HLS 11RS-239 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2011
HOUSE BILL NO. 106
BY REPRESENTATIVES MORENO, LOPINTO, AND GARY SMITH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/SENTENCING: Requires reporting from providers of home incarceration or
electronic monitoring services to DPS&C
AN ACT1
To amend and reenact Code of Criminal Procedure Article 894.2(A)(introductory paragraph)2
and (3), (B), (C), (E), (H), and (I), relative to criminal sentencing; to provide with3
respect to home incarceration; to provide for uniform data collection and reporting4
of home incarceration and electronic monitoring services; to provide for oversight;5
and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Code of Criminal Procedure Article 894.2(A)(introductory paragraph)8
and (3), (B), (C), (E), (H), and (I) are hereby amended and reenacted to read as follows: 9
Art. 894.2. Home incarceration; requirements10
A. Notwithstanding any other provision of law to the contrary, a defendant11
may be sentenced to placed on home incarceration under the following conditions:12
* * *13
(3) The court determines, after a contradictory hearing, that home14
incarceration of the defendant is more suitable than imprisonment or supervised15
probation without home incarceration and would serve the best interests of justice.16
The court may sentence a defendant to order home incarceration either in lieu of, or17
in addition to, a term of imprisonment. When the court sentences a defendant, it may18
order the defendant to serve any portion of the sentence under home incarceration.19 HLS 11RS-239 ENGROSSED
HB NO. 106
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
B. A defendant sentenced ordered to home incarceration shall be supervised1
and may be subject to any of the conditions of probation. Every provider of home2
incarceration supervision or electronic monitoring services shall submit information3
to the court, the sheriff of the parish, and the Department of Public Safety and4
Corrections. The Department of Public Safety and Corrections is authorized to5
establish regulations to develop a uniform reporting format and procedures for6
providers of home incarceration in order to promote efficiency and uniformity in7
data collection. Information provided shall include but not be limited to:8
(1) An annual report indicating the services offered, areas served, number9
of defendants served, number of defendants who successfully completed home10
incarceration, and credentials or qualifications of the provider.11
(2) A monthly report including the name, date of birth, and offense of12
conviction for every defendant supervised.13
(3) Failure to comply with the provisions of this Paragraph may subject the14
provider to forfeiture of its authority to do business.15
C. The court shall specify the conditions of home incarceration when it16
imposes such sentence upon the defendant. The conditions may include any17
condition reasonably related to implementing or monitoring a sentence of the home18
incarceration, including curfew, electronic or telephone monitoring, home visitation19
by persons designated by the court, and limitation of the defendant's activities20
outside of the home.21
* * *22
E. Within thirty days of issuing the order sentencing placing the defendant23
to on home incarceration, the court shall cause written notice the minute entry to be24
sent by the clerk of court to the Department of Public Safety and Corrections and the25
sheriff of the parish or chief law enforcement officer of a municipality where the26
defendant is sentenced to serve the home incarceration. In cases where electronic27
monitoring is a condition of the defendant's parole, notice may be sent by the28
provider of the electronic monitoring device to the sheriff of the parish where the29 HLS 11RS-239 ENGROSSED
HB NO. 106
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
defendant is sentenced to home incarceration. The minute entry shall include all1
available contact information of the home incarceration or electronic monitoring2
provider.3
* * *4
H. The sentence period of home incarceration shall be for a period of not5
more than four years in felony cases and for a period not to exceed six months in6
misdemeanor cases.7
I. If the defendant violates the conditions of home incarceration, the court,8
on motion of the state or its own motion, may, after contradictory hearing modify the9
sentence to or impose a sentence of imprisonment.10
* * *11
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Moreno HB No. 106
Abstract: Provides for oversight by DPS&C of providers of home incarceration and
electronic monitoring services.
Present law provides for sentencing to home incarceration in lieu of incarceration in a
correctional facility.
Proposed law retains the provisions of present law and further provides that all providers of
home incarceration or electronic monitoring services shall submit information to the court,
the sheriff of the parish, and DPS&C. Authorizes DPS&C to establish regulations to
develop a uniform reporting format and procedures for providers of home incarceration in
order to promote efficiency and uniformity in data collection. Information provided shall
include but not be limited to:
(1)An annual report indicating the services offered, areas served, number of defendants
served, number of defendants who successfully completed home incarceration, and
credentials or qualifications of the provider.
(2)A monthly report including the name, date of birth, and offense of conviction for
every defendant supervised.
(3)Failure to comply with proposed law may subject the provider to forfeiture of its
authority to do business.
Present law requires the court to send written notice to certain entities when a defendant is
placed on home incarceration. HLS 11RS-239 ENGROSSED
HB NO. 106
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law requires the court to make a minute entry within 30 days of the court order
placing a defendant on home incarceration. Requires that the minute entry include contact
information of the home incarceration or electronic monitoring provider.
(Amends C.Cr.P. Art. 894.2(A)(intro. para.) and (3), (B), (C), (E), (H), and (I))