HLS 18RS-1102 ORIGINAL
2018 Regular Session
HOUSE BILL NO. 705
BY REPRESENTATIVE MAGEE
CRIMINAL/SENTENCING: Provides relative to the Lafourche Parish Alternative Home
Incarceration Program
1 AN ACT
2To amend and reenact R.S. 15:571.35.1, relative to home incarceration; to provide relative
3 to a home incarceration program in Lafourche Parish; to provide for eligibility; to
4 provide relative to the determination of eligibility; to provide relative to conditions
5 of the program; to provide with respect to bail; to provide relative to electronic
6 monitoring; to remove provisions relating to the pilot program and its termination;
7 and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 15:571.35.1 is hereby amended and reenacted to read as follows:
10 ยง571.35.1. Pilot program; Lafourche Parish Pretrial Alternative Home Incarceration
11 Program; electronic monitoring
12 A. Not later than January 1, 2011, the The Lafourche Parish Sheriff's Office
13 may implement a pilot program using, as an alternative mode of incarceration to
14 traditional imprisonment, active electronic monitoring of offenders inmates who are
15 eligible under the provisions of this Section. This pilot program shall be referred to
16 as the Lafourche Parish Pretrial Alternative Home Incarceration Program.
17 B. A defendant With consent of the judge at the time of a hearing set by the
18 court, including a bail hearing, an inmate may be eligible for participation in the pilot
19 program under the following conditions:
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1 (1) No defendant inmate who has been charged with a crime of violence as
2 defined in R.S. 14:2(B), or with a sex offense as defined in R.S. 15:541, any crime
3 punishable by death or life imprisonment shall be eligible for the pilot program
4 established under the provisions of this Section.
5 (2) A determination is made by the Lafourche Parish Sheriff's Office that the
6 defendant inmate is particularly likely to respond affirmatively to participation in the
7 pilot program.
8 (3) The Lafourche Parish Sheriff's Office has interviewed the defendant
9 inmate and has made a risk-based assessment determination that the defendant
10 inmate is eligible for participation in the pilot program. The Lafourche Parish
11 Sheriff's Office shall, upon specific request, forward the particular risk-based
12 assessment to the court for use as the court may deem proper.
13 C.(1) The Lafourche Parish Sheriff's Office shall develop, adopt, and
14 implement rules and regulations for the development, implementation, and
15 administration of the pilot program.
16 (2) Such rules and regulations shall include but not be limited to the
17 following:
18 (a) A defendant An inmate in the program shall be supervised and shall be
19 subject to all of the conditions required for participation. The conditions of the pilot
20 program may include any condition reasonably related to the pilot program,
21 including curfew, home visitations by persons designated by the sheriff, and
22 limitations of the defendant's inmate's activities outside of the home, and
23 participation in appropriate counseling or training sessions.
24 (b) The program shall include the use of active global positioning
25 systems electronic monitoring devices.
26 (c) A defendant An inmate may be required to obtain or maintain
27 employment and may be required to pay a reasonable supervision fee to the
28 supervising agency to defray the cost of his supervision and the cost of the required
29 electronic monitoring.
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1 (d) A defendant An inmate shall be given written notice of the conditions
2 imposed in writing for participation in the program, and he the inmate shall be
3 required to agree in writing to the conditions.
4 (e) Notwithstanding the provisions of Code of Criminal Procedure Article
5 880, the defendant may receive credit for time served while participating in the pilot
6 program only with the approval of the sentencing court. In accordance with the
7 provisions of R.S. 15:571.3, an inmate may receive a diminution of sentence for
8 good behavior.
9 (3) Participation in the program does not negate nor nullify a bond or bail
10 obligation set by the court. At any time, an inmate may post a legally sufficient bond
11 or bail obligation and become relieved of all conditions of this program unless those
12 conditions are specifically ordered by the court or by law as a condition of the bond
13 or bail obligation.
14 D.(1) No defendant shall be admitted to the pilot program prior to court
15 approval of the defendant's participation in the pilot program. In no case does an
16 inmate have a right nor an entitlement to participate in the program.
17 (2) Notwithstanding any other provision of law to the contrary, the court to
18 whom a criminal matter is properly assigned, at any time and on its own motion, may
19 prohibit or terminate a defendant's an inmate's initial or continued participation in the
20 pilot program.
21 E.(1) The sheriff shall be entitled to collect from the parish governing
22 authority and apply to the funding of the pilot program a sum not less than the per
23 diem fee authorized by R.S. 13:5535(1). In lieu of the per diem, the sheriff may
24 establish a fee which is agreed upon by the parish governing authority and the
25 sheriff. In no event shall those funds be considered surplus funds.
26 (2) In the case of indigent persons who may be eligible to participate in the
27 pilot program, the sheriff shall establish rules and regulations addressing governing
28 participation by indigent defendants inmates.
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1 (3) The sheriff may apply for funding and grants from any and all sources
2 he may deem appropriate to develop, design, implement, administer, and evaluate
3 the pilot program.
4 (4) The sheriff may engage in cooperative endeavor agreements with other
5 government agencies or departments and with any nonprofit organization whose
6 mission is compatible with the goals and objectives of the pilot program.
7 F. The sheriff or his designee may terminate the participation of any
8 defendant inmate in the pilot program who fails to comply with the terms of
9 participation in the program and require the immediate physical return of any
10 defendant inmate terminated from participation in the program to parish jail or such
11 other facility as the sheriff may deem appropriate for the purpose of continuing his
12 pretrial detention.
13 G. With respect to any defendant inmate in the pilot program, neither the
14 sheriff nor the parish shall be responsible for any medical costs or the provision of
15 medical care, transportation costs or the provision of transportation, housing costs
16 or the provision of housing, food costs or the provision of food, or clothing costs or
17 the provision of clothing to the defendant participating inmate.
18 H. Neither the sheriff of Lafourche Parish, nor his deputies, and employees,
19 or insurers, nor the governing authority of Lafourche Parish or its elected or
20 appointed officials, deputies, or employees, nor any party engaged in a cooperative
21 endeavor agreement with the pilot program shall have any liability for the acts of any
22 defendant inmate who is admitted to participation during the time the defendant
23 inmate is participating in the pilot program.
24 I.(1) The pilot program established pursuant to the provisions of this Section
25 shall be evaluated with regard to security, beneficial and detrimental effects on the
26 prisoner inmate, projected probable effects on deterrence, cost, labor intensiveness,
27 and other relevant measures of effectiveness. Such evaluation shall provide the
28 required information on a project basis as well as in comparison with traditional
29 imprisonment.
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1 (2) A report of the evaluation of the program shall be presented to the Joint
2 Legislative Committee on the Budget, the Senate Committee on Judiciary B, and the
3 House Committee on the Administration of Criminal Justice not later than thirty days
4 prior to the first day of the 2012 Regular Session of the Legislature of Louisiana.
5 (3) Unless otherwise terminated by appropriate legislative action, the pilot
6 program shall begin a termination process not later than sixty days after the date in
7 which a newly constructed correctional facility in Lafourche Parish is opened and
8 occupied. After that date, no new participants shall be admitted to the program.
9 Those participants in the program prior to that date shall be allowed to continue
10 participation, except as otherwise provided for by this Section, and the program shall
11 be phased out and fully terminated when the number of participants declines to zero.
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 705 Original 2018 Regular Session Magee
Abstract: Provides for the Lafourche Parish Alternative Home Incarceration Program,
including eligibility determinations and conditions of the program.
Present law authorizes the Lafourche Parish Sheriff's Office to implement a pilot program
using electronic monitoring as an alternative to incarceration. Provides for the following
eligibility provisions:
(1)No defendant charged with a crime of violence or sex offense can participate in the
pilot program.
(2)The sheriff's office makes a determination that the defendant is particularly likely to
respond to the program.
(3)The sheriff's office interviewed the defendant and conducted a risk assessment.
Present law provides for electronic monitoring of the participants in the program and
provides for other conditions of the program. Allows the court or the sheriff to terminate
participation in the program at any time. Authorizes the sheriff to assess a fee or to collect
the per diem authorized by present law (R.S. 13:5535(1)), and, in the case of indigent
persons, requires the sheriff to establish rules governing participation in the program by
indigent defendants. Provides for the evaluation of the program and requires the reporting
of information to the legislature by the year 2012.
Proposed law makes the following changes to the program:
(1)Renames the program the Lafourche Parish Alternative Home Incarceration
Program.
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(2)Changes the nature of the program from a pilot program to a permanent program.
(3)Amends eligibility requirements as follows:
(a)Only those persons charged with a crime punishable by death or life
imprisonment are ineligible to participate in the program.
(b)Requires the sheriff's office to forward the risk-based assessment
determination to the court upon request.
(4)Provides that the conditions of the program may include participation in appropriate
counseling or training sessions, shall include the use of active global positioning
systems electronic monitoring, and may require the inmate to maintain employment.
(5)Provides that participation in the program does not negate or nullify a bond or bail
obligation, and provides that an inmate may post a bond or bail obligation and be
relieved of the conditions of this program unless the conditions are specifically
ordered by the court or by law.
(6)Deletes the present law provision allowing the defendant to receive credit for time
served while participating in the program with the approval of the sentencing court,
and adds provisions allowing the inmate to receive a diminution of sentence for good
behavior.
Proposed law removes present law provisions regarding the evaluation of the original pilot
program and the reporting of that information to the legislature, and removes present law
provisions governing the termination of the present law pilot program.
(Amends R.S. 15:571.35.1)
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