The bill amends the Code of Criminal Procedure to establish a process for determining parole eligibility for juvenile offenders convicted of first and second degree murder. Specifically, it introduces a hearing requirement for offenders indicted on or after August 1, 2026, for second degree murder, similar to the existing provisions for first degree murder. The district attorney must file a notice of intent to seek a life sentence without parole within 180 days of indictment, and if this notice is filed, a hearing will be held to decide on parole eligibility. If the notice is not filed, the offender will automatically be eligible for parole. The bill also clarifies that the court must provide a factual basis for its decision regarding parole eligibility.

Additionally, the bill modifies the criteria for parole eligibility under R.S. 15:574.4(G)(1) to include individuals convicted of second degree murder who were under eighteen at the time of the offense, provided their indictment falls within the specified dates. It removes language suggesting that sentences without parole eligibility should be reserved for the worst offenders and instead emphasizes that reviewing courts should consider the original factual basis for sentencing. The bill aims to ensure that juvenile offenders have a fair opportunity for parole consideration while maintaining judicial discretion in sentencing.

Statutes affected:
SB201 Enrolled: 15:4(G)(1)
SB201 Act 585: 15:4(G)(1)