ENROLLED
ACT No. 98
2020 Regular Session
HOUSE BILL NO. 77
BY REPRESENTATIVE DEVILLIER
1 AN ACT
2 To enact Subpart (2) of Part II of Chapter 5 of Title 15 of the Louisiana Revised Statutes of
3 1950, to be comprised of R.S. 15:574.14, and Code of Criminal Procedure Article
4 895(P), relative to supervision of persons on probation or parole; to provide relative
5 to the reporting requirements of persons on probation or parole; to authorize the use
6 of certain technology to comply with reporting requirements; to provide certain
7 specifications for the technology; to provide relative to when the technology may be
8 used; to authorize the Department of Public Safety and Corrections to promulgate
9 certain rules; and to provide for related matters.
10 Be it enacted by the Legislature of Louisiana:
11 Section 1. Subpart (2) of Part II of Chapter 5 of Title 15 of the Louisiana Revised
12 Statutes of 1950, comprised of R.S. 15:574.14, is hereby enacted to read as follows:
13 (2) PAROLEE SUPERVISION
14 ยง574.14. Required reporting of parolees; alternative to in-person meetings
15 A. A probation and parole officer who supervises a parolee shall schedule
16 meetings, which are required as a condition of an individual's release, at such times
17 and locations that take into consideration and accommodate the work schedule of a
18 parolee who is employed by another person or entity.
19 B. To comply with the provisions of Subsection A of this Section, in lieu of
20 requiring the parolee to appear in-person for the required reporting or meetings, the
21 probation and parole officer may utilize technology portals, including cellular
22 telephone and other electronic communication devices, that allow simultaneous voice
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1 and video communication in real time between the parolee and the probation and
2 parole officer. Such technology may also be used for required reporting or meetings
3 of a parolee who is self-employed at the discretion of the parolee's probation and
4 parole officer and in accordance with any rules promulgated by the Department of
5 Public Safety and Corrections pursuant to this Section.
6 C. The Department of Public Safety and Corrections shall promulgate rules
7 in accordance with the Administrative Procedure Act to implement the provisions
8 of this Section. The rules promulgated by the department pursuant to this Section
9 shall include but are not limited to minimum standards and guidelines for the
10 authorized technology and how it may be used as well as standards for determining
11 the eligibility and suitability of parolees to meet their reporting requirements through
12 the use of such technology. The eligibility and suitability standards shall include
13 consideration of the severity of the parolee's underlying criminal conviction and the
14 parolee's criminal history, supervision level, and past supervision history.
15 Section 2. Code of Criminal Procedure Article 895(P) is hereby enacted to read as
16 follows:
17 Art. 895. Conditions of probation
18 * * *
19 P.(1) When a defendant who is on probation is employed by another person
20 or entity, the probation officer who supervises the defendant shall schedule meetings,
21 which are required as a condition of the defendant's probation, at such times and
22 locations that take into consideration and accommodate the work schedule of the
23 defendant.
24 (2) To comply with the provisions of Subparagraph (1) of this Paragraph, in
25 lieu of requiring the defendant to appear in-person for the required reporting or
26 meetings, the probation officer may utilize technology portals, including cellular
27 telephone and other electronic communication devices, that allow simultaneous voice
28 and video communication in real time between the defendant and the probation
29 officer. Such technology may also be used for required reporting or meetings of a
30 defendant on probation who is self-employed at the discretion of the defendant's
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1 probation officer and in accordance with any rules promulgated by the Department
2 of Public Safety and Corrections pursuant to this Paragraph.
3 (3) The Department of Public Safety and Corrections shall promulgate rules
4 in accordance with the Administrative Procedure Act to implement the provisions
5 of this Paragraph. The rules promulgated by the department pursuant to this
6 Paragraph shall include but are not limited to minimum standards and guidelines for
7 the authorized technology and how it may be used as well as standards for
8 determining the eligibility and suitability of defendants on probation to meet their
9 reporting requirements through the use of such technology. The eligibility and
10 suitability standards shall include consideration of the severity of the defendant's
11 underlying criminal conviction, criminal history, supervision level, and past
12 supervision history.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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