Statutes, codes, and regulations
Louisiana Administrative Code
Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENTPart XI - Committee on Parole
Chapter 5 - Meetings and Hearings of the Committee on Parole
Section XI-510 - Victims and Witnesses

La. Admin. Code tit. 22 § XI-510

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Current through Register Vol. 50, No. 9, September 20, 2024
Section XI-510 - Victims and Witnesses
A. Definitions

Victim-a person against whom a crime was committed as listed in R.S. 46:1842.

Witness-any person who has testified for the prosecution relative to the case being considered by the board or committee.

B. Before a parole panel considers parole release for an inmate who is serving a sentence for an offense in which a person was the victim or witness of the offense shall be allowed to present written or oral testimony of their views about the offense, the inmate, and the effect of the offense on the victim of or witness to the offense. Nothing in this Section is intended to limit the panel's discretion to allow individual victims to make personal appearances or to make contact by phone or other electronic means through the local district attorney's victim advocacy representative. There is no limit on written correspondence in favor of and/or opposition to an inmate's consideration for parole.
C. The victim, spouse, or next of kin of a deceased victim and any person who has filed a victim notice and registration form shall be advised in writing no less than 90 days prior to the scheduled hearing date.
D. The notice shall advise that:
1. the hearing is open to the public;
2. he or she may remain in the hearing room during the entire hearing (except during executive session); and
3. the victim and witness, if any, the guardian of the victim, or close relative of a deceased victim will be allowed to speak to the panel prior to its making a decision in the case.
E. The Committee on Parole has delegated the responsibility for advance notice of a scheduled hearing to the victim and witness to the Department of Public Safety and Corrections, Division of Probation and Parole. This notification is not required when the victim or witness cannot be located despite the exercise of due diligence.
F. Written notice is not required when the victim, witness, spouse, or next of kin of a deceased victim advises the committee in writing that such notification is not desired.
G. If victim notification is determined to have not met the advance notice time requirements required by this section, a victim or witness may request that a hearing be rescheduled if the hearing has not yet been conducted. Likewise, a victim or witness may waive the notice requirement; however, such waiver must be received in writing from the victim or witness.
H. Should a hearing be rescheduled by the board for any reason other than the victim's or witness' request, the board shall notify the victim and witness as soon as possible by their preferred method of notification.
I. The victim, witness, guardian of the victim, or a close relative of the deceased victim shall have the right to make a written or oral statement as to the impact of the crime.
J. The victim, witness, guardian of the victim, a close relative of the deceased victim, a victim's advocacy group, and the district attorney or his representative may also appear before the panel by means of teleconference, telephone communication, or other electronic means.
K. All persons making oral presentations in favor of an applicant shall be allowed cumulatively no more than 10 minutes. All persons making oral presentations against an applicant, including victims, shall be allowed cumulatively no more than 10 minutes.
L. There is no limit on written correspondence in favor of and/or opposition to a candidate for parole release.
M. The Committee on Parole shall notify all persons who have filed a victim notice and registration form with the Department of Public Safety and Corrections of an offender's inmate's release from incarceration by parole. Such written notice shall be sent by mail or electronic communication.

La. Admin. Code tit. 22, § XI-510

Promulgated by the Office of the Governor, Board of Pardons, Committee on Parole, LR 39:2263 (August 2013), Amended by the Office of the Governor, Board of Pardons and Committee on Parole, LR 4347 (1/1/2017), Amended by LR 44575 (3/1/2018), Amended LR 442142 (12/1/2018), Amended LR 471107 (8/1/2021), Amended LR 49257 (2/1/2023), Amended LR 501269 (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.