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SB 215

CRIMINAL PROCEDURE: Provides relative to the grounds for post conviction relief for inmates convicted by a non-unanimous jury. (gov sig) (EG SEE FISC NOTE GF EX)

2026 Regular Session Introduced by Patrick McMath

Creates a time-limited, specialized parole review process for inmates convicted by non-unanimous juries, via a five-member committee with strict standards.

Read by title. Ordered engrossed and passed to third reading and final passage.
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Bill Summary · SB 215

Summary of Louisiana Senate Bill 215 (2026) – Criminal Procedure

Proposed new law adds a specialized parole review process for inmates convicted by non-unanimous juries and establishes a time-limited framework for relief.

1) Purpose and Intent

  • Create a dedicated mechanism to review and potentially grant parole relief to inmates whose convictions were obtained by non-unanimous juries.
  • Provide a formal process and factors to determine whether a non-unanimous verdict resulted in a miscarriage of justice.
  • Establish a special committee within the Department of Public Safety and Corrections (DPSC) to oversee these cases, with a defined composition, procedures, and deadlines.
  • Set a sunset date three years after the act's effective date, and require legislative funding for implementation.

2) Key Provisions and Changes

  • New ground for relief: Adds post-conviction relief grounds specifically for convictions rendered by a non-unanimous jury.
  • Special Committee on Parole for Non-Unanimous Jury Convictions:
    • Created within DPS&C.
    • Composition:
    • 3 retired appellate court judges or Supreme Court justices appointed by the governor.
    • 1 retired district attorney or assistant district attorney appointed from a list of three by the Louisiana District Attorneys Association.
    • 1 retired public defender or assistant public defender appointed from a list of three by the state public defender.
    • 1 alternate member from each of the above categories, serving in ad hoc capacity as needed.
    • Quorum: All five members must be present for a hearing; four members constitute a quorum for other purposes.
    • Leadership and compensation: Chair appointed by the governor; other officers elected by the committee; salaries aligned with Board of Pardons standards.
    • Ethics: Members cannot represent petitioners or victims and may be recused for conflicts.
    • Meeting cadence: At least once per month; testimony may be via teleconference.
    • Authority: Determine non-unanimity, assess miscarriage of justice, set release conditions if parole is granted, and maintain records. Notify relevant authorities and victims as required.
  • Application and documentation requirements:
    • Inmates convicted by non-unanimous verdicts (even if currently incarcerated) may file with the special committee.
    • Petitioners must use the Uniform Application for Special Parole Consideration and include records from the direct appeal or trial court, plus an affidavit. If no direct appeal, include trial court records.
    • If documentation is incomplete, petitioners may supplement after obtaining certified records; clerks must provide requested records within 90 days if available.
    • District attorneys may submit written responses.
  • Burden and standard of proof:
    • Petitioner must prove non-unanimity by clear and convincing evidence using the certified record.
    • If non-unanimity cannot be proven, the petition is summarily denied.
    • If non-unanimity is proven, the committee weighs whether it caused a miscarriage of justice, considering non-exhaustive factors (see below).
  • Factors the committee may consider (illustrative, non-exhaustive):
    • Whether non-unanimity resulted from acquittals.
    • Whether a juror voted for conviction on a responsive verdict vs. the charged offense.
    • Overall strength of the state’s case, length of deliberations, nature of the offense.
    • Trial and appellate counsel effectiveness.
    • Any indicia of racial animus in prosecution.
  • Multiple convictions: If serving multiple convictions, petitioner may file only one application for the conviction tied to the longest sentence; issues for counts under a single indictment may be considered together.
  • Parole hearing and finality:
    • Parole cannot be granted or denied without a hearing.
    • A unanimous vote of all five members is required to affirm a finding that non-unanimity occurred and that it caused a miscarriage of justice.
    • Parole determinations are final and not subject to appeal or rehearing.
    • All applications must be filed within one year of the act’s effective date; no later petitions filed under this section.
    • If parole is granted, the release term is the remaining term of the original sentence (or as commuted by the governor).
  • Victim services: Qualified victims must have access to victim services throughout the process.
  • Funding and sunset:
    • Implementation depends on legislative appropriations.
    • Section terminates three years after the act’s effective date.
  • Effective date: Effective upon governor’s signature or lapse of time for gubernatorial action.

3) Who Is Affected

  • Inmates with prior non-unanimous jury convictions (including those still incarcerated) may apply for parole review under this process.
  • The Special Committee on Parole for Non-Unanimous Jury Convictions and DPS&C personnel.
  • District attorneys and the petitioner’s victims (and their families) in affected districts.
  • The judiciary and appellate/public defender communities through the composition requirements and involvement in composition and process.

4) Procedural and Timeline Aspects

  • Creates a special committee with defined membership and meeting cadence (monthly minimum).
  • Applications must be filed within one year of the act’s effective date.
  • Requires a unanimous vote of five members to grant relief, creating a high threshold for success.
  • Sunset provision: The program terminates three years after the act’s effective date unless extended.
  • Funding must be appropriated by the Legislature to implement the provisions.

Overall, SB 215 establishes a targeted, time-limited pathway for parole consideration tied to non-unanimous jury convictions, via a specialized, independently constituted committee with strict procedural and evidentiary requirements.

Compiled from official sources — confirm details with the bill’s official record.

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