Bill allows juveniles with life sentences a chance at parole

The Senate voted 36-1 to allow all juvenile offenders sentenced to life without parole the chance for a parole hearing after serving 35 years.
House Bill 264 by House Criminal Justice chairman Sherman Mack, R-Albany, originally gave the chance for parole only to those cases prior to 2012. But an amendment by Sen. Danny Martini, R-Metairie, made it all-inclusive
The bill comes in response to the U.S. Supreme Court case Montgomery v. Louisiana. The court decided those juveniles sentenced to life without parole must have a meaningful chance for parole because of the 8th amendment’s protection against cruel and unusual punishment, according to Sen. Dan Claitor, R-Baton Rouge.
Claitor, a lawyer, noted the opinion from the Supreme Court allowed a state to sentence a juvenile to life without parole for only the worst offenses and offenders.
Mack said the bill as he authored it satisfied the requirements of the Montgomery decision, but acknowledged the Supreme Court could hand down another decision making the changes from House Bill 264 unconstitutional.
Martiny noted the Supreme Court found juvenile offenders have a different brain structures than do adults, meaning they require different considerations in the judicial system. He said the state should change its laws now so the Supreme Court doesn’t have to later.
“That ain’t right,” Martiny said, if the Senate didn’t pass his amendment.
Claitor said the state does not have the money to give the 300 or so people who would be affected by Martiny’s amendment. He noted the District Attorney’s Association is for the non-amended version of the bill.
Sen. JP Morrell, D-New Orleans, urged senators to save the state money in legal costs when the Supreme Court, in his opinion, inevitably returns to the issue.
“If you allow the bill to pass without Sen. Martiny’s amendment, this law will be back in front of the Supreme Court on an expedited docket,” Morrell said.
Martiny’s amendment passed 25-10.
The bill now goes to the House for concurrence and is expected to come up on Thursday.