HLS 18RS-718 ENGROSSED
2018 Regular Session
HOUSE BILL NO. 195
BY REPRESENTATIVE MACK
PROBATION: Provides relative to probation and the defendant's eligibility to earn
compliance credits or early termination
1 AN ACT
2To amend and reenact Code of Criminal Procedure Articles 893(A)(1)(a) and (4), (B)(2),
3 and (G) and 895.6(A) and to enact Code of Criminal Procedure Article 893(H),
4 relative to probation; to provide relative to the maximum duration of probation for
5 defendants convicted of certain offenses; to provide relative to earned compliance
6 credits; to provide a procedure by which the court determines whether a defendant
7 has earned compliance credits toward his probation period and whether his probation
8 term may be terminated early; and to provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. Code of Criminal Procedure Articles 893(A)(1)(a) and (4), (B)(2), and (G)
11and 895.6(A) are hereby amended and reenacted and Code of Criminal Procedure Article
12893(H) is hereby enacted to read as follows:
13 Art. 893. Suspension and deferral of sentence and probation in felony cases
14 A.(1)(a) When it appears that the best interest of the public and of the
15 defendant will be served, the court, after a first, second, or third conviction of a
16 noncapital felony, may suspend, in whole or in part, the imposition or execution of
17 either or both sentences, where suspension is allowed under the law, and in either or
18 both cases place the defendant on probation under the supervision of the division of
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HB NO. 195
1 probation and parole. The court shall not suspend the sentence of a second or third
2 conviction of R.S. 14:73.5. Except as provided in Paragraph G of this Article, the
3 period of probation shall be specified and shall not be more than three five years.
4 * * *
5 (4) Supervised release as provided for by Chapter 3-E of Title 15 of the
6 Louisiana Revised Statutes of 1950 shall not be considered probation and shall not
7 be limited by the five-year or three-year period for probation provided for by the
8 provisions of this Paragraph.
9 B.
10 * * *
11 (2) When suspension is allowed under this Paragraph, the defendant shall be
12 placed on probation under the supervision of the division of probation and parole.
13 The period of probation shall be specified and shall not be more than three five years,
14 except as provided in Paragraph G of this Article. The suspended sentence shall be
15 regarded as a sentence for the purpose of granting or denying a new trial or appeal.
16 * * *
17 G. If the court, with the consent of the district attorney, orders a defendant,
18 upon a third conviction or fourth felony conviction, to enter and complete a program
19 provided by the drug division of the district court pursuant to R.S. 13:5301, an
20 established driving while intoxicated court or sobriety court program, a mental health
21 court program established pursuant to R.S. 13:5351 et seq., a Veterans Court
22 program established pursuant to R.S. 13:5361 et seq., a reentry court established
23 pursuant to R.S. 13:5401, or the Swift and Certain Probation Pilot Program
24 established pursuant to R.S. 13:5371, the court may place the defendant on probation
25 for a period of not more than eight years if the court determines that successful
26 completion of the program may require that period of probation to exceed the three
27 five-year limit. The court may not extend the duration of the probation period solely
28 due to unpaid fees and fines. The period of probation as initially fixed or as extended
29 shall not exceed eight years.
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1 H.(1) If any defendant is placed on supervised probation for a period of two
2 years or more, upon the defendant's having served eighteen months of his probation
3 term, the Department of Public Safety and Corrections, division of probation and
4 parole shall submit a written compliance report to the court, the prosecuting agency,
5 and to the defendant and his attorney with recommendations regarding all issues
6 relevant to the defendant's probation. The court shall review the report to determine
7 whether the defendant has earned compliance credits pursuant to Article 895.6 and
8 to determine whether the defendant's probation term may be terminated early as
9 "satisfactorily completed" pursuant to the provisions of this Paragraph.
10 (2) In making these determinations, the court shall consider all of the
11 following with respect to the defendant's behavior and actions during the probation
12 term:
13 (a) Substantial compliance with the terms and conditions of probation or lack
14 thereof.
15 (b) Commission of subsequent criminal conduct.
16 (c) Use or abuse of controlled dangerous substances or alcohol.
17 (d) Employment history while on probation.
18 (e) Compliance with all restitution orders.
19 (f) Pursuit of education or vocational training.
20 (g) Support of all family obligations.
21 (h) Earnest pursuit of all available treatment, including specialty treatment
22 court participation.
23 (3) Upon review of the report and the factors set forth in Subparagraph (2)
24 of this Paragraph, the court shall issue an interim order with its findings and rulings
25 and shall provide notice of such interim order to the prosecuting agency and to the
26 defendant and his attorney.
27 (4) Upon issuance of the interim order, any party may request within ten
28 days a contradictory hearing for the purpose of challenging the court's findings and
29 rulings. The hearing shall be held no later than thirty days from the date the request
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HB NO. 195
1 was made for the hearing. If no contradictory hearing is requested within the ten-day
2 period, the court's findings and rulings shall stand and the court's interim order shall
3 become final.
4 (5) If at the review of the defendant's probation, or after a contradictory
5 hearing requested and held pursuant to Subparagraph (4) of this Paragraph, the court
6 determines that the defendant has substantially complied with all terms and
7 conditions of probation, the court's order shall award the defendant the compliance
8 credits earned pursuant to Article 895.6 and may order that the probation term of the
9 defendant be terminated early as "satisfactorily completed".
10 (6) If the court declines to authorize "earned compliance credits" or to
11 terminate the defendant's probation early as "satisfactorily completed", the court
12 shall conduct an annual review of the defendant's probation until such time as the
13 defendant is released from probation.
14 * * *
15 Art. 895.6. Compliance credits; probation
16 A. Every defendant on felony probation pursuant to Article 893 for an
17 offense other than a crime of violence as defined in R.S. 14:2(B) or a sex offense as
18 defined in R.S. 15:541 shall be eligible to earn a diminution of probation term, to be
19 known as "earned compliance credits", by good behavior, in accordance with the
20 procedure provided in Code of Criminal Procedure Article 893. The amount of
21 diminution of probation term allowed under this Article shall be at the rate of thirty
22 days for every full calendar month on probation.
23 * * *
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 195 Engrossed 2018 Regular Session Mack
Abstract: Provides relative to the duration of probation for defendant's convicted of certain
offenses, the defendant's eligibility to earn compliance credits, and the court's
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HB NO. 195
determination as to whether the defendant has earned compliance credits or early
termination.
Present law provides that when a defendant is placed on probation for a first, second, or third
conviction of a noncapital felony or for a fourth DWI conviction when certain conditions are
met, the period of probation shall be specified and shall not be more than three years.
Proposed law amends present law to extend the duration from up to three years to up to five
years.
Present law provides that every defendant on felony probation for an offense other than a
crime of violence or a sex offense shall earn diminution of probation term, to be known as
"earned compliance credits", by good behavior.
Proposed law amends present law to remove the mandate that such defendants earn
compliance credits and provide that such defendants are eligible to earn compliance credits
which may be awarded pursuant to a procedure provided by proposed law as follows:
(1)If any defendant is placed on supervised probation for a period of two years or more,
upon the defendant’s having served 18 months of his probation, the division of
probation and parole shall submit a written compliance report to the court, the
prosecuting agency, and to the defendant and his attorney, with recommendations
regarding all issues relevant to the defendant’s probation.
(2)The court shall review the report to determine whether the defendant has earned
compliance credits and to determine whether the defendant's probation term may be
terminated early as "satisfactorily completed".
(3)Upon making its determination, the court shall issue an interim order which shall be
provided to all parties who then will have ten days to request a contradictory hearing
challenging the court’s interim ruling.
(4)Any contradictory hearing requested shall be held no later than thirty days from the
date of the request. If no contradictory hearing is requested within the ten-day
period, the court’s findings and rulings shall stand and the court’s interim order shall
become final.
(5)If at the review or after the contradictory hearing the court determines that the
defendant substantially complied with all terms and conditions of probation,
proposed law requires the court to award the defendant his earned compliance credits
and may order that the defendant’s probation be terminated early as “satisfactorily
completed”.
(6)If the court declines to authorize "earned compliance credits" or to terminate the
defendant's probation early as "satisfactorily completed", the court shall conduct an
annual review of the defendant's probation until such time as the defendant is
released from probation.
(Amends C.Cr.P. Arts. 893(A)(1)(a) and (4), (B)(2), and (G) and 895.6(A); Adds C.Cr.P.
Art. 893(H))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Amend the procedure provided in proposed law by which a defendant is awarded
earned compliance credits as follows:
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HB NO. 195
(a)Upon the defendant’s having served 18 months of probation, the division
of probation and parole shall submit a written compliance report to the
court, the prosecuting agency, and to the defendant and his attorney, with
recommendations regarding all issues relevant to the defendant’s
probation.
(b)The court shall review the report, make its determination, and issue an
interim order which shall be provided to all parties who then will have
ten days to request a contradictory hearing challenging the court’s
interim ruling.
(c)Requires any contradictory hearing requested to be held no later than
thirty days from the date of the request. If no contradictory hearing is
requested within the ten-day period, the court’s findings and rulings shall
stand and the court’s interim order shall become final.
(d)If at the review or after the contradictory hearing the court determines
that the defendant substantially complied with all terms and conditions
of probation, the bill requires the court to award the defendant his earned
compliance credits and may order that the defendant’s probation be
terminated early as “satisfactorily completed”.
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