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ACT No. 104
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.
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
(a) The parolee, after receiving written notification of his right to a hearing20
before a court and right to counsel, provides a written waiver of a parole violation21
hearing.22
(b) The parolee admits to the violation or affirmatively chooses not to23
contest the violation alleged in the parole violation report.24 ENROLLEDHB NO. 415
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(c) The parolee consents to the imposition of administrative sanctions by the1
Department of Public Safety and Corrections.2
(2) The department shall promulgate rules to implement the provisions of3
this Subsection to establish the following:4
(a) A system of structured, administrative sanctions which shall be imposed5
for technical violations of parole and which shall take into consideration the6
following factors:7
(i) The severity of the violation behavior.8
(ii) The prior violation history.9
(iii) The severity of the underlying criminal conviction.10
(iv) The criminal history of the parolee.11
(v) Any special circumstances, characteristics, or resources of the parolee.12
(vi) Protection of the community.13
(vii) Deterrence.14
(viii) The availability of appropriate local sanctions, including but not15
limited to jail, treatment, community service work, house arrest, electronic16
surveillance, restitution centers, work release centers, day reporting centers, or other17
local sanctions.18
(b) Procedures to provide a parolee with written notice of the right to a19
parole violation hearing to determine whether the parolee violated the conditions of20
parole alleged in the violation report and the right to be represented by counsel at21
state expense at that hearing if financially eligible.22
(c) Procedures for a parolee to provide written waiver of the right to a parole23
violation hearing, to admit to the violation or affirmatively choose not to contest the24
violation alleged in the parole violation report, and to consent to the imposition of25
administrative sanctions by the department.26
(d) The level and type of sanctions that may be imposed by parole officers27
and other supervisory personnel.28
(e) The level and type of violation behavior that warrants a recommendation29
to the board that parole be revoked.30 ENROLLEDHB NO. 415
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(f) Procedures notifying the parolee and the Board of Parole of a violation1
admitted by the parolee and the administrative sanctions imposed.2
(g) Such other policies and procedures as are necessary to implement the3
provisions of this Subsection and to provide adequate parole supervision.4
(3) If the administrative sanction imposed pursuant to the provisions of this5
Subsection is jail confinement, the confinement shall not exceed ten days per6
violation and shall not exceed a total of sixty days per year.7
(4) For purposes of this Subsection, "technical violation" means any8
violation of a condition of parole as defined in R.S. 15:574.9(G)(2).9
B.C.(1) If the chief probation and parole officer, upon recommendation by10
a parole officer, has reasonable cause to believe that a parolee has violated the11
conditions of parole, he shall notify the board, and shall cause the appropriate parole12
officer to submit the parolee's record to the board. After consideration of the record13
submitted, and after such further investigation as it may deem necessary, the board14
may order:15
(a) The issuance of a reprimand and warning to the parolee.16
(b) That the parolee be required to conform to one or more additional17
conditions of parole which may be imposed in accordance with R.S. 15:574.4.18
(c) That the parolee be arrested, and upon arrest be given a prerevocation19
hearing within a reasonable time, at or reasonably near the place of the alleged parole20
violation or arrest, to determine whether there is probable cause to detain the parolee21
pending orders of the parole board.22
(2) Upon receiving a summary of the prerevocation proceeding, the board23
may order the following:24
(a) The parolee's return to the physical custody of the Department of Public25
Safety and Corrections, corrections services, to await a hearing to determine whether26
his parole should be revoked.27
(b) As an alternative to revocation, that the parolee, as a condition of parole,28
be committed to a community rehabilitation center or a substance abuse treatment29
program operated by, or under contract with, the department, for a period of time not30 ENROLLEDHB NO. 415
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to exceed six months, without benefit of good time, provided that such commitment1
does not extend the period of parole beyond the full parole term. Upon written2
request of the department that the offender be removed for violations of the rules or3
regulations of the community rehabilitation center or substance abuse program, the4
board shall order that the parole be revoked, with credit for time served in the5
community rehabilitation center.6
Section 2. Code of Criminal Procedure Article 899.1 is hereby enacted to read as7
follows:8
Art. 899.1. Administrative sanctions for technical violations9
A. At the time of sentencing, the court may make a determination as to10
whether a defendant is eligible for the imposition of administrative sanctions as11
provided for in this Article. If authorized to do so by the sentencing court, each time12
a defendant violates a condition of his probation, a probation agency may use13
administrative sanctions to address a technical violation committed by a defendant14
when all of the following occur:15
(1) The defendant, after receiving written notification of the right to a16
hearing before a court and the right to counsel provides a written waiver of a17
probation violation hearing.18
(2) The defendant admits to the violation or affirmatively chooses not to19
contest the violation alleged in the probation violation report.20
(3) The defendant consents to the imposition of administrative sanctions by21
the Department of Public Safety and Corrections.22
B. The department shall promulgate rules to implement the provisions of this23
Article to establish the following:24
(1) A system of structured, administrative sanctions which shall be imposed25
for technical violations of probation and which shall take into consideration the26
following factors:27
(a) The severity of the violation behavior.28
(b) The prior violation history.29
(c) The severity of the underlying criminal conviction.30 ENROLLEDHB NO. 415
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(d) The criminal history of the probationer.1
(e) Any special circumstances, characteristics, or resources of the2
probationer.3
(f) Protection of the community.4
(g) Deterrence.5
(h) The availability of appropriate local sanctions, including but not limited6
to jail, treatment, community service work, house arrest, electronic surveillance,7
restitution centers, work release centers, day reporting centers, or other local8
sanctions.9
(2) Procedures to provide a probationer with written notice of the right to a10
probation violation hearing to determine whether the probationer violated the11
conditions of probation alleged in the violation report and the right to be represented12
by counsel at state expense at that hearing if financially eligible.13
(3) Procedures for a probationer to provide written waiver of the right to a14
probation violation hearing, to admit to the violation or affirmatively choose not to15
contest the violation alleged in the probation violation report, and to consent to the16
imposition of administrative sanctions by the department.17
(4) The level and type of sanctions that may be imposed by probation18
officers and other supervisory personnel.19
(5) The level and type of violation behavior that warrants a recommendation20
to the court that probation be revoked.21
(6) Procedures notifying the probationer, the district attorney, the defense22
counsel of record, and the court of probation of a violation admitted by the23
probationer and the administrative sanctions imposed.24
(7) Such other policies and procedures as are necessary to implement the25
provisions of this Article and to provide adequate probation supervision.26
C. If the administrative sanction imposed pursuant to the provisions of this27
Article is jail confinement, the confinement shall not exceed ten days per violation28
and shall not exceed a total of sixty days per year.29 ENROLLEDHB NO. 415
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D. For purposes of this Article, "technical violation" means any violation of1
a condition of probation, except for an allegation of a subsequent criminal act.2
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: