HLS 18RS-1102 ENGROSSED
2018 Regular Session
HOUSE BILL NO. 705
BY REPRESENTATIVE MAGEE
CRIMINAL/SENTENCING: Provides relative to the Lafourche Parish Pretrial Home
Incarceration Program
1 AN ACT
2To amend and reenact R.S. 15:571.35.1(A), (B), (C)(1) and (2)(a) and (e), (D), (E), (F), (G),
3 and (H), to enact R.S. 15:571.35.1(C)(3), and to repeal R.S. 15:571.35.1(I), relative
4 to home incarceration; to provide relative to a home incarceration program in
5 Lafourche Parish; to provide for eligibility; to provide relative to the determination
6 of eligibility; to provide relative to conditions of the program; to provide with respect
7 to bail; to provide relative to electronic monitoring; to remove provisions relating to
8 the pilot program and its termination; and to provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 15:571.35.1(A), (B), (C)(1) and (2)(a) and (e), (D), (E), (F), (G), and
11(H) are hereby amended and reenacted and R.S. 15:571.35.1(C)(3) is hereby enacted to read
12as follows:
13 ยง571.35.1. Pilot program; Lafourche Parish Pretrial Home Incarceration Program;
14 electronic monitoring
15 A. Not later than January 1, 2011, the The Lafourche Parish Sheriff's Office
16 may implement a pilot program using, as an alternative mode of incarceration to
17 traditional imprisonment, active electronic monitoring of offenders who are eligible
18 under the provisions of this Section. This pilot program shall be referred to as the
19 Lafourche Parish Pretrial Home Incarceration Program.
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1 B. A defendant may be eligible for participation in the pilot program under
2 the following conditions:
3 (1) No defendant who has been charged with a crime of violence as defined
4 in R.S. 14:2(B), or with a sex offense as defined in R.S. 15:541, shall be eligible for
5 the pilot program established under the provisions of this Section.
6 (2) A determination is made by the Lafourche Parish Sheriff's Office that the
7 defendant is particularly likely to respond affirmatively to participation in the pilot
8 program.
9 (3) The Lafourche Parish Sheriff's Office has interviewed the defendant and
10 has made a risk assessment determination that the defendant is eligible for
11 participation in the pilot program. The Lafourche Parish Sheriff's Office shall
12 forward the risk 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 in the program shall be supervised and shall be subject to
19 all of the conditions required for participation. The conditions of the pilot program
20 may include any condition reasonably related to the pilot program, including curfew,
21 home visitations by persons designated by the sheriff, and limitations of the
22 defendant's activities outside of the home.
23 * * *
24 (e) Notwithstanding the provisions of Code of Criminal Procedure Article
25 880, the defendant may receive credit for time served while participating in the pilot
26 program only with the approval of the sentencing court.
27 (3) Participation in the program does not, in any way, negate nor nullify the
28 bail obligations as set by the court. At any time, a defendant may post a legally
29 sufficient authorized bail and become relieved of all conditions of this program
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1 unless those conditions are specifically ordered by the court or by law as a condition
2 of bail.
3 D.(1) No defendant shall be admitted to the pilot program prior to court
4 approval of the defendant's participation in the pilot program.
5 (2) Notwithstanding any other provision of law to the contrary, the court, at
6 any time on its own motion, may prohibit or terminate a defendant's initial or
7 continued participation in the pilot program.
8 E.(1) The sheriff shall be entitled to collect from the parish governing
9 authority and apply to the funding of the pilot program a sum not less than the per
10 diem fee authorized by R.S. 13:5535(1). In lieu of the per diem, the sheriff may
11 establish a fee which is agreed upon by the parish governing authority and the
12 sheriff. In no event shall those funds be considered surplus funds.
13 (2) In the case of indigent persons who may be eligible to participate in the
14 pilot program, the sheriff shall establish rules and regulations addressing governing
15 participation by indigent defendants.
16 (3) The sheriff may apply for funding and grants from any and all sources
17 he may deem appropriate to develop, design, implement, administer, and evaluate
18 the pilot program.
19 (4) The sheriff may engage in cooperative endeavor agreements with other
20 government agencies or departments and with any nonprofit organization whose
21 mission is compatible with the goals and objectives of the pilot program.
22 F. The sheriff may terminate the participation of any defendant in the pilot
23 program who fails to comply with the terms of participation in the program and
24 require the physical return of any defendant terminated from participation in the
25 program to parish jail or such other facility as the sheriff may deem appropriate for
26 the purpose of continuing his pretrial detention.
27 G. With respect to any defendant in the pilot program, neither the sheriff nor
28 the parish shall be responsible for any medical costs or the provision of medical care,
29 transportation costs or the provision of transportation, housing costs or the provision
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HB NO. 705
1 of housing, food costs or the provision of food, or clothing costs or the provision of
2 clothing to the defendant.
3 H. Neither the sheriff of Lafourche Parish, nor his deputies and employees,
4 nor the governing authority of Lafourche Parish or its elected or appointed officials,
5 deputies, or employees, nor any party engaged in a cooperative endeavor agreement
6 with the pilot program shall have any liability for the acts of any defendant who is
7 admitted to participation during the time the defendant is participating in the pilot
8 program.
9 Section 2. R.S. 15:571.35.1(I) is hereby repealed in its entirety.
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 Engrossed 2018 Regular Session Magee
Abstract: Provides for the Lafourche Parish Pretrial 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 changes the nature of the program from a pilot program to a permanent
program.
Proposed law provides that participation in the program does not, in any way, negate nor
nullify the bail obligations as set by the court. At any time, a defendant may post a legally
sufficient authorized bail and become relieved of all conditions of this program unless those
conditions are specifically ordered by the court or by law as a condition of bail.
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HB NO. 705
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.
Proposed law otherwise retains present law.
(Amends R.S. 15:571.35.1(A), (B), (C)(1) and (2)(a) and (e), (D), (E), (F), (G), and (H);
Adds R.S. 15:571.35.1(C)(3); Repeals R.S. 15:571.35.1(I))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Remove proposed law changes to present law except for the following:
(a)Retain the proposed law change to the nature of the program from a pilot
program to a permanent program.
(b)Amend the proposed law provision relative to bail obligations to provide
that participation in the program does not, in any way, negate nor nullify
the bail obligations as set by the court. At any time, a defendant may
post a legally sufficient authorized bail and become relieved of all
conditions of this program unless those conditions are specifically
ordered by the court or by law as a condition of bail.
(c)Retain the proposed law removal of present law provisions regarding the
evaluation of the original pilot program and the reporting of that
information to the legislature, and the removal of present law provisions
governing the termination of the present law pilot program.
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