HLS 13RS-727 ORIGINAL
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Regular Session, 2013
HOUSE BILL NO. 158
BY REPRESENTATIVE TERRY LANDRY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/SENTENCING: Authorizes a pilot program to provide supervised probation
of certain offenders in certain judicial districts
AN ACT1
To enact R.S. 15:571.37, relative to probation; to authorize the development of a pilot2
program to provide supervised probation by the office of the district attorney in3
certain judicial districts; to provide for applicability; to provide for eligibility; to4
provide for rulemaking; to provide for the assessment of a supervision fee; to provide5
for the evaluation of the pilot program; to provide for reporting to legislative6
committees; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 15:571.37 is hereby enacted to read as follows: 9
ยง571.37. Pilot program; supervised probation by certain district attorneys10
A. Not later than January 1, 2014, the district attorneys of the Fourteenth,11
Sixteenth, and Thirty-Sixth Judicial Districts may implement a pilot program to12
provide for the supervision of eligible offenders convicted of a first or second felony13
offense as provided for in Subsection B of this Section. The sentencing court, with14
the consent of the district attorney, may order supervised probation of an offender15
who is otherwise eligible to be conducted by the district attorney pursuant to the16
provisions of this Section.17
B. A person shall be eligible to participate in the pilot program provided for18
by this Section if the person is convicted of a first or second felony offense which is19
not a crime of violence as defined in R.S. 14:2(B) or a sex offense as defined in R.S.20 HLS 13RS-727 ORIGINAL
HB NO. 158
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15:541 and who is eligible for probation or deferral of a sentence pursuant to Code1
of Criminal Procedure Article 893.2
C.(1) The district attorney shall develop, adopt, and implement rules and3
regulations for the development, implementation, and administration of the pilot4
program.5
(2) The rules and regulations shall ensure that no defendant is excluded from6
participation in the program based upon indigency.7
(3) The rules and regulations may also include but shall not be limited to the8
following:9
(a) A requirement that the offender shall be subject to electric monitoring.10
(b) A requirement that the offender shall be subject to home incarceration.11
(c) A requirement that the offender shall obtain employment to defray costs12
of supervision.13
(d) A requirement that the offender shall submit to drug testing or inpatient14
treatment.15
D. An offender ordered to participate in the program shall be subject to all16
of the conditions of probation provided for in Code of Criminal Procedure Articles17
895 through 902.18
E. When the court places the defendant on supervised probation pursuant to19
the provisions of this Section, it shall order as a condition of supervision a monthly20
fee of not less than sixty nor more than one hundred ten dollars payable to the district21
attorney to defray the cost of supervision.22
F. The court may, in lieu of the monthly supervision fee provided for in23
Subsection E of this Section, require the defendant to perform a specified amount of24
community service work each month if the court finds that the defendant is unable25
to pay the minimum supervision fee.26
G. Notwithstanding any other provision of law to the contrary, the court on27
its own motion, or upon motion by the district attorney may terminate an offender's28
participation in the pilot program authorized by this Section and order his probation29 HLS 13RS-727 ORIGINAL
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to be supervised by the Department of Public Safety and Corrections. If participation1
in the pilot program is terminated by the district attorney, the district attorney shall2
notify the court and offender, in writing, of the termination and transfer of probation.3
H. The pilot program authorized by the provisions of this Section shall be4
evaluated with regard to recidivism, frequency of supervision contacts, collection of5
restitution, fines, and court costs, deterrence, cost of supervision, and other relevant6
measures of effectiveness. Such evaluation shall provide the required information7
on a project basis as well as in comparison with traditional probation.8
I. A report of the evaluation of the program shall be presented to the Joint9
Legislative Committee on the Budget, the Senate Committee on Judiciary C, and the10
House Committee on the Administration of Criminal Justice not later than thirty days11
prior to the first day of the 2017 Regular Session of the Legislature of Louisiana.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)]
Terry Landry HB No. 158
Abstract: Provides for a pilot program which will authorize the district attorney to conduct
supervised probation in certain cases.
Present law provides for probation supervision conducted by DPS&C.
Proposed law retains present law.
Proposed law authorizes the district attorneys of the 14th, 16th, and 36th Judicial Districts
to implement a pilot program to provide for the supervision of first and second felony
offenders who are eligible for probation or deferral of a sentence. Provides that persons
convicted of a crime of violence or a sex offense shall not be eligible to participate in the
program.
Proposed law provides that the sentencing court, with the consent of the district attorney,
may order the supervised probation of an offender who is otherwise eligible to be conducted
by the district attorney.
Proposed law provides that when the court places the defendant on supervised probation by
the district attorney, it shall order as a condition of supervision a monthly fee of not less than
$60 nor more than $110 payable to the district attorney to defray the cost of supervision.
The court may, in lieu of the monthly supervision fee, require the defendant to perform a
specified amount of community service work each month if the court finds the defendant is
unable to pay the minimum supervision fee. HLS 13RS-727 ORIGINAL
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Proposed law provides that the district attorney or the court may terminate an offender's
participation in the program and order that the offender be supervised by DPS&C.
Proposed law provides for evaluation of the program and reports to the legislature before the
2017 R.S.
(Adds R.S. 15:571.37)