The Board of Pardons meets on regularly scheduled dates for the purpose of reviewing and taking action on clemency applications, generally once per month. Please refer to Policies for more specific information regarding clemency hearings. Hearing dates are also posted under Pardon Hearing Dockets and Results .
Original Parole Hearing
Each offender whose sentence carries the possibility of parole has the right to a personal appearance before the Committee on Parole at some point during his or her sentence to determine whether a parole will be granted. These Original Hearings are generally scheduled within six months of the offender’s parole eligibility date.
One possible decision of the Committee on Parole at the original parole hearing can be deny parole. The offender will be advised of the reason for denial. The offender will have the opportunity to apply for consideration for a rehearing at such time as the offender is eligible to do so.
|Type of Crime||Initial Request for Rehearing||Subsequent request for Rehearing¹|
|Nonviolent, except as otherwise restricted||6 mos after original date of denial||6 mos after date of initial reapplication|
|Crime of Violence enumerated in R.S. 14:2(B)||1 yr after original date of denial||Every 2 yrs after date of initial reapplication|
|Crime Against Person enumerated in R.S. 14:29-47||1 yr after original date of denial||Every 2 yrs after date of initial reapplication|
|Sex Offense as defined in §903||2 yrs after original date of denial||Every 2 yrs after date of initial reapplication|
|Murder, 1st or 2nd degree||2 yrs after original date of denial||Every 2 yrs after date of initial reapplication|
|Manslaughter||2 yrs after original date of denial||Every 2 yrs after date of initial reapplication|
|¹Subsequent request for Rehearing may be submitted if initial request for rehearing was denied.|
The application for a rehearing will be considered during an administrative review by a parole panel. The offender will be advised of when that review will occur. If a rehearing is granted, the rehearing is conducted in the same way as the original hearing.
An offender may request that the Committee reconsider its decision to deny parole as described in board policy. However, this process does not establish a formal appeal process as parole is an administrative discretionary decision that is not subject to appeal. Refer to Policies for more detailed information. Applications for reconsideration must meet the criteria outlined in Board Policy 07.705.
When an offender is alleged to have violated the terms or conditions of the parole supervision agreement, the Division of Probation and Parole may request that the Board issue a warrant for the offender’s arrest and return to prison. If probably cause has been established and the offender has been returned to custody, the offender has the right to be heard at a parole violation preliminary hearing, which is scheduled as soon as possible after a warrant is executed.
At the preliminary hearing, the offender can be represented by an attorney of choice at the offender’s expense. The offender has the right to offer pleas (guilty or not guilty) to the parole violation allegations. After the offender enters a plea, the hearing official may take testimony from the offender’s parole agent, the offender, and other officials as to disposition. A summary of this hearing is then forwarded to the Committee on Parole for consideration and decision.
Upon the entry of a plea of not guilty, the parole violation allegations may be set for a revocation hearing, at which time the offender can be represented by an attorney of choice at the offender’s expense. In rare circumstances, the Board may appoint an attorney to represent an offender during a revocation hearing. The offender has a right to present evidence to support the not guilty plea. Generally, the Committee on Parole will render a decision on the parole violation at the conclusion of the revocation proceeding. The offender will be notified verbally and in writing of the decision and the reason for that decision.
Parole Case Special Attention
At any time during the offender’s parole supervision, the Committee on Parole may review his/her case. The review may be the result of recommendations from parole agents, a request from the offender, or occasionally from an outside source. In any case, new information must be presented which has not been considered at the last review of the Committee. This type of review can be either an administrative review of the file or a personal appearance hearing.