HLS 19RS-453 ORIGINAL
2019 Regular Session
HOUSE BILL NO. 386
BY REPRESENTATIVE HILFERTY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
JUVENILE PROCEDURE: Provides relative to the release of a child taken into custody for
commission of a delinquent act
1 AN ACT
2To amend and reenact Children's Code Article 817(A), relative to release of a child from
3 custody; to provide relative to the release of a child who is taken into custody for
4 commission of a delinquent act; to require the court to consider certain information
5 in determining whether release of the child is appropriate; and to provide for related
6 matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. Children's Code Article 817(A) is hereby amended and reenacted to read
9as follows:
10 Art. 817. Release from custody
11 A. As soon as practicable after a child is received by a juvenile detention
12 center or shelter care facility, the court or a probation officer employed and
13 authorized by the court, upon determining it to be appropriate, shall release the child
14 to the care of his parents or other relatives upon their written promise to bring him
15 to court at such times as may be fixed by the court. In determining whether release
16 of the child is appropriate, the court or the probation officer authorized by the court
17 shall consider the child's prior delinquency record; whether the child has previously
18 committed, or has engaged in a pattern of activity involving, the same or a similar
19 delinquent act for which the child is currently in custody; and whether the instant or
20 any prior delinquent act committed by the child involves a firearm or is based upon
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-453 ORIGINAL
HB NO. 386
1 an offense against the person of another. The If the court determines that release of
2 the child is appropriate, the court may also impose reasonable restrictions upon the
3 child's travel, place of abode, association with other people, or employment during
4 the period of this release.
5 * * *
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 386 Original 2019 Regular Session Hilferty
Abstract: When a child has been taken into custody for the commission of a delinquent act,
requires the court to consider prior delinquent acts committed by the child when
determining whether release of the child is appropriate.
Present law provides that if a child is taken into custody without a court order or warrant,
the officer shall have the responsibility to either:
(1)Counsel and release the child to the care of his parents upon their written promise to
bring the child to court at such time as may be fixed by the court.
(2)Promptly escort the child to the appropriate shelter care facility or juvenile detention
center.
Present law further provides that as soon as practicable after a child is received by a juvenile
detention center or shelter care facility, the court or a probation officer employed and
authorized by the court, upon determining it to be appropriate, shall release the child to the
care of his parents or other relatives upon their written promise to bring him to court at such
times as may be fixed by the court.
Proposed law retains present law and requires the court or the probation officer authorized
by the court, in determining whether release of the child is appropriate, to consider the
child's prior delinquency record; whether the child has previously committed, or has engaged
in a pattern of activity involving, the same or a similar delinquent act for which the child is
currently in custody; and whether the instant or any prior delinquent act committed by the
child involves a firearm or is based upon an offense against the person of another.
(Amends Ch.C. Art. 817(A))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.