2020 Louisiana Laws
Revised Statutes
Title 15 - Criminal Procedure
§1199.24. Post-Conviction Veterans Mentor Program for incarcerated veterans; eligibility criteria

RS 1199.24 - Post-Conviction Veterans Mentor Program for incarcerated veterans; eligibility criteria

A. Notwithstanding any other provision of law to the contrary, an offender who is incarcerated shall be eligible for consideration to participate in the Post-Conviction Veterans Mentor Program if all of the following conditions are met:

(1) The offender is a veteran as defined by R.S. 15:1199.23.

(2) The offender has no convictions for an offense defined as a homicide in R.S. 14:29 or as a sex offense in R.S. 15:541.

(3) The offender is committed to the Department of Public Safety and Corrections for a term or terms of imprisonment with or without benefit of parole.

(4) The offender has completed all programming deemed appropriate by the Department of Public Safety and Corrections.

(5) The offender has not committed any major disciplinary offenses in twelve consecutive months prior to the transfer. A major disciplinary offense is an offense identified as a Schedule B offense by the Department of Public Safety and Corrections in the Disciplinary Rules and Procedures for Adult Offenders.

(6) The offender has completed the mandatory minimum of one hundred hours of prerelease programming in accordance with the provisions of R.S. 15:827.1 if such programming is available at the facility where the offender is incarcerated.

(7) The offender has obtained a high school equivalent.

(8) The offender, at the time of consideration for the program, has obtained a "low risk" level designation determined by a validated risk assessment instrument approved by the secretary of the department.

(9) The offender is committed to the custody of the Department of Public Safety and Corrections.

(10) The offender has attained forty years of age and has served at least ten years of the term or terms of imprisonment.

(11) The offender has completed a mentor training program as considered appropriate by the Department of Public Safety and Corrections.

(12) The sentencing court and the district attorney of the jurisdiction of the conviction consent.

B. Upon meeting the eligibility requirements set forth in Subsection A of this Section, the offender shall then be subject to pre-screening and assessments for suitability by the Department of Public Safety and Corrections, office of adult services for placement in a transitional work release program, in accordance with R.S. 15:1111.

C. If the offender is approved to participate in the program by the Department of Public Safety and Corrections, office of adult services they shall be transferred to an appropriate transitional work program. After three successful years in a transitional work program, the offender shall be granted a parole hearing by the committee on parole as provided in Subsection G of this Section, if not otherwise eligible for a hearing prior to such date.

D. Additional requirements for participation in the program:

(1) Continue to participate in all programming considered appropriate by the Department of Public Safety and Corrections and the Department of Veterans Affairs.

(2) Meet once a month with an authorized veteran transition counselor.

(3) Perform at least fifty hours of unpaid community service to any veteran or military program, including the Veterans Court probation program.

(4) Serve as mentors of the Veterans Court.

(5) Submit to random drug screenings and receive no positive results from such screenings.

E. Liability for all activity and possible illegal activity shall fall solely on the offender participating in the program. The Department of Public Safety and Corrections shall have indemnity for any and all actions taken by the offender that may be illegal, that subjects the offender to parole revocation, or that are deemed eligible to terminate the offender's participation in the Post-Conviction Veterans Mentor Program, and for any advice, education, action, or information relayed by the offender to any employee, mentee, or other participant in the program that may or may not result in action that causes any outcome.

F. Any violation of the conditions of eligibility provided for in Subsection D of this Section shall subject the offender to disciplinary sanctions up to and including removal from the transitional work release program. Any offender removed from the program shall not be eligible for further consideration pursuant to this Part.

G. After the successful completion of at least three years at the transitional work release program facility, the offender shall be granted a hearing before the committee on parole. If the offender is granted parole by the committee on parole, then the offender shall be released on parole in accordance with the provisions of R.S. 15:574.4.1 and 574.4.2. Any offender whose parole is revoked shall not be eligible to participate in the program.

Acts 2018, No. 273, §1; Acts 2020, No. 228, §1.