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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 91038
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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for the answer the last the expert gave subject to 571.3.Diminution

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for the answer the last the expert gave subject to 571.3.Diminution of sentence for good bahavior part B "Those inmates serving life sentences willbe credited with good time earned which will be applied toward diminution of their sentence at such time as the life sentences might be commuted to a specific number of years. I WANT TO KNOW WAS THAT VIEWED AS A NEW SENTENCE BY THE Gov. and what date it went in to affected. That's when an inmate with a life sentence commuted to a specific numbers is viewed as a new sentence. WHEN WAS THAT LAW PASSED I know who signed the law but I NEED TO KNOW WHEN IT WAS SIGNED, THE GOV. BUDDY RAMAR, FORMAL GOV..
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 5 years ago.
It was passed in 1995 and the governor at the time would have been, Edwin Edwards who served until 1995 and was followed by XXXXX XXXXX.


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Customer: replied 5 years ago.

I want to know any inmate sentence to life and then recieve commuted sentence before that law was passed was there sentence viewed as a new sentence.

Expert:  Law Educator, Esq. replied 5 years ago.
That is an impossible request, you would need to subpoena that information from the parole board.
Customer: replied 5 years ago.

HOW WOULD YOU KNOW WHEN THE LAW WAS PASSED IF YOU CAN'T ANSWER THAT OUESTION? What do the law states about commuted sentence if passed in 1995 you might not be looking at the right one The one BUDDY Ramar Issued and he signed for the life sentences to be cummuted into numbers.

Expert:  Law Educator, Esq. replied 5 years ago.

15:571.3. Diminution of sentence for good behavior

PART IV. DIMINUTION AND COMMUTATION OF SENTENCE FOR GOOD BEHAVIOR

A.(1) Every prisoner in a parish prison convicted of an offense and sentenced to imprisonment without hard labor, except a prisoner convicted a second time of a crime of violence as defined by R.S. 14:2(B) or when the sentencing court has denied or conditioned eligibility for "good time" as provided in R.S. 15:537, may earn a diminution of sentence, to be known as "good time", by good behavior and performance of work or self-improvement activities, or both. The amount of diminution of sentence allowed under this Paragraph shall be at the rate of thirty days for every thirty days in actual custody, except for a prisoner convicted a first time of a crime of violence, as defined in R.S. 14:2(B), who shall earn diminution of sentence at the rate of three days for every seventeen days in actual custody, including in either case time spent in custody with good behavior prior to sentence for which the prisoner is given credit.

(2) The sheriff of the parish in which the conviction was had shall have the sole authority to determine when good time has been earned in accordance with the sheriff's regulations and the provisions of this Section.

(3) In the event that the prisoner is confined in a parish or multiparish correctional facility not operated by the sheriff, the superintendent of the correctional facility shall have the sole power to determine when good time has been earned or when diminution of sentence may be allowed in accordance with the provisions of this Section.

B.(1) Except as provided in Paragraph (B)(2) of this Section, every inmate in the custody of the department who has been convicted of a felony, except an inmate convicted a second time of a crime of violence as defined by R.S. 14:2(B), and sentenced to imprisonment for a stated number of years or months, or when the sentencing court has denied or conditioned eligibility for "good time" as provided in R.S. 15:537, may earn, in lieu of incentive wages, a diminution of sentence by good behavior and performance of work or self-improvement activities, or both, to be known as "good time." Those inmates serving life sentences will be credited with good time earned which will be applied toward diminution of their sentences at such time as the life sentences might be commuted to a specific number of years. The secretary shall establish regulations for awarding and recording of good time and shall determine when good time has been earned toward diminution of sentence. The amount of diminution of sentence allowed under the provisions of this Section shall be at the rate of thirty-five days for every thirty days in actual custody.

(2)(a) An inmate convicted a first time of a crime of violence as defined in R.S. 14:2(B), shall earn diminution of sentence at a rate of three days for every seventeen days in actual custody, including time spent in custody with good behavior prior to sentence for which defendant is given credit.

(b) If a person is convicted of or pleads guilty to, or where adjudication has been deferred or withheld for a violation of R.S. 14:78 (incest), R.S. 14:78.1 (aggravated incest), R.S. 14:80 (felony carnal knowledge of a juvenile), R.S. 14:81 (indecent behavior with juveniles), R.S. 14:81.1 (pornography involving juveniles), R.S. 14:81.2 (molestation of a juvenile), R.S. 14:89(A)(1) (crime against nature), R.S. 14:89.1 (aggravated crime against nature), R.S. 14:93.5 (sexual battery of the infirm) or any provision of Subpart C of Part II of Chapter 1 of Title 14 of the Louisiana Revised Statutes of 1950, and is sentenced to imprisonment for a stated number of years or months, the person shall not be eligible for diminution of sentence for good behavior.

(3) Under the provisions of this Section, no inmate shall receive more than thirty days of good time or thirty days of jail credit for any calendar month while serving a term for consecutive sentences.

C. Diminution of sentence shall not be allowed an inmate in the custody of the Department of Public Safety and Corrections if:

(1) The inmate has been convicted one or more times under the laws of this state of any one or more of the following crimes:

(a) First degree murder.

(b) Second degree murder.

(c) Manslaughter.

(d) Aggravated battery.

(e) Aggravated rape.

(f) Forcible rape.

(g) Simple rape.

(h) Aggravated kidnapping.

(i) Aggravated burglary.

(j) Simple burglary.

(k) Armed robbery.

(l) Simple robbery.

(m) A violation of R.S. 14:67 which is a felony.

(n) A violation of R.S. 14:95 which is a felony.

(o) A violation of R.S. 14:95.1 which is a felony.

(p) A violation of Chapter 9 of Title 40 of the Louisiana Revised Statutes of 1950 which is a felony.

(q) Any crime of violence as defined by R.S. 14:2(B).

(r) Looting during the existence of a state of emergency;

(s) A violation of the Louisiana Controlled Dangerous Substances Law which is a felony; or

(t) Any felony which is defined as an attempt to commit one of the crimes enumerated in Subparagraphs (a) through (s) of this Paragraph, and

(2) The inmate has been sentenced as an habitual offender under the Habitual Offender Law as set forth in R.S. 15:529.1, and

(3) The inmate's last conviction for the purposes of the Habitual Offender Law, was for a crime: (a) Committed during the period beginning September 16, 1975 through September 9, 1977, inclusive of both dates, and the sentence of the court specifically denies eligibility for diminution of sentence, or (b) committed on or after September 10, 1977.

(4) The inmate has been convicted one or more times under the laws of this state, any other state, or the federal government of any one or more of the following crimes or attempts to commit any of the following crimes:

(a) Carnal knowledge of a juvenile.

(b) Indecent behavior with juveniles.

(c) Molestation of a juvenile.

(d) Incest.

(e) Aggravated incest.

(5) The trial court, in its discretion, prohibits the earning of such diminution of sentence for any person convicted of a violation of R.S. 14:40.2.

D. Diminution of sentence shall not be allowed an inmate in the custody of the Department of Public Safety and Corrections if the instant offense is a second offense crime of violence as defined by R.S. 14:2(B).

Amended by Acts 1991, No. 138, §1, eff. Jan. 1, 1992; Acts 1992, No. 1011, §1; Acts 1994, 3rd Ex. Sess., No. 110, §1; Acts 1994, 3rd Ex. Sess., No. 149, §1; Acts 1994, 3rd Ex. Sess., No. 150, §1; Acts 1995, No. 946, §3; Acts 1995, No. 1099, §1, eff. Jan. 1, 1997; Acts 1997, No. 832, §1; Acts 1999, No. 223, §1; Acts 1999, No. 963, §2; Acts 2001, No. 809, §1, eff. June 26, 2001; Acts 2003, No. 636, §1; Acts 2006, No. 174, §1; Acts 2006, No. 220, §1; Acts 2006, No. 572, §1.

The sentence is NOT considered a new sentence it is a reduction of time, thus a life sentence would be reduced to a certain number of years ONLY if the receive a commutation of sentence, which would be the new sentence. Whan a life sentence is comuted, it is reduced to a number of years and it is NOT a new sentence, since a prisoner can lose the commutation for bad behavior or attempted or actual escape under RS 15:571.8. And you were correct, Buddy ROMER passed the section B in 1991, Edwards signed section (b) into law in 1995.

Before the passage of the law, the commutation of sentence was still not a new sentence, just a reduction of the sentence, which again could be lost.

Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 91038
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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