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Old 10-22-2017, 06:01 PM
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laffy laffy is offline
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Default Criminal Justice Reinvestment Act Highlights eff 11.01.17

Criminal Justice Reinvestment Act of 2017 Highlights

Act 280
Listed below are some of the more significant changes in post-conviction/sentencing contained in the Criminal Justice Reinvestment Act.
  • Article 893A C.Cr.P. - Judges are now allowed to suspend sentences for third felony convictions and place individuals on probation (with certain exceptions). This is new.
    Article 893B(1) C.Cr.P.- When in the best interest of the public and the defendant, you can receive a suspended sentence and probation for a DWI 4th conviction. This is new.
  • Article 895.6 C.Cr.P. allows reduction of probation term by earning good time. This theoretically reduces maximum probation time from 3 years to 18 mos. for a felony (certain exceptions). This creates an obvious problem for restitution or completion of substance abuse, counseling, alcohol, etc.
  • Crime of violence (as defined in C.Cr.P. Art. 890.3) may be eligible for probation, unless committed against family/domestic partner.
  • R.S. 15:571.3- Generally amends the good time formula so good time is earned faster = faster release.
  • R.S. 15:574.4 has been amended to allow convicted individuals to become eligible for parole faster after serving 25% of their sentence rather than one-third of their sentence.
  • R.S. 15:574.4 (F) has been amended to allow individuals convicted of second-degree murder to now be eligible for parole after certain conditions are met.These offenders were previously ineligible. (Eligibility criteria include offense date of 7/2/73 to 6/26/79, 40 years served, unanimous vote of parole board.)
  • R.S. 15:574.6.1 Allows earning good time while on parole. Good time on parole will earn 30 days reduction of sentence for every full calendar month on parole. This is new.
  • Probation and Parole violators may not be revoked for new violations in many cases. C.Cr. P. Art. 899.2.
    Act 281
  • Deals primarily with reducing the penalties in many serious felonies and misdemeanors.
  • R.S. 14:62.2 -Simple Burglary of an Inhabited Dwelling and Home Invasions no longer have minimum mandatory jail sentence.
  • R.S. 14:67 - Theft between $750-1000 used to be a felony; now it is a misdemeanor.
    Narcotics
  • Significant changes were made regarding the penalty for distribution or possession with intent to distribute various narcotic drugs particularly, Schedule I, under R.S. 40:967. The changes deal primarily with the amounts and related penalties. All penalties appear to be lessened to a certain extent, whether for distribution, possession with intent to distribute or simple possession.
  • Possession with Intent to Distribute Marijuana – Previously, conviction carried a 10 (minimum mandatory)-50 year sentence. Under the new law, you could possess 10,000 lbs. or more and you are immediately eligible for probation. R.S. 40:966 A & B.
  • Essentially the same with Heroin, R.S. 40:966 B 3A& G, and Cocaine, R.S. 40:967A&B.
    Act 264
    Child support obligation suspended during incarceration – HB 680.
    Act 262
    Eliminates waiting periods for felons obtaining a professional license under certain circumstances.
    Act 265
    Lifts restrictions on getting public assistance after drug-related convictions
    (SNAP & TANF) Supplemental Nutrition Assistance Program & Temporary Assistance for Needy Families.
    Act 260
    Fines, Fees, and Restitution, C.Cr.P. Art. 875.1 (D) – Debt forgiveness during probation period, monthly payment cannot exceed one days wage.










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Old 11-12-2017, 01:30 PM
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Sarancam416 Sarancam416 is offline
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Quote:
Originally Posted by laffy View Post
Criminal Justice Reinvestment Act of 2017 Highlights

Act 280
Listed below are some of the more significant changes in post-conviction/sentencing contained in the Criminal Justice Reinvestment Act.
  • Article 893A C.Cr.P. - Judges are now allowed to suspend sentences for third felony convictions and place individuals on probation (with certain exceptions). This is new.
    Article 893B(1) C.Cr.P.- When in the best interest of the public and the defendant, you can receive a suspended sentence and probation for a DWI 4th conviction. This is new.
  • Article 895.6 C.Cr.P. allows reduction of probation term by earning good time. This theoretically reduces maximum probation time from 3 years to 18 mos. for a felony (certain exceptions). This creates an obvious problem for restitution or completion of substance abuse, counseling, alcohol, etc.
  • Crime of violence (as defined in C.Cr.P. Art. 890.3) may be eligible for probation, unless committed against family/domestic partner.
  • R.S. 15:571.3- Generally amends the good time formula so good time is earned faster = faster release.
  • R.S. 15:574.4 has been amended to allow convicted individuals to become eligible for parole faster after serving 25% of their sentence rather than one-third of their sentence.
  • R.S. 15:574.4 (F) has been amended to allow individuals convicted of second-degree murder to now be eligible for parole after certain conditions are met.These offenders were previously ineligible. (Eligibility criteria include offense date of 7/2/73 to 6/26/79, 40 years served, unanimous vote of parole board.)
  • R.S. 15:574.6.1 Allows earning good time while on parole. Good time on parole will earn 30 days reduction of sentence for every full calendar month on parole. This is new.
  • Probation and Parole violators may not be revoked for new violations in many cases. C.Cr. P. Art. 899.2.
    Act 281
  • Deals primarily with reducing the penalties in many serious felonies and misdemeanors.
  • R.S. 14:62.2 -Simple Burglary of an Inhabited Dwelling and Home Invasions no longer have minimum mandatory jail sentence.
  • R.S. 14:67 - Theft between $750-1000 used to be a felony; now it is a misdemeanor.
    Narcotics
  • Significant changes were made regarding the penalty for distribution or possession with intent to distribute various narcotic drugs particularly, Schedule I, under R.S. 40:967. The changes deal primarily with the amounts and related penalties. All penalties appear to be lessened to a certain extent, whether for distribution, possession with intent to distribute or simple possession.
  • Possession with Intent to Distribute Marijuana – Previously, conviction carried a 10 (minimum mandatory)-50 year sentence. Under the new law, you could possess 10,000 lbs. or more and you are immediately eligible for probation. R.S. 40:966 A & B.
  • Essentially the same with Heroin, R.S. 40:966 B 3A& G, and Cocaine, R.S. 40:967A&B.
    Act 264
    Child support obligation suspended during incarceration – HB 680.
    Act 262
    Eliminates waiting periods for felons obtaining a professional license under certain circumstances.
    Act 265
    Lifts restrictions on getting public assistance after drug-related convictions
    (SNAP & TANF) Supplemental Nutrition Assistance Program & Temporary Assistance for Needy Families.
    Act 260
    Fines, Fees, and Restitution, C.Cr.P. Art. 875.1 (D) – Debt forgiveness during probation period, monthly payment cannot exceed one days wage.










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I just want to add the good time formula is 13 days for every 7 days in custody..my husbands lawyer told me this.
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