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 264 Original 2018 Regular Session Smith
Abstract: Creates the Community-based Alternatives for Primary Caretakers Act which authorizes
district courts to establish a division of court to which offenses committed by primary
caretakers of dependent children may be assigned.
Proposed law creates the Community-based Alternatives for Primary Caretakers Act which provides
that each district court by rule may designate one or more divisions to which offenses committed by
primary caretakers of dependent children may be assigned, and may establish a program to be
administered by a presiding judge or judges thereof or by an employee designated by the court. In
this regard, proposed law provides definitions for "dependent child" and "primary caretaker" and
does all of the following:
(1)Provides eligibility requirements for participants in the program which include the following:
(a) the defendant is a primary caretaker of a dependent child; (b) the defendant is charged
with an offense that is not a crime of violence committed against a person who is under the
age of eighteen years, a sex offense committed against a person who is under the age of
eighteen years, or any offense committed against the defendant's biological or adopted child;
(c) the interest of justice, the child's best interest, and the best interest of the community are
all served by the defendant's participation in the program as opposed to the defendant's
incarceration or other sanctions; (d) the court assigned to the defendant's case consents to the
defendant's participation in the program; and (e) the defendant consents to participation in
the program.
(2)Provides that the court shall make the final determination as to whether the defendant is
eligible for participation in the program, and provides certain factors for the court to consider
in making this determination including but not limited to information regarding prior
criminal charges; education, work experience, and training; and family history. In addition,
requires the court to consider all of the following: (a) the nature of the crime charged and
the circumstances surrounding the crime; (b) any special characteristics or
circumstances of the defendant; (c) the
defendant's criminal history and whether the
defendant previously participated in the
primary caretaker program; (d) whether there
is a probability that the defendant will
cooperate with and benefit from the program;
(e) whether the program has the necessary
resources that are appropriate to meet the needs of the defendant; (f) the community
impact; (g) recommendations, if any, of the
prosecutor, the involved law enforcement
agency, or the victim of the offense; and (h)
any other circumstances reasonably related to
the defendant's case.
(3)Requires an eligibility screening and assessment to determine if the defendant is a primary
caretaker of a dependent child and provides that if the defendant is determined to be eligible
to participate in the program, the court is required to provide the defendant with certain
information about the program including the following:
(a)If the defendant is accepted into and elects to participate in the program, his sentence
will either be deferred or suspended and he will be placed on supervised probation
under the usual conditions or probation or under certain special conditions of
probation ordered by the court that are related to the completion of the primary
caretaker program.
(b)The court may impose any conditions reasonably related to the defendant's successful
completion of the primary caretaker program and the best interests of the defendant's
child.
(c)If the defendant completes the program, and successfully completes all other
requirements of the court, the conviction may be set aside and the prosecution
dismissed. If the defendant does not successfully complete the program, the court
may revoke the probation and impose the sentence, or the court may revoke the
probation and order the defendant to serve the sentence previously imposed and
suspended.
(4)Provides that the defendant has a right to be represented by counsel at all stages of criminal
prosecution and in any court hearing related to his participation in the program. Further
provides that no statement made to any probation officer or primary caretaker program
worker subsequent to the granting of probation shall be admissible in any civil or criminal
action or proceeding, except a probation revocation proceeding.
(5)Provides that if the court determines that the defendant is not qualified for enrollment in the
primary caretaker program, the court shall state for the record the reasons for such
determination.
(6)Provides that the court may require the person to meet certain conditions that the court deems
appropriate, including but not limited to any of the following: drug and alcohol treatment;
domestic violence education and prevention; physical and sexual abuse counseling; anger
management; vocational and educational services; job training and placement; affordable and
safe housing assistance; financial literacy; parenting classes; family and individual
counseling; and family case management services. (7)Provides that the terms of the program agreement shall be decided by the court and requires
certain information to be included in the agreement which must be signed by the defendant.
(8)Provides that a defendant may not be excluded from participation in the program because of
a defendant's inability to pay all of the related costs associated with participation in the
program.
(9)Provides that if the defendant violates any of the conditions of probation or the program
agreement or performs unsatisfactorily in the program, or if it appears that the defendant is
not benefitting from the program, the program supervisor or probation officer may move the
court for a hearing to determine if the defendant has violated a condition of the program,
whether the defendant should remain in the program, or whether participation in the program
or probation should be revoked and the defendant removed from the program and sentenced
or ordered to serve any sentence previously imposed.
(10)If at the hearing the moving party demonstrates sufficient proof that the defendant has
violated probation or the agreement, the defendant may be reprimanded, sanctioned for the
violation, removed from the program, or the agreement may be changed to meet the
defendant's specific needs.
(11)Provides that upon successful completion of the program and its terms and conditions, the
court may vacate the judgment of conviction and dismiss the criminal proceedings against
the defendant or may discharge the defendant from probation in accordance with present law
(C.Cr.P. Art. 893 or 894).
(Adds R.S. 13:5381 - 5386)