GREEN SHEET REDIGEST
HB 264 2018 Regular Session Smith
COURTS: Provides relative to community-based sentencing alternatives for offenses
committed by primary caretakers.
DIGEST
Proposed law creates the Community-based Alternatives for Primary Caretakers Act which
authorizes a pilot program in Orleans Parish Criminal District Court for a division of the
court to be designated as the division to which offenses committed by primary caretakers
may be assigned.
Proposed law provides that on and after Jan. 1, 2020, any judicial 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.
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; and (d) the district attorney, the defendant, and the court to which
the defendant's case is assigned consent to the defendant's 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.
Page 1 of 3
Prepared by Ashley Menou. (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)
Summary of Amendments Adopted by House
Page 2 of 3
Prepared by Ashley Menou. The Committee Amendments Proposed by House Committee on Judiciary to the original
bill:
1. Require the consent of the district attorney for the defendant to be considered for
the primary caretaker program.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
reengrossed bill
1. Creates a pilot program for the primary caretaker division of court in the Orleans
Parish Criminal District Court.
2. Authorizes any judicial district court to designate a primary caretaker division on
or after Jan. 1, 2020.
Page 3 of 3
Prepared by Ashley Menou.