This bill introduces hard labor as a sentencing option for individuals convicted of capital murder and serious sexual assaults on children, mandating a separate sentencing hearing where a jury must find specific aggravating factors for the sentence to be imposed. A minimum of nine jurors must agree for hard labor to be ordered, which entails life imprisonment at hard labor without parole. The definition of hard labor includes physically intensive manual tasks aimed at punishment and rehabilitation. The bill also outlines the responsibilities of the Commissioner of Corrections in establishing an industries program that incorporates hard labor while ensuring that assignments do not pose unreasonable health and safety risks to offenders.

Furthermore, the bill establishes new provisions regarding medical exemptions for offenders unable to perform hard labor due to documented physical or mental conditions, requiring certification based on specific diagnostic criteria and in-person evaluations. Exemptions will be reviewed every six months, with penalties for false claims, including loss of good time credits. Alternative punitive measures are outlined for those with legitimate medical exemptions or when hard labor is suspended, ensuring compliance with constitutional standards. The bill includes a severability clause and will take effect six months after passage, with an indeterminable fiscal impact on the judicial and correctional systems.

Statutes affected:
Introduced: 318-B:26
As Amended by the House: 651:2, 622:7