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 Original 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 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.
Proposed law further provides that for any defendant placed on probation for a period of two years
or more, at the time of sentencing, the court is required to set a date, within two years of sentencing,
for a review of the defendant's probation to determine whether the defendant has earned compliance
credits and whether the defendant's probation term may be terminated early as "satisfactorily
completed".
Proposed law provides for the list of factors that the court is required to consider in this regard
including factors relative to the defendant's compliance with conditions of probation, employment
history, use or abuse of alcohol or drugs, support of family obligations, pursuit of education or
training, and pursuit of treatment.
If at the review of the defendant's probation, the court determines that the defendant has complied
with the terms and conditions of probation, proposed law provides that the defendant's probation
term may be terminated early as "satisfactorily completed".
If the court declines to authorize "earned compliance credits" or to terminate the defendant's
probation early as "satisfactorily completed", proposed law requires the court to conduct an annual
review of the defendant's probation until such time as the defendant is released from probation. Proposed law requires the Dept. of Public Safety and Corrections, division of probation and parole
to submit written compliance reports to the sentencing court, the prosecuting agency, and to the
defendant and his attorney with recommendations regarding all issues relevant to the defendant's
probation within ten days prior to the probation review.
Proposed law provides that any party may request that a contradictory hearing be held as part of the
court's review of the defendant's probation or upon issuance of the court's ruling, if no hearing is held
prior to the court's decision, for the purpose of challenging the court's findings and ruling.
(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))