, or from his place of residence, without proof of permission for such absence, shall be deemed a fugitive from justice and shall be returned to the physical custody of the Department of Public Safety and Corrections for a revocation hearing by the committee on parole, without necessity of a prerevocation or probable cause hearing, at or near the place of the arrest or violation. No credit shall be applied toward completing the full parole term for the period of time the parolee was a fugitive from justice.
D.(1) When a judge sets bond on allegations of a new offense for a parolee, the Department of Public Safety and Corrections, division of probation and parole and the committee on parole must be notified within three business days.
(2) The parole detainer will expire ten days after the bond has been set, unless the division of probation and parole seeks to maintain the detainer.
E. Parole revocation shall require two votes of a three-member panel of parole committee members or, if the number of members present exceeds a three-member panel, a majority vote of those members present and voting, and the order of revocation shall be reduced to writing and preserved.
F. When the parole of a parolee has been revoked by the committee for violation of the conditions of parole, the parolee shall be returned to the physical custody of the Department of Public Safety and Corrections, corrections services, and serve the remainder of his sentence as of the date of his release on parole, and any credit for time served for good behavior while on parole. The parolee shall be given credit for time served prior to the revocation hearing for time served in actual custody while being held for a parole violation in a local detention facility, state institution, or out-of-state institution pursuant to Code of Criminal Procedure Article 880.
G. Any such prisoner whose parole has been revoked may be considered by the committee for reparole in accordance with the provisions of this Part.
H.(1)(a) Any offender who has been released on parole and who has been determined by the committee on parole to have committed a technical violation of the conditions of parole, shall be required to serve the following sentences:
(i) For the first technical violation, not more than fifteen days.
(ii) For a second technical violation, not more than thirty days.
(iii) For a third technical violation, not more than forty-five days.
(iv) For a fourth or subsequent technical violation, not more than ninety days.
(v) For custodial substance abuse treatment programs, not more than ninety days. (b) The sentences imposed pursuant to Subparagraph (a) of this Paragraph shall be served without diminution of sentence. The term of the revocation for the technical violation shall begin on the date the committee on parole orders the revocation. Upon completion of the imposed technical revocation sentence, the offender shall return to active parole supervision for the remainder of the original term of supervision.
(c) The offender shall be given credit toward service of his sentence for time spent in actual custody prior to the revocation hearing while being held for a technical violation in a local detention facility, state institution, or out-of-state institution.
(d) The provisions of Subparagraph (a) of this Paragraph shall not apply to the following offenders:
(i) Any offender released on parole for the conviction of a crime of violence as defined in R.S. 14:2(B).
(ii) Any offender released on parole for the conviction of a sex offense as defined in R.S. 15:541.
(iii) Any offender released on parole who is subject to the sex offender registration and notification requirements of R.S. 15:541 et seq.
(2) A "technical violation", as used in this Subsection, means any violation except it shall not include any of the following:
(a) An allegation of a criminal act that is subsequently proven to be a felony.
(b) An allegation of a criminal act that is subsequently proven to be an intentional misdemeanor directly affecting the person.
(c) An allegation of a criminal act that is subsequently proven to be a violation of a protective order, pursuant to R.S. 14:79, issued against the offender to protect a household member or family member as defined by R.S. 14:35.3, or dating partner as defined by R.S. 46:2151.
(d) Being in possession of a firearm or other prohibited weapon.
(e) Absconding from the jurisdiction of the committee on parole by leaving the state without the prior approval of the probation and parole officer.
Acts 1968, No. 191, §1; Amended by Acts 1974, No. 106, §1; Acts 1974, No. 198, §1; Acts 1974, No. 203, §1; Acts 1985, No. 196, §1, eff. July 6, 1985; Acts 1985, No. 930, §2, eff. July 23, 1985; Acts 1988, No. 380, §1; Acts 1990, No. 330, §1; Acts 1991, No. 116, §1; Acts 1991, No. 118, §1; Acts 1995, No. 1011, §1; Acts 2001, No. 608, §1; Acts 2006, No. 113, §2; Acts 2007, No. 402, §2; Acts 2008, No. 220, §6, eff. June 14, 2008; Acts 2010, No. 510, §1; Acts 2010, No. 520, §1; Acts 2010, No. 792, §1; Acts 2011, No. 186, §3; Acts 2012, No. 714, §8; Acts 2015, No. 299, §1; Acts 2017, No. 280, §3, eff. Nov. 1, 2017; Acts 2018, No. 604, §1, eff. Nov. 1, 2018; Acts 2018, No. 668, §3; Acts 2019, No. 369, §2.