RS 15:574.72

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RS 15:574.72

§574.72. Alien removal process; deportation eligibility hearing

A. Notwithstanding any other provision of law to the contrary, an offender shall be eligible for parole consideration and release for the purposes of deportation or removal pursuant to this Section if the following conditions have been met:

(1)The offender is an alien who has a final order of removal or a detainer issued by the Department of Homeland Security.

(2)The offender is not serving a sentence for either of the following:

(a)A sex offense as defined in R.S. 15:541.

(b)A crime of violence, as defined in R.S. 14:2(B), punishable by imprisonment for ten years or more, life imprisonment, or death.

(3)The offender has been approved for a deportation eligibility hearing by both the governor and the district attorney of the parish where the conviction was obtained.

B. For any offender who meets the criteria of Subsection A of this Section, the committee shall:

(1)Conduct an expedited pre-hearing investigation.

(2)Notify the district attorney and sheriff of the parish where the conviction was obtained and any registered victim at least thirty days prior to any deportation eligibility hearing.

(3)Conduct an expedited deportation eligibility hearing.

(4)Render its decision ordering or denying the release and transfer of the offender for the purpose of deportation or removal within seven days of the hearing.

C. Any decision by the committee to grant an offender release on parole for the purpose of deportation or removal shall include and recite the following conditions of release:

(1)The offender shall only be released from physical state custody directly to the custody of the Department of Homeland Security and shall be held in its custody until the offender is physically removed from the United States.

(2)The remainder of the offender's sentence shall be suspended upon the date the offender is transferred out of state custody.

(3)If the offender is deemed to be ineligible for deportation or removal for any reason, the offender shall be transferred back to state custody to serve the remainder of his current sentence.

(4)If deported or removed from the United States, the offender shall remain outside of the United States and the state of Louisiana and shall not attempt to reenter the country unless such reentry is in compliance with Title 8 of the United States Code.

(5)If the offender is discovered or detained within the United States after deportation or removal, the parole of the offender shall be automatically revoked by the committee on parole and the offender shall be remanded to state custody to serve out the balance of the suspended sentence.

D.(1) If the committee grants a release on parole for the purposes of deportation or removal pursuant to this Section, the committee shall issue all orders and paperwork necessary to transfer or deliver the offender to the custody of the Department of Homeland Security.

(2)Upon release of the offender to the Department of Homeland Security, the committee shall issue a warrant for the return of the offender to the custody of the department to be executed if the offender is released from the custody of the Department of Homeland Security for any reason other than deportation or removal.

E. The committee shall have sole discretion as provided by R.S. 15:574.11 regarding its decision to release the offender pursuant to this Section, and no person shall have a right of appeal from any such decision.

Acts 2025, No. 158, §1, eff. June 8, 2025.