La. Admin. Code tit. 22 § XI-504

Current through Register Vol. 50, No. 9, September 20, 2024

Section XI-504 - General Procedures

A. Minutes. The committee's minutes of public hearings shall include the following information as applicable:

1. name and Department of Corrections (DOC) number of the offender;

2. name of counsel representing the offender (an offender docketed for a public hearing may be represented by counsel);

3. the vote of each member; and

4. the decision of the committee.

B. Votes

1. The vote of each panel member shall be recorded by name and date on the vote sheet.

2. Only those members present shall vote; voting by proxy is prohibited.

3. No vote shall be taken while the panel is in executive session.

4. The panel shall not rescind the original vote without conducting a new hearing, except as provided in §505 M, §513.A 1-3, and §711

5. The original vote sheet shall remain in the inmate's DOC file and a copy shall be attached to the minutes and maintained in a separate locked file in the committee office.

C. Accuracy of Vote. The chairperson of the panel shall ensure that support staff reviews case records subsequent to voting to assure the accuracy of all documents.

D. Continuance/Recess. A majority vote is required to continue or recess a meeting or hearing. Generally, the matter will be rescheduled for the next month, but may be rescheduled for an earlier date if deemed appropriate by the panel (see §514, Voting/Votes Required).

E. Executive Session. A panel may go into executive session to discuss each offender's case prior to a decision pursuant to the provisions of R.S. 42:6, 42:6.1 and 15:574.12. No vote shall be taken while the panel is in executive session.

F. Observance of Proceedings. The committee may extend invitations to individuals to observe committee proceedings.

G. Testimony. The committee may direct questions to and/or request statements from anyone appearing before the committee.

H. Children Under 12. It is generally inappropriate for children under the age of 12 years, except when the child is a victim and chooses to appear, to be present during any public meeting or hearing of the committee.

I. Space and Security. The number of people supporting or opposing the granting of parole, including victims and/or family members of victims will be limited only by space and security considerations.

J. Meeting/Hearing Schedule. The chairman shall be responsible for schedules of business meetings and public hearings.

1. Such schedules may be changed, only upon prior notice, provided that such changes are made in a timely manner in order to notify all concerned.

2. Such meetings may be rescheduled without notice due to inclement weather, or any other emergency or unforeseen situation.

K. The committee's decision to grant parole is subject to modification, alternation, or rescission for any reason deemed appropriate or necessary by the committee at any time prior to the inmate's release from custody onto supervision. If the committee rescinds its decision to grant parole, the inmate shall promptly receive another parole hearing. Examples of reasons that are appropriate for rescission include but are not limited to:

1. inmate has received a disciplinary report prior to or subsequent to the hearing but prior to the parole release.

2. time calculation adjustments by the Department of Corrections that changes the parole eligibility dates, causing the inmate to become ineligible for parole or pushing his parole eligibility dates beyond the allowed time frame for parole release or rescheduling.

3. refusing to comply with post and/or prior to release conditions set forth by the panel

4. if it is determined prior to an inmate's parole release that proper notification requirements were not met, the board may rescind its decision to grant parole.

L. No inmate has any right to parole release based upon any initial decisions of the committee.

La. Admin. Code tit. 22, § XI-504

Promulgated by the Office of the Governor, Board of Pardons, Committee on Parole, LR 4144 (1/1/2015), Amended LR 451063 (8/1/2019), Amended LR 4642 (1/1/2020), Amended LR 47360 (3/1/2021), Amended LR 49257 (2/1/2023), Amended LR 501268 (9/1/2024).

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.