§574.4.2. Decisions of committee on parole; nature, order, and conditions of parole; rules
of conduct; infectious disease testing
A.(1) The committee on parole may make rules for the conduct of persons heretofore
or hereafter granted parole. When a prisoner is released on parole, the committee shall
require as a condition of his parole that he refrain from engaging in criminal conduct.
(2) The committee may also require, either at the time of his release on parole or at
any time while he remains on parole, that he conform to any of the following conditions of
parole which are deemed appropriate to the circumstances of the particular case:
(a) Report, no later than forty-eight hours after being placed on parole, to the division
of probation and parole office of the Department of Public Safety and Corrections which is
listed on the certificate of parole.
(b) Reside at the address listed on the certificate of parole. Obtain written
permission from the probation and parole officer prior to moving from this address or written
permission prior to leaving the state of Louisiana.
(c) Submit a monthly report by the fifth day of every month until supervision is
completed and report when ordered to do so by the probation and parole officer.
(d) Not engage in any criminal activity, nor associate with people who are known to
be involved in criminal activity. Avoid bars and casinos and refrain from the use of illegal
drugs or alcohol.
(e) Pay supervision fees to the Department of Public Safety and Corrections in an
amount not to exceed sixty-three dollars based upon his ability to pay as determined by the
committee on parole. A parolee placed on inactive status, as provided for in R.S.
15:574.7(E)(2), shall only be required to pay a supervision fee in an amount not to exceed
one dollar. Supervision fee payments are due on the first day of each month and may be used
to defray the cost of supervision which includes salaries for probation and parole officers.
(f) Be employed at a lawful occupation. Employment shall be approved by the
probation and parole officer. If employment is terminated, immediately report this to the
probation and parole officer.
(g) Truthfully and promptly answer all questions as directed by the probation and
parole officer.
(h) Submit to available medical, mental health or substance abuse exams, treatment,
or both when ordered to do so by the probation and parole officer. Submit to drug and
alcohol screens at personal expense.
(i) Agree to visits at residence or place of employment by the probation and parole
officer at any time. Further agrees to searches of person, property, residence, or vehicle,
when reasonable suspicion exists that criminal activity has been engaged in while on parole.
(j) Not possess or be in control of any firearms or dangerous weapons.
(k) Waive extradition to the state of Louisiana from any jurisdiction in or outside of
the United States and agree not to contest any effort by any jurisdiction for return to the state
of Louisiana.
(3) For those persons who have been convicted of a "sex offense" as defined in R.S.
15:541, agree to searches of his person, his property, his place of residence, his vehicle, or
his personal effects, or any or all of them, at any time, by a law enforcement officer, duly
commissioned in the parish or municipality where the sex offender resides or is domiciled,
designated by his agency to supervise sex offenders, with or without a warrant of arrest or
with or without a search warrant, when the officer has reasonable suspicion to believe that
the person who is on parole is engaged in or has been engaged in criminal activity for which
the person has not been charged or arrested while on parole.
(4) No offender, who is the parent, stepparent, or has legal custody and physical
custody of the child who is the victim, shall be released on parole unless the victim has
received psychological counseling prior to the offender's release if the offender is returning
to the residence or community in which the child resides. Such psychological counseling
shall include an attempt by the health care provider to ease the psychological impact upon
the child of the notice required by the provisions of R.S. 15:574.4.3, including assisting the
child in coping with potential insensitive comments and actions by the child's neighbors and
peers. The cost of such counseling shall be paid by the offender.
(5)(a) If the offender has been convicted of a crime of violence as defined in R.S.
14:2 committed upon any person, any felony sex offense as defined in R.S. 46:1844(W)
committed upon any person, any felony human trafficking-related offense as defined in R.S.
46:1844(W) committed upon any person, or any offense, that is a felony, committed upon
a family member, household member, or dating partner, as those terms are defined by R.S.
46:2132, the committee on parole shall require as a condition of parole that the offender
refrain from going to the residence or household of the victim, the victim's school, and the
victim's place of employment or otherwise contacting the victim in any manner whatsoever,
and shall refrain from having any further contact with the victim. The committee on parole
shall also require as a condition of parole that the offender refrain from communicating, by
electronic communication, in writing, or orally, with a victim of the offense, or with any of
the victim's immediate family members. For the purposes of this Subsection, "immediate
family member" means the spouse, mother, father, aunt, uncle, sibling, or child of the victim,
whether related by blood, marriage, or adoption. If the victim or an immediate family
member of the victim informs the committee on parole in writing that he does not wish for
the committee on parole to impose the conditions in this Subsection, the committee on parole
shall not impose the conditions in this Subsection as to the person making the written
request. Nothing in this Paragraph shall be construed so as to impair, limit, or abrogate the
authority of the committee on parole to require as a condition of parole any other protective
order or any other restriction under any provision of law.
(b) Prior to the release of the offender on parole, a judge of the court of conviction
shall cause to have prepared a Uniform Abuse Prevention Order, as provided in R.S.
46:2136.2(C), shall sign such order, and shall immediately forward it to the clerk of court for
filing on the day that the order is issued. The clerk of the issuing court shall transmit the
Uniform Abuse Prevention Order to the judicial administrator's office, Louisiana Supreme
Court, for entry into the Louisiana Protective Order Registry, as provided in R.S.
46:2136.2(A), by facsimile transmission or direct electronic input as expeditiously as
possible, but no later than the end of the next business day after the order is filed with the
clerk of court. The clerk of the issuing court shall also send a copy of the Uniform Abuse
Prevention Order, as provided in R.S. 46:2136.2(C), or any modification thereof, to the chief
law enforcement officer of the parish where the person or persons protected by the order
reside by facsimile transmission or direct electronic input as expeditiously as possible, but
no later than the end of the next business day after the order is filed with the clerk of court.
A copy of the Uniform Abuse Prevention Order shall be retained on file in the office of the
chief law enforcement officer until otherwise directed by the court.
(6) If parole is revoked for any reason, all good time earned or any additional credits
earned or which could have been earned on that portion of the sentence served prior to the
granting of parole shall be forfeited, and the parolee shall serve the remainder of the sentence
as of the date of release on parole
B. At the time these written conditions are given, the committee shall notify the
parolee that:
(1) If he is arrested while on parole, the committee has the authority to place a
detainer against him which will in effect prevent him from making bail pending any new
charges against him; and
(2) Should his parole be revoked for any reason, good time earned prior to parole and
good time that would have been earned if parole had not been granted will be forfeited, as
required by R.S. 15:571.4.
C.(1)(a) When a victim of the crime for which parole is being considered has
suffered a direct pecuniary loss other than damage to or loss of property, the parole
committee may impose as a condition of parole that restitution be made to the victim. When
such a condition is imposed, the committee shall consider the defendant's ability to pay and
shall not revoke parole based upon this condition unless the parolee has willfully failed to
comply. When the victim's loss consists of damage to or loss of property, the committee
shall impose as a condition of parole payment of restitution, either in a lump sum or in
monthly installments based on the earning capacity and assets of the defendant. If the victim
was paid for such property loss or damage with monies from the Crime Victims Reparations
Fund, the committee shall order the parolee to make such payments as reimbursement to the
fund in the same amount as was paid from the fund to the victim. This condition of parole
shall continue until such time as the restitution is paid or the parolee is discharged from
parole in accordance with R.S. 15:574.6.
(b) If restitution to the victim is ordered as a condition of parole in accordance with
the provisions of this Subsection and the victim cannot be located by the probation and
parole officer within one year after the condition is imposed, the defendant shall direct the
restitution payments to the Crime Victims Reparations Fund as provided for in R.S. 46:1816.
(2) Nothing in this Subsection shall affect a victim's civil remedy except that funds
actually received shall be credited to any civil judgment arising out of the same offense.
D. If the prisoner has not paid and is liable for any costs of court or costs of the
prosecution or proceeding in which he was convicted or any fine imposed as a part of his
sentence, the committee on parole shall require as a condition of parole the payment of such
costs or fine, either in a lump sum or according to a schedule of payments established by the
committee and based upon the prisoner's ability to pay.
E.(1) Before the committee on parole places a person on parole, the committee shall
condition parole upon the parolee's enrolling in or completion of one of the following:
(a) A literacy program.
(b) An adult basic education program.
(c) A job skills training program.
(d) A high school equivalency certificate.
(2) The provisions of this Subsection shall not apply to those parolees who have
already obtained a high school equivalency certificate or high school diploma or who are
mentally, physically, or by reason of age, infirmity, dyslexia, or other such learning disorders,
unable to participate.
F. The collection of the supervision fee imposed pursuant to Subparagraph (A)(2)(e)
of this Section shall be suspended upon the transfer of an offender to another state for parole
supervision in that state, pursuant to the interstate compact for out-of-state parolee
supervision as provided in R.S. 15:574.31 et seq.
G.(1) Before placing a person on parole, the committee on parole shall require that
person to submit to a test designed to determine whether he is infected with a sexually
transmitted disease, acquired immune deficiency syndrome (AIDS), the human
immunodeficiency virus (HIV), HIV-1 antibodies, or any other probable causative agent of
AIDS and viral hepatitis.
(2) The procedure or test shall be performed by a qualified physician or other
qualified person who shall notify the parolee of the test results.
(3) If the person tested under the provisions of this Subsection tests positive for a
sexually transmitted disease, AIDS, HIV, HIV-1 antibodies, or any other probable causative
agent of AIDS and viral hepatitis, he shall be referred to the appropriate health care and
support services. If the person tested positive, the granting of the parole shall be conditioned
upon the person seeking advice and counseling from the appropriate health care and support
services. Failure to seek or follow that advice shall result in the revocation of that person's
parole.
(4) The costs associated with this testing shall be paid by the person tested.
(5) Repealed by Acts 2015, No. 301, §2.
H. All inmates being released from state-operated prison facilities and state privately
operated prison facilities shall be offered "opt-out" testing for human immunodeficiency
virus (HIV), prior to release, unless the inmate is known to be HIV positive or had a
documented HIV test within the previous twelve months prior to release. If the inmate tested
pursuant to the provisions of this Subsection tests positive for HIV, he shall be referred by
the Department of Public Safety and Corrections to the appropriate health care and support
services. "Opt-out" HIV testing, consent, and appropriate referral processes shall be
conducted in accordance with the provisions of R.S. 40:1171.3.
I. For purposes of this Section, "probation and parole officer" means:
(1) The probation and parole officer originally assigned to the parolee.
(2) Any probation and parole officer who is subsequently assigned or directed by the
Department of Public Safety and Corrections to supervise the parolee, whether the
assignment to the parolee is temporary or permanent.
Acts 2009, No. 299, §2, eff. July 1, 2009; Acts 2010, No. 241, §§1 and 2; Acts 2011,
No. 219, §2; Acts 2012, No. 241, §1; Acts 2012, No. 714, §8; Acts 2015, No. 301, §§1, 2;
Acts 2016, No. 111, §1; Acts 2017, No. 53, §1; Acts 2018, No. 267, §1; Acts 2018, No. 351,
§2; Acts 2020, No. 246, §3; Acts 2021, No. 125, §2; Acts 2023, No. 276, §1, eff. June 9,
2023.