ENROLLED
ACT No. 139
2018 Regular Session
HOUSE BILL NO. 705
BY REPRESENTATIVE MAGEE
1 AN ACT
2 To 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.
9 Be 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
12 as 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.
20 B. A defendant may be eligible for participation in the pilot program under
21 the following conditions:
Page 1 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 705 ENROLLED
1 (1) No defendant who has been charged with a crime of violence as defined
2 in R.S. 14:2(B), or with a sex offense as defined in R.S. 15:541, shall be eligible for
3 the pilot program established under the provisions of this Section.
4 (2) A determination is made by the Lafourche Parish Sheriff's Office that the
5 defendant is particularly likely to respond affirmatively to participation in the pilot
6 program.
7 (3) The Lafourche Parish Sheriff's Office has interviewed the defendant and
8 has made a risk assessment determination that the defendant is eligible for
9 participation in the pilot program. The Lafourche Parish Sheriff's Office shall
10 forward the risk assessment to the court for use as the court may deem proper.
11 C.(1) The Lafourche Parish Sheriff's Office shall develop, adopt, and
12 implement rules and regulations for the development, implementation, and
13 administration of the pilot program.
14 (2) Such rules and regulations shall include but not be limited to the
15 following:
16 (a) A defendant in the program shall be supervised and shall be subject to
17 all of the conditions required for participation. The conditions of the pilot program
18 may include any condition reasonably related to the pilot program, including curfew,
19 home visitations by persons designated by the sheriff, and limitations of the
20 defendant's activities outside of the home.
21 * * *
22 (e) Notwithstanding the provisions of Code of Criminal Procedure Article
23 880, the defendant may receive credit for time served while participating in the pilot
24 program only with the approval of the sentencing court.
25 (3) Participation in the program does not, in any way, negate nor nullify the
26 bail obligations as set by the court. At any time, a defendant may post a legally
27 sufficient authorized bail and become relieved of all conditions of this program
28 unless those conditions are specifically ordered by the court or by law as a condition
29 of bail.
Page 2 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 705 ENROLLED
1 D.(1) No defendant shall be admitted to the pilot program prior to court
2 approval of the defendant's participation in the pilot program.
3 (2) Notwithstanding any other provision of law to the contrary, the court, at
4 any time on its own motion, may prohibit or terminate a defendant's initial or
5 continued participation in the pilot program.
6 E.(1) The sheriff shall be entitled to collect from the parish governing
7 authority and apply to the funding of the pilot program a sum not less than the per
8 diem fee authorized by R.S. 13:5535(1). In lieu of the per diem, the sheriff may
9 establish a fee which is agreed upon by the parish governing authority and the
10 sheriff. In no event shall those funds be considered surplus funds.
11 (2) In the case of indigent persons who may be eligible to participate in the
12 pilot program, the sheriff shall establish rules and regulations addressing governing
13 participation by indigent defendants.
14 (3) The sheriff may apply for funding and grants from any and all sources
15 he may deem appropriate to develop, design, implement, administer, and evaluate
16 the pilot program.
17 (4) The sheriff may engage in cooperative endeavor agreements with other
18 government agencies or departments and with any nonprofit organization whose
19 mission is compatible with the goals and objectives of the pilot program.
20 F. The sheriff may terminate the participation of any defendant in the pilot
21 program who fails to comply with the terms of participation in the program and
22 require the physical return of any defendant terminated from participation in the
23 program to parish jail or such other facility as the sheriff may deem appropriate for
24 the purpose of continuing his pretrial detention.
25 G. With respect to any defendant in the pilot program, neither the sheriff nor
26 the parish shall be responsible for any medical costs or the provision of medical care,
27 transportation costs or the provision of transportation, housing costs or the provision
28 of housing, food costs or the provision of food, or clothing costs or the provision of
29 clothing to the defendant.
Page 3 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 705 ENROLLED
1 H. Neither the sheriff of Lafourche Parish, nor his deputies and employees,
2 nor the governing authority of Lafourche Parish or its elected or appointed officials,
3 deputies, or employees, nor any party engaged in a cooperative endeavor agreement
4 with the pilot program shall have any liability for the acts of any defendant who is
5 admitted to participation during the time the defendant is participating in the pilot
6 program.
7 Section 2. R.S. 15:571.35.1(I) is hereby repealed in its entirety.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
Page 4 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.