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 556 Reengrossed 2023 Regular Session Davis
Abstract: Provides relative to policies and procedures of DPS&C for electronic monitoring
equipment.
Present law (R.S. 14:110.2) provides for the crime of tampering with electronic monitoring
equipment and provides for penalties.
Proposed law retains present law, but adds an additional penalty of a fine of not more than $1,000
and imprisonment at hard labor for not more than one year for an offender who violates present law
after being released pursuant to a bail undertaking for a felony crime of violence enumerated or
defined in present law (R.S. 14:2(B)).
Present law (R.S. 15:571.36) requires DPS&C to develop written policies and procedures in the
manner provided in Administrative Procedure Act (APA) for the promulgation of a rule governing
the availability, storage, and use of electronic monitoring equipment.
Present law requires these policies and procedures to include the following criteria:
(1)Secure storage.
(2)Timely visual inspection of equipment worn by the monitored individual.
(3)A master listing and inventory.
(4)Availability of at least one complete backup unit for a number of specified units.
(5)Responses to system malfunctions.
(6)Restricted password access to authorized staff.
(7)Maintenance and cleaning of equipment.
Proposed law retains present law, specifies that the policies and procedures be pursuant to the APA,
and adds the following criteria:
(1)Location accuracy for the indoor, outdoor, and on-demand location of a monitored
individual. Also provides for the ability to provide a monitored offender's location accuracy within three minutes of a request.
(2)Development of zoning capabilities for inclusion and exclusion zones.
(3)Timely alert notifications from the office of technology services to an authorizing judge or
law enforcement agency for all of the following:
(a)The tampering of the electronic monitoring equipment and the ability to provide an
alert of this violation within three minutes of the violation.
(b)The presence of the electronic monitoring equipment in an exclusion zone and the
ability to provide an alert of this violation within four minutes of the violation.
(c)Low battery alert prior to the complete discharge of the battery within the electronic
monitoring equipment.
(4)Simultaneous access to an authorizing judge or law enforcement agency for all monitoring
records of an electronic monitoring provider.
(5)Coordination and development of a statewide system for the use of global position system
monitoring and other electronic methods of monitoring as an alternative to incarceration for
the following circumstances:
(a)Before trial.
(b)After trial.
(c)In cases where the defendant has a mental illness or an intellectual disability.
(6)Development of guidelines and criteria for contracts between a local government and a
person or entity who provides electronic monitoring services.
(7)Development and maintenance of a centralized registry that can assist the state in the
collection of the following data:
(a)The number of persons who are electronically monitored by jurisdiction.
(b)The number of violations that occur within each jurisdiction.
Proposed law provides that when an individual has been placed under electronic monitoring, the
provider of the electronic monitoring service shall, by noon of the following day, provide law
enforcement agencies within the appropriate jurisdiction all of the following information:
(1)The name and any aliases used by the monitored individual. (2)The physical address or addresses of residence of the monitored individual.
(3)The name and physical address of place of employment. Further provides that if the
monitored individual does not have a fixed place of employment, he shall provide
information with as much specificity as possible regarding the places where he works,
including but not limited to travel routes used by the monitored offender.
(4)The pending criminal charges against the monitored individual.
(5)The reason why the monitored individual has been placed under electronic monitoring.
Proposed law provides that after an individual has been placed under electronic monitoring, the court
exercising jurisdiction over the monitored individual shall report the information provided in
proposed law to all law enforcement agencies within its jurisdiction.
Proposed law provides that any provider of an electronic monitoring service who intentionally
withholds or intentionally fails to timely report information as required by proposed law shall be
subject to a civil fine of not more than $1,000 and shall be prohibited from conducting business in
this state.
Proposed law provides that the attorney general shall have the authority to pursue the civil fine
imposed pursuant to proposed law and may institute any civil action to prohibit any violator of
proposed law from conducting business in this state for a period of five years.
Proposed law provides that any person or entity who provides electronic monitoring services for the
purpose of supervising accused or convicted offenders in this state shall register with the DPS&C
no later than Jan. 1, 2024.
Proposed law provides that no person or entity shall provide electronic monitoring services in this
state without having first complied with the registration requirements as provided in proposed law.
Further provides that the application for registration shall be submitted on forms provided by the
DPS&C and shall contain all the information required by such forms and any accompanying
instructions.
Proposed law provides that the DPS&C shall suspend or revoke the approval of a person or entity
who provides electronic monitoring services in this state at any time the department determines that
the person or entity has violated the provisions of proposed law.
(Amends R.S. 14:110.2(B); Adds R.S. 15:571.36(8)-(14),(B), and (C) and 835)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill: 1. Make technical changes.
2. Relative to the present law crime of "tampering with electronic monitoring equipment",
create a new penalty provision consisting of a fine of not more than $1,000 and
imprisonment at hard labor not more than one year for any offender who violates present
law after being released pursuant to a bail undertaking for a felony crime of violence
enumerated or defined in present law (R.S. 14:2(B)).
3. Clarify that the policies and procedures governing the availability, storage, and use of
electronic monitoring equipment shall include alert notifications from the office of
technology services to an authorizing judge of law enforcement agency.
4. Provide for additional policies and procedures.
5. Provide for a reporting requirement for electronic monitoring service providers and the
court exercising jurisdiction over the monitored individual.
6. Establish a civil fine of not more than $1,000 for electronic monitoring service providers
who intentionally withhold or intentionally fail to timely report information required by
proposed law and prohibit any violators from conducting business in La.
7. Require all providers who provide electronic monitoring services in Louisiana to register
with DPS&C.
8. Require DPS&C to suspend or revoke the approval of a electronic monitoring service
provider at any time the department determines that the provider has intentionally
withheld or intentionally failed to timely report information required by proposed law.
The House Floor Amendments to the engrossed bill:
1. Make technical changes.
2. Prohibit a violator from registering to provide electronic monitoring services for five
years.
3. Provide that the attorney general shall have the authority to pursue the civil fine imposed
pursuant to proposed law.
4. Provide that attorney general may institute any civil action to prohibit any violator of
proposed law from conducting business in the state.
5. Clarify that DPS&C's written policies and procedures governing the availability, storage,
and use of electronic monitoring equipment are to be developed in the manner provided
in Administrative Procedure Act (APA) for the promulgation of a rule.