Louisiana 2017 2017 Regular Session

Louisiana House Bill HB94 Comm Sub / Analysis

                    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)]
HB 94 Engrossed	2017 Regular Session	Jimmy Harris
Abstract: Authorizes the creation of a reentry division in all district courts.
Present law authorizes the 1st JDC, 4th JDC, 11th JDC, 14th JDC,15th JDC, 19th JDC, 21st JDC,
22nd JDC, 24th JDC, 25th JDC, 26th JDC, 32nd JDC, and the Criminal District Court for the parish
of Orleans to create a reentry division responsible for developing a workforce development
sentencing program with specific qualification and requirements.
Proposed law removes the enumerated district courts that are authorized to establish a reentry
division and authorizes the creation of a reentry division in all district courts.
Proposed law requires that each district court secure funding before establishing a reentry division. 
Proposed law further requires that each district court contact the Dept. of Public Safety and
Corrections to ensure that there is adequate capacity for enrollment or if available bed space exists
prior to sentencing.
Present law provides that the court may recommend that a defendant participate in the workforce
development sentencing program if all of the following criteria are satisfied:
(1)The defendant meets the eligibility requirements for participation in the Offender
Rehabilitation and Workforce Development Program.
(2)The court determines that it is in the best interest of the community and in the interest of
justice that the defendant be sentenced to the Offender Rehabilitation and Workforce
Development Program.
(3)The defendant is not sentenced to a term of incarceration which exceeds 10 years.
(4)The defendant shall not have any prior felony convictions for any offenses defined as a sex
offense.
(5)The crime before the court shall not be a crime of violence including domestic violence.
(6)The defendant cannot be sentenced as a multiple offender in the present charge.
(7)Other criminal proceedings alleging commission of a crime of violence shall not be pending
against the defendant. (8)The crime before the court shall not be a charge of any crime that resulted in the death of a
person.
Proposed law retains present law and further requires that defendants meet suitability requirements
as defined by the Offender Rehabilitation and Workforce Development Program.
(Amends R.S. 13:587.4(A) and 5401(A) and (B)(1) and (2); Repeals R.S. 13:5401(C))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Judiciary to the original bill:
1. Requires each district court to contact the Dept. of Public Safety and Corrections to
determine if there is adequate capacity for enrollment prior to sentencing.