ENROLLED
Page 1 of 3
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.
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
B.(1) A defendant sentenced ordered to home incarceration shall be20
supervised and may be subject to any of the conditions of probation. Every provider21
of home incarceration supervision or electronic monitoring services shall submit22
information to the court, the sheriff of the parish, and the Department of Public23
Safety and Corrections. The Department of Public Safety and Corrections is24 ENROLLEDHB NO. 106
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
authorized to establish regulations to develop a uniform reporting format and1
procedures for providers of home incarceration in order to promote efficiency and2
uniformity in data collection. Information provided shall include but not be limited3
to:4
(a) An annual report indicating the services offered, areas served, number of5
defendants served, number of defendants who successfully completed home6
incarceration and the number of defendants terminated and the reasons for7
termination, and credentials or qualifications of the provider.8
(b) A monthly report including the name, date of birth, and offense of9
conviction for every defendant supervised.10
(2) Failure to comply with the provisions of this Paragraph may subject the11
provider to forfeiture of its authority to do business.12
C. The court shall specify the conditions of home incarceration when it13
imposes such sentence upon the defendant. The conditions may include any14
condition reasonably related to implementing or monitoring a sentence of the home15
incarceration, including curfew, electronic or telephone monitoring, home visitation16
by persons designated by the court, and limitation of the defendant's activities17
outside of the home.18
* * *19
E. Within thirty days of issuing the order sentencing placing the defendant20
to on home incarceration, the court shall cause written notice the minute entry to be21
sent by the clerk of court to the Department of Public Safety and Corrections and the22
sheriff of the parish or chief law enforcement officer of a municipality where the23
defendant is sentenced to serve the home incarceration. In cases where electronic24
monitoring is a condition of the defendant's parole, notice may be sent by the25
provider of the electronic monitoring device to the sheriff of the parish where the26
defendant is sentenced to home incarceration. The minute entry shall include all27
available contact information of the home incarceration or electronic monitoring28
provider.29
* * *30 ENROLLEDHB NO. 106
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
H. The sentence period of home incarceration shall be for a period of not1
more than four years in felony cases and for a period not to exceed six months in2
misdemeanor cases.3
I. If the defendant violates the conditions of home incarceration, the court,4
on motion of the state or its own motion, may, after contradictory hearing modify the5
sentence to or impose a sentence of imprisonment.6
* * *7
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: