RÉSUMÉ DIGEST
ACT 131 (HB 94) 2017 Regular Session Jimmy Harris
Prior law authorized 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.
New law removes the enumerated district courts that are authorized to establish a reentry
division in prior law and authorizes the creation of a reentry division in all district courts.
New law requires that each district court secure funding before establishing a reentry
division, but specifies that failure of a district court to secure funding prior to the creation
of a reentry division of court will have no effect upon any judgment, finding, or sentence.
New 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.
Existing 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.
New law retains existing law and further requires that defendants meet suitability
requirements as defined by the Offender Rehabilitation and Workforce Development
Program.
Effective August 1, 2017.
(Amends R.S. 13:587.4(A) and 5401(A) and (B)(1) and (2); Repeals R.S. 13:5401(C))