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Regular Session, 2011
HOUSE BILL NO. 415
BY REPRESENTATIVE LOPINTO
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/PROCEDURE: Authorizes probation and parole officers to impose
administrative sanctions for technical violations
AN ACT1
To amend and reenact R.S. 15:574.7(B) and to enact R.S. 15:574.7(C) and Code of Criminal2
Procedure Article 899.1, relative to probation and parole; to authorize probation and3
parole officers to impose administrative sanctions for technical violations; to provide4
for limitations; to provide for definitions; to provide for procedures; and to provide5
for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 15:574.7(B) is hereby amended and reenacted and R.S. 15:574.7(C)8
is hereby enacted to read as follows: 9
ยง574.7. Custody and supervision of parolees; modification or suspension of10
supervision; violation of conditions of parole; sanctions; alternative11
conditions; administrative sanctions12
* * *13
B.(1) At the time a defendant is released on parole, the Board of Parole may14
make a determination as to whether a defendant is eligible for the imposition of15
administrative sanctions as provided for in this Section. If authorized to do so by the16
board, each time a parolee violates a condition of parole, a parole officer may use17
administrative sanctions to address a technical violation committed by a parolee18
when all of the following occur:19 HLS 11RS-234 ENGROSSED
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(a) The parolee, after receiving written notification of his right to a hearing1
before a court and right to counsel, provides a written waiver of a parole violation2
hearing.3
(b) The parolee admits to the violation or affirmatively chooses not to4
contest the violation alleged in the parole violation report.5
(c) The parolee consents to the imposition of administrative sanctions by the6
Department of Public Safety and Corrections.7
(2) The department shall promulgate rules to implement the provisions of8
this Subsection to establish the following:9
(a) A system of structured, administrative sanctions which shall be imposed10
for technical violations of parole and which shall take into consideration the11
following factors:12
(i) The severity of the violation behavior.13
(ii) The prior violation history.14
(iii) The severity of the underlying criminal conviction.15
(iv) The criminal history of the parolee.16
(v) Any special circumstances, characteristics, or resources of the parolee.17
(vi) Protection of the community.18
(vii) Deterrence.19
(viii) The availability of appropriate local sanctions, including but not20
limited to jail, treatment, community service work, house arrest, electronic21
surveillance, restitution centers, work release centers, day reporting centers, or other22
local sanctions.23
(b) Procedures to provide a parolee with written notice of the right to a24
parole violation hearing to determine whether the parolee violated the conditions of25
parole alleged in the violation report and the right to be represented by counsel at26
state expense at that hearing if financially eligible.27
(c) Procedures for a parolee to provide written waiver of the right to a parole28
violation hearing, to admit to the violation or affirmatively choose not to contest the29 HLS 11RS-234 ENGROSSED
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violation alleged in the parole violation report, and to consent to the imposition of1
administrative sanctions by the department.2
(d) The level and type of sanctions that may be imposed by parole officers3
and other supervisory personnel.4
(e) The level and type of violation behavior that warrants a recommendation5
to the board that parole be revoked.6
(f) Procedures notifying the parolee and the Board of Parole of a violation7
admitted by the parolee and the administrative sanctions imposed.8
(g) Such other policies and procedures as are necessary to implement the9
provisions of this Subsection and to provide adequate parole supervision.10
(3) If the administrative sanction imposed pursuant to the provisions of this11
Subsection is jail confinement, the confinement shall not exceed ten days per12
violation and shall not exceed a total of sixty days per year.13
(4) For purposes of this Subsection, "technical violation" means any14
violation of a condition of parole as defined in R.S. 15:574.9(G)(2).15
B.C.(1) If the chief probation and parole officer, upon recommendation by16
a parole officer, has reasonable cause to believe that a parolee has violated the17
conditions of parole, he shall notify the board, and shall cause the appropriate parole18
officer to submit the parolee's record to the board. After consideration of the record19
submitted, and after such further investigation as it may deem necessary, the board20
may order:21
(a) The issuance of a reprimand and warning to the parolee.22
(b) That the parolee be required to conform to one or more additional23
conditions of parole which may be imposed in accordance with R.S. 15:574.4.24
(c) That the parolee be arrested, and upon arrest be given a prerevocation25
hearing within a reasonable time, at or reasonably near the place of the alleged parole26
violation or arrest, to determine whether there is probable cause to detain the parolee27
pending orders of the parole board.28 HLS 11RS-234 ENGROSSED
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(2) Upon receiving a summary of the prerevocation proceeding, the board1
may order the following:2
(a) The parolee's return to the physical custody of the Department of Public3
Safety and Corrections, corrections services, to await a hearing to determine whether4
his parole should be revoked.5
(b) As an alternative to revocation, that the parolee, as a condition of parole,6
be committed to a community rehabilitation center or a substance abuse treatment7
program operated by, or under contract with, the department, for a period of time not8
to exceed six months, without benefit of good time, provided that such commitment9
does not extend the period of parole beyond the full parole term. Upon written10
request of the department that the offender be removed for violations of the rules or11
regulations of the community rehabilitation center or substance abuse program, the12
board shall order that the parole be revoked, with credit for time served in the13
community rehabilitation center.14
Section 2. Code of Criminal Procedure Article 899.1 is hereby enacted to read as15
follows:16
Art. 899.1. Administrative sanctions for technical violations17
A. At the time of sentencing, the court may make a determination as to18
whether a defendant is eligible for the imposition of administrative sanctions as19
provided for in this Article. If authorized to do so by the sentencing court, each time20
a defendant violates a condition of his probation, a probation agency may use21
administrative sanctions to address a technical violation committed by a defendant22
when all of the following occur:23
(1) The defendant, after receiving written notification of the right to a24
hearing before a court and the right to counsel provides a written waiver of a25
probation violation hearing.26
(2) The defendant admits to the violation or affirmatively chooses not to27
contest the violation alleged in the probation violation report.28 HLS 11RS-234 ENGROSSED
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(3) The defendant consents to the imposition of administrative sanctions by1
the Department of Public Safety and Corrections.2
B. The department shall promulgate rules to implement the provisions of this3
Article to establish the following:4
(1) A system of structured, administrative sanctions which shall be imposed5
for technical violations of probation and which shall take into consideration the6
following factors:7
(a) The severity of the violation behavior.8
(b) The prior violation history.9
(c) The severity of the underlying criminal conviction.10
(d) The criminal history of the probationer.11
(e) Any special circumstances, characteristics, or resources of the12
probationer.13
(f) Protection of the community.14
(g) Deterrence.15
(h) The availability of appropriate local sanctions, including but not limited16
to jail, treatment, community service work, house arrest, electronic surveillance,17
restitution centers, work release centers, day reporting centers, or other local18
sanctions.19
(2) Procedures to provide a probationer with written notice of the right to a20
probation violation hearing to determine whether the probationer violated the21
conditions of probation alleged in the violation report and the right to be represented22
by counsel at state expense at that hearing if financially eligible.23
(3) Procedures for a probationer to provide written waiver of the right to a24
probation violation hearing, to admit to the violation or affirmatively choose not to25
contest the violation alleged in the probation violation report, and to consent to the26
imposition of administrative sanctions by the department.27
(4) The level and type of sanctions that may be imposed by probation28
officers and other supervisory personnel.29 HLS 11RS-234 ENGROSSED
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(5) The level and type of violation behavior that warrants a recommendation1
to the court that probation be revoked.2
(6) Procedures notifying the probationer, the district attorney, the defense3
counsel of record, and the court of probation of a violation admitted by the4
probationer and the administrative sanctions imposed.5
(7) Such other policies and procedures as are necessary to implement the6
provisions of this Article and to provide adequate probation supervision.7
C. If the administrative sanction imposed pursuant to the provisions of this8
Article is jail confinement, the confinement shall not exceed ten days per violation9
and shall not exceed a total of sixty days per year.10
D. For purposes of this Article, "technical violation" means any violation of11
a condition of probation, except for an allegation of a subsequent criminal act.12
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)]
Lopinto HB No. 415
Abstract: Authorizes probation and parole officers to impose administrative sanctions for
technical violations.
Present law provides that any offender who has been released on parole and whose parole
supervision is being revoked for his first technical violation of the conditions of parole, shall
be required to serve not more than 90 days without diminution of sentence or credit for time
served prior to the revocation for a technical violation.
Present law provides that any defendant who has been placed on probation by the drug
division probation program, and who has had his probation revoked for a technical violation
of drug division probation, may be ordered to be committed to the custody of DPS&C and
be required to serve a sentence of not more than six months without diminution of sentence
in the intensive incarceration program.
Present law provides that any defendant who has been placed on probation by the court for
the conviction of an offense other than a crime of violence or of a sex offense, and whose
probation is revoked for a first technical violation of probation, shall be required to serve a
sentence of not more than 90 days without diminution of sentence or credit for time served
prior to the revocation for a technical violation.
Present law defines "technical violation".
Proposed law retains present law and authorizes a parole officer or probation officer to
impose administrative sanctions for a technical violation of parole or probation conditions, HLS 11RS-234 ENGROSSED
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if the Board of Parole or court determines that the offender is eligible for the imposition of
administrative sanctions, and when all of the following occur:
(1)The offender, after receiving written notification of the right to a hearing before a
court and right to counsel, provides a written waiver of a violation hearing.
(2)The offender admits to the violation or affirmatively chooses not to contest the
violation alleged in the violation report.
(3)The offender consents to the imposition of administrative sanctions.
Proposed law requires DPS&C to promulgate rules to implement the provisions of proposed
law, including but not limited to rules to establishing the following:
(1)A system of structured, administrative sanctions.
(2)Procedures to provide the offender with written notice of the right to a hearing and
procedures for the offender to provide a written waiver of such rights.
(3)The level and type of violation behavior that warrants a recommendation that parole
or probation be revoked.
(4)Procedures for providing notification of the violation and the administrative
sanctions imposed.
Proposed law provides that if the administrative sanction imposed is jail confinement, the
confinement shall not exceed 10 days per violation and shall not exceed a total of 60 days
per year.
(Amends R.S. 15:574.7(B); Adds R.S. 15:574.7(C) and C.Cr.P. Art. 899.1)