HLS 12RS-1602 ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 1039
BY REPRESENTATIVE HARRISON
CRIMINAL/PROCEDURE: Requires home incarceration and electronic monitoring
supervision for certain convicted offenders
AN ACT1
To amend and reenact Code of Criminal Procedure Article 894.2, relative to home2
incarceration; to require home incarceration and electronic monitoring supervision3
for certain offenders; to provide for conditions; to provide for exceptions; and to4
provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Criminal Procedure Article 894.2 is hereby amended and7
reenacted to read as follows: 8
Art. 894.2. Home incarceration; requirements9
A. Notwithstanding any other provision of law to the contrary, a defendant10
may be placed on home incarceration under the following conditions:11
(1) The defendant is eligible for probation or was convicted of a12
misdemeanor or a felony punishable with or without hard labor.13
(2) In felony cases, either:14
(a) The Department of Public Safety and Corrections, through the division15
of probation and parole, recommends home incarceration of the defendant and16
specific conditions of that home incarceration; or17
(b) The district attorney recommends home incarceration.18
(3) The court determines, after a contradictory hearing, that home19
incarceration of the defendant is more suitable than imprisonment or supervised20 HLS 12RS-1602 ORIGINAL
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probation without home incarceration and would serve the best interests of justice.1
The court may order home incarceration either in lieu of, or in addition to, a term of2
imprisonment. When the court sentences a defendant, it may order the defendant to3
serve any portion of the sentence under home incarceration.4
B.(1) A defendant ordered to home incarceration shall be supervised and5
may be subject to any of the conditions of probation. Every provider of home6
incarceration supervision or electronic monitoring services shall submit information7
to the court, the sheriff of the parish, and the Department of Public Safety and8
Corrections. The Department of Public Safety and Corrections is authorized to9
establish regulations to develop a uniform reporting format and procedures for10
providers of home incarceration in order to promote efficiency and uniformity in11
data collection. Information provided shall include but not be limited to:12
(a) An annual report indicating the services offered, areas served, number of13
defendants served, number of defendants who successfully completed home14
incarceration and the number of defendants terminated and the reasons for15
termination, and credentials or qualifications of the provider.16
(b) A monthly report including the name, date of birth, and offense of17
conviction for every defendant supervised.18
(2) Failure to comply with the provisions of this Paragraph may subject the19
provider to forfeiture of its authority to do business.20
(1) Notwithstanding any provision of law to the contrary, any offender who21
is convicted of an offense which subjects the offender to a term of imprisonment and22
who is otherwise eligible pursuant to the provisions of this Article, shall serve the23
imposed sentence using home incarceration with electronic monitoring of the24
offender unless the court determines, pursuant to the provisions of Subparagraph (2)25
of this Paragraph, that incarceration by imprisonment at a correctional facility is26
more suitable for the offender and would serve the interests of justice.27
(2) At the time of sentencing, if the court determines, after a contradictory28
hearing on its own motion or on motion of the district attorney, that incarceration by29 HLS 12RS-1602 ORIGINAL
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imprisonment in a correctional facility is more suitable for the offender than home1
incarceration and would serve the interests of justice, the court shall order that the2
offender serve his term of imprisonment by confinement in a correctional facility.3
In making this determination, the court shall consider the factors provided in Code4
of Criminal Procedure Article 894.1.5
(3) If the offender is eligible and authorized to serve the imposed sentence6
through home incarceration and electronic monitoring pursuant to the provisions of7
this Article, the court shall cause the minute entry of the order placing the offender8
on home incarceration to be sent by the clerk of court to the Department of Public9
Safety and Corrections and the sheriff of the parish where the offender is to serve the10
home incarceration.11
B.(1) A person is eligible for home incarceration with electronic monitoring12
pursuant to the provisions of this Article unless any of the following conditions exist:13
(a) The person was convicted of a crime of violence as defined in R.S.14
14:2(B).15
(b) The person was convicted of a sex offense as defined in R.S. 15:541.16
(c) The person was convicted of a violation of the Uniform Controlled17
Dangerous Substances Law (R.S. 40:961 et seq.) for producing, manufacturing,18
distributing, or dispensing a controlled dangerous substance or possessing with the19
intention to produce, manufacture, distribute, or dispense a controlled dangerous20
substance.21
(2)(a) The provisions of this Article shall not be applicable to a person who22
has been convicted of a second violation of any state law or local ordinance23
prohibiting driving while intoxicated committed within five years of the commission24
of any prior driving while intoxicated violation until the offender has first served a25
minimum of forty-eight consecutive hours of imprisonment.26
(b) The provisions of this Article shall not apply to a person who has been27
convicted of a third or subsequent violation of any state law or local ordinance28
prohibiting driving while intoxicated committed within five years of the commission29 HLS 12RS-1602 ORIGINAL
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of any prior driving while intoxicated violation. Such persons shall be subject to1
home incarceration as provided for in R.S. 14:98.2
C. The court shall specify the conditions of home incarceration. The3
conditions incarceration and electronic monitoring which may include any condition4
reasonably related to implementing or monitoring the home incarceration, including5
but not limited to any of the following: curfew, electronic or telephone monitoring,6
home visitation by persons designated by the court, and limitation of the defendant's7
activities outside of the home.8
(1) Curfew.9
(2) Home visitation by persons designated by the court.10
(3) Limitation of the offender's activities outside of the home.11
(4) Restitution to a victim of the crime, if such victim has suffered a direct12
pecuniary loss as a result of the crime. The court shall take into account the13
prisoner's ability to pay and shall not revoke the offender's eligibility for home14
incarceration pursuant to the provisions of this Article based upon this condition15
unless the offender has willfully failed to comply.16
(5) Community service work, as determined by the court.17
(6) Payment into a victim compensation fund, in a manner and amount18
specified by law.19
(7) Continuing education or vocational training.20
(8) Participation in a substance abuse treatment program or other counseling21
program.22
D. The defendant offender shall be given a certificate setting forth the23
conditions of his home incarceration and shall be required to agree in writing to the24
conditions.25
E. Within thirty days of issuing the order placing the defendant on home26
incarceration, the court shall cause the minute entry to be sent by the clerk of court27
to the Department of Public Safety and Corrections and the sheriff of the parish or28
chief law enforcement officer of a municipality where the defendant is to serve the29 HLS 12RS-1602 ORIGINAL
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home incarceration. The minute entry shall include all available contact information1
of the home incarceration or electronic monitoring provider.2
F.(1) The court may require the defendant offender to obtain employment3
and may require the defendant offender to pay a reasonable supervision fee to the4
supervising agency to defray the cost of his home incarceration and electronic5
monitoring supervision.6
(2) Nothing in this Article shall prohibit an offender from participating in a7
work release program if the offender is eligible to participate in such program8
pursuant to the provisions of R.S. 15:711 or 1111. In addition to the purposes listed9
in R.S. 15:711(E), the wages of any such inmate shall be used to defray the cost of10
home incarceration and electronic monitoring supervision.11
G.F. The court may, at any time during the period of home incarceration and12
electronic monitoring supervision, modify, change, or add to the conditions of such13
incarceration.14
H. The period of home incarceration shall be for a period of not more than15
four years in felony cases and for a period not to exceed six months in misdemeanor16
cases.17
I.G. If the defendant offender violates the conditions of home incarceration18
and electronic monitoring supervision, the court, on motion of the state or its own19
motion, may, after contradictory hearing modify or impose a sentence of20
imprisonment. the conditions of the home incarceration and electronic monitoring21
supervision or order the offender to serve the remainder of the term of imprisonment22
through incarceration at a correctional facility. Notwithstanding the provisions of23
Code of Criminal Procedure Article 880, the offender shall receive credit for time24
served under home incarceration and electronic monitoring supervision.25
J. In the event of revocation and sentence to imprisonment, the defendant26
shall not receive credit for time served under home incarceration.27
K. The provisions of this Article shall not be applicable to a defendant who28
has been convicted of any second violation of any state or local driving-while-29 HLS 12RS-1602 ORIGINAL
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intoxicated law committed within five years of the commission of any prior driving-1
while-intoxicated violation until the defendant has first served a minimum of forty-2
eight consecutive hours of imprisonment.3
L. Paragraphs A and H of this Article shall not apply to a defendant who has4
been convicted of any third or subsequent violation of any state law or local5
ordinance prohibiting driving while intoxicated committed within five years of the6
commission of any prior driving-while-intoxicated violation. Such defendants shall7
be subject to home incarceration as provided for in R.S. 14:98.8
H.(1) If, at the time of sentencing, the offender is ordered to the custody of9
the Department of Public Safety and Corrections, supervision of the offender10
pursuant to the provisions of this Article shall be conducted by the Department of11
Public Safety and Corrections, division of probation and parole.12
(2) If at the time of sentencing, the offender is ordered to the custody of a13
parish sheriff or to the governing authority of the parish which operates the parish14
jail, supervision of the offender pursuant to the provisions of this Article shall be15
conducted by the sheriff.16
(3) In the event an offender has been committed to the Department of Public17
Safety and Corrections for confinement and the department transfers the offender to18
the custody of a parish sheriff, or to the governing authority of those parishes in19
which the governing authority operates the parish jail, pursuant to the provisions of20
R.S. 15:824, the sum of dollars received by the sheriff or parish governing authority21
pursuant to the provisions of R.S. 15:824 shall continue to be paid by the department22
regardless of whether the offender is confined in the parish jail or whether the23
offender is eligible and authorized to participate in the home incarceration and24
electronic monitoring supervision. If the offender participates in home incarceration25
and electronic monitoring supervision pursuant to the provisions of this Article, such26
funds shall be used to defray the cost of the offender's home incarceration and27
electronic monitoring supervision.28 HLS 12RS-1602 ORIGINAL
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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)]
Harrison HB No. 1039
Abstract: Requires home incarceration and electronic monitoring supervision for certain
convicted offenders.
Present law authorizes the use of home incarceration for certain offenders who are awaiting
trial or who have been convicted of certain offenses and have been sentenced to terms of
imprisonment either as an alternative to incarceration in a correctional facility or as a part
of the offender's probation.
Proposed law amends present law to require home incarceration and electronic monitoring
supervision of all convicted offenders unless they have been convicted of a crime of
violence, a sex offense, certain DWI violations, or certain violations of the Uniform
Controlled Dangerous Substances Act, or if, at the time of sentencing, the court determines
that incarceration by imprisonment in a correctional facility is more suitable for the offender.
Proposed law requires the court to specify the conditions of home incarceration which may
include any condition reasonably related to implementing or monitoring the home
incarceration.
Proposed law authorizes the court to require the offender to obtain employment or
participate in a work release program, if eligible, to defray the cost of home incarceration
and electronic monitoring supervision.
Proposed law authorizes the court to modify, change, or add to the conditions of such
incarceration and provides that if the offender violates the conditions of the incarceration,
the court may modify those conditions or order the offender to serve the remainder of the
term of imprisonment through incarceration at a correctional facility. Proposed law further
provides that the offender shall receive credit for his time served under home incarceration
and electronic monitoring supervision.
Proposed law provides that an offender ordered to the custody of DPS&C shall be supervised
by DPS&C, division of probation and parole, and an offender ordered to the custody of a
parish sheriff shall be supervised by the sheriff of that parish.
Proposed law provides that if an offender is ordered to the custody of DPS&C and is
subsequently transferred by the department to the custody of a parish sheriff pursuant to
present law, the sum of dollars received by sheriffs pursuant to present law shall continue
to be paid to the sheriff with the funds being used to defray the cost of the offender's home
incarceration and electronic monitoring supervision.
(Amends C.Cr.P. Art. 894.2)