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.
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.