HLS 242ES-15 ORIGINAL
2024 Second Extraordinary Session
HOUSE BILL NO. 11
BY REPRESENTATIVE VILLIO
CRIMINAL/SENTENCING: Provides relative to sanctions for violation of probation or
parole conditions (Item #3)
1 AN ACT
2To amend and reenact Code of Criminal Procedure Articles 893(A)(1)(a) and (4), (B)(3),
3 (G), and (H)(1) through (3), 899.1(A), and 900(A)(6)(b) through (d) and R.S.
4 15:574.7(B)(1), (C), and (D) and 574.9(H) and to repeal Code of Criminal Procedure
5 Article 899.2 and R.S. 15:574.7(E), relative to violations and sanctions for probation
6 and parole supervision; to provide relative to probation time periods; to provide
7 relative to a technical violation of probation or parole; to provide relative to
8 administrative sanctions for violation of probation or parole; to provide relative to
9 revocation of probation or parole; and to provide for related matters.
10Be it enacted by the Legislature of Louisiana:
11 Section 1. Code of Criminal Procedure Articles 893(A)(1)(a) and (4), (B)(3), (G),
12and (H)(1) through (3), 899.1(A), and 900(A)(6)(b) through (d) are hereby amended and
13reenacted to read as follows:
14 Art. 893. Suspension and deferral of sentence and probation in felony cases
15 A.(1)(a) When it appears that the best interest of the public and of the
16 defendant will be served, the court, after a first, second, or third conviction of a
17 noncapital felony, may suspend, in whole or in part, the imposition or execution of
18 either or both sentences, where suspension is allowed under the law, and in either or
19 both cases place the defendant on probation under the supervision of the division of
20 probation and parole. The court shall not suspend the sentence of a second or third
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1 conviction of R.S. 14:73.5. Except as provided in Paragraph Paragraphs G and H of
2 this Article, the period of probation shall be specified and shall not be more than
3 three five years, except as provided by Paragraph H of this Article.
4 * * *
5 (4) Supervised release as provided for by Chapter 3-E of Title 15 of the
6 Louisiana Revised Statutes of 1950 shall not be considered probation and shall not
7 be limited by the five-year or three-year period for probation provided for by the
8 provisions of this Paragraph.
9 B.
10 * * *
11 (3) When suspension is allowed under this Paragraph, the defendant shall be
12 placed on probation under the supervision of the division of probation and parole.
13 If the defendant has been sentenced to complete a specialty court program as
14 provided in Subsubparagraph (2)(b) of this Paragraph, the defendant may be placed
15 on probation under the supervision of a probation office, agency, or officer
16 designated by the court, other than the division of probation and parole of the
17 Department of Public Safety and Corrections. The period of probation shall be
18 specified and shall not be more than three five years, except as provided in Paragraph
19 G of this Article. The suspended sentence shall be regarded as a sentence for the
20 purpose of granting or denying a new trial or appeal.
21 * * *
22 G. If the court, with the consent of the district attorney, orders a defendant
23 to enter and complete a program provided by the drug division of the district court
24 pursuant to R.S. 13:5301, an established driving while intoxicated court or sobriety
25 court program, a mental health court program established pursuant to R.S. 13:5351
26 et seq., a Veterans Court program established pursuant to R.S. 13:5361 et seq., a
27 reentry court established pursuant to R.S. 13:5401, or the Swift and Certain
28 Probation Pilot Program established pursuant to R.S. 13:5371, the court may place
29 the defendant on probation for a period of not more than eight years if the court
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1 determines that successful completion of the program may require that period of
2 probation to exceed the three-year five-year limit. The court may not extend the
3 duration of the probation period solely due to unpaid fees and fines. The period of
4 probation as initially fixed or as extended shall not exceed eight years.
5 H.(1) If a defendant is placed on supervised probation, the division of
6 probation and parole shall submit to the court a compliance report when requested
7 by the court, or when the division of probation and parole deems it necessary to have
8 the court make a determination with respect to "earned compliance credits",
9 modification of terms or conditions of probation, termination of probation,
10 revocation of probation, or other purpose proper under any provision of law.
11 (2) For purposes of this Paragraph:
12 (a) "Compliance" means the full completion of the terms and conditions of
13 probation as imposed by the sentencing judge, except for inability to pay fines, fees,
14 or restitution.
15 (b) "Compliance report" means a report generated and signed by the division
16 of probation and parole that contains clear and concise information relating to the
17 defendant's performance relative to "earned compliance credits", and may contain
18 a recommendation as to early termination.
19 (3) After a review of the compliance report, if it is the recommendation of
20 the division of probation and parole that the defendant is in compliance with the
21 conditions of probation, in accordance with the compliance report, the court shall
22 grant "earned compliance credit" for the time may terminate probation at such time
23 as "satisfactorily completed", absent a showing of cause for a denial.
24 * * *
25 Art. 899.1. Administrative sanctions for technical violations; crimes of violence and
26 sex offenses
27 A. At the time of sentencing for a crime of violence as defined by R.S.
28 14:2(B) or a sex offense as defined by R.S. 15:541, the court may make a
29 determination as to whether a defendant is eligible for the imposition of
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1 administrative sanctions as provided for in this Article. If authorized to do so by the
2 sentencing court, each time a defendant violates a condition of his probation, a
3 probation agency may use administrative sanctions to address a technical violation
4 committed by a defendant when all of the following occur:
5 * * *
6 Art. 900. Violation hearing; sanctions
7 A. After an arrest pursuant to Article 899, the court shall cause a defendant
8 who continues to be held in custody to be brought before it within thirty days for a
9 hearing. If a summons is issued pursuant to Article 899, or if the defendant has been
10 admitted to bail, the court shall set the matter for a violation hearing within a
11 reasonable time. The hearing may be informal or summary. The defendant may
12 choose, with the court's consent, to appear at the violation hearing and stipulate the
13 revocation by simultaneous audio-visual transmission in accordance with the
14 provisions of Article 562. If the court decides that the defendant has violated, or was
15 about to violate, a condition of his probation it may:
16 * * *
17 (6)
18 * * *
19 (b) Notwithstanding the provisions of Subparagraph (5) of this Paragraph,
20 any defendant who has been placed on probation by the court for the conviction of
21 an offense other than a crime of violence as defined in R.S. 14:2(B) or of a sex
22 offense as defined by R.S. 15:541, and who has been determined by the court to have
23 committed a technical violation of his probation, shall may be required to serve a
24 sentence of not more than ninety days, without diminution of sentence, as follows:.
25 (i) For a first technical violation, not more than fifteen days.
26 (ii) For a second technical violation, not more than thirty days.
27 (iii) For a third or subsequent technical violation, not more than forty-five
28 days.
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1 (iv) For a fourth or subsequent violation, the court may order that the
2 probation be revoked, in accordance with Subparagraph (5) of this Paragraph.
3 (v) For custodial substance abuse treatment programs, not more than ninety
4 days.
5 (c) The defendant shall be given credit for time served prior to the revocation
6 hearing for time served in actual custody while being held for a technical violation
7 in a local detention facility, state institution, or out-of-state institution pursuant to
8 Article 880. The term of the revocation for a technical violation shall begin on the
9 date the court orders the revocation. Upon completion of the imposed sentence for
10 the technical revocation, the defendant shall return to active and supervised probation
11 for a period equal to the remainder of the original period of probation subject to any
12 additional conditions imposed by the court. The provisions of this Paragraph shall
13 apply only to the defendant's first revocation for a technical violation.
14 (d) A "technical violation", as used in this Paragraph, means any violation
15 except it shall not include any of the following:
16 (i) An allegation of a criminal act that is subsequently proven to be a felony.
17 Being arrested, charged, or convicted of any of the following:
18 (aa) A felony.
19 (bb) A violation of any provision of Title 40 of the Louisiana Revised
20 Statutes of 1950, except for misdemeanor possession of marijuana or
21 tetrahydrocannabinol, or chemical derivatives thereof, as provided in R.S.
22 40:966(C)(2), which shall be considered a "technical violation".
23 (cc) Any intentional misdemeanor directly affecting the person.
24 (dd) Any criminal act that is a violation of a protective order, pursuant to
25 R.S. 14:79, issued against the offender to protect a family member or household
26 member as defined by R.S. 14:35.3, or dating partner as defined by R.S. 46:2151.
27 (ee) At the discretion of the court, any attempt to commit any intentional
28 misdemeanor directly affecting the person.
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1 (ff) At the discretion of the court, any attempt to commit any other
2 misdemeanor.
3 (ii) An allegation of a criminal act that is subsequently proven to be an
4 intentional misdemeanor directly affecting the person. Being in possession of a
5 firearm or other prohibited weapon.
6 (iii) An allegation of a criminal act that is subsequently proven to be a
7 violation of a protective order, pursuant to R.S. 14:79, issued against the offender to
8 protect a family member or household member as defined by R.S. 14:35.3, or dating
9 partner as defined by R.S. 46:2151. At the discretion of the court, failing to appear
10 at any court hearing.
11 (iv) Being in possession of a firearm or other prohibited weapon.
12 (v) Absconding from the jurisdiction of the court.
13 (v) At the discretion of the court, failing to satisfactorily complete a drug
14 court program if ordered to do so as a special condition of probation.
15 (vi) At the discretion of the court, failing to report to the probation officer
16 for more than one hundred twenty consecutive days.
17 * * *
18 Section 2. R.S. 15:574.7(B)(1), (C), and (D) and 574.9(H) are hereby amended and
19reenacted to read as follows:
20 §574.7. Custody and supervision of parolees; modification or suspension of
21 supervision; violation of conditions of parole; sanctions; alternative
22 conditions; administrative sanctions
23 * * *
24 B.(1) At the time a defendant is released on parole for a crime of violence
25 as defined in R.S. 14:2(B) or a sex offense as defined in R.S. 15:541, the committee
26 on parole may make a determination as to whether a defendant is eligible for the
27 imposition of administrative sanctions as provided for in this Section. If authorized
28 to do so by the committee, each time a parolee violates a condition of parole, a parole
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1 officer may use administrative sanctions to address a technical violation committed
2 by a parolee when all of the following occur:
3 * * *
4 C.(1)Each time a parolee who is on parole for a crime other than a crime of
5 violence as defined in R.S. 14:2(B) or a sex offense as defined in R.S. 15:541
6 violates a condition of parole, a parole officer is authorized to use administrative
7 sanctions to address a technical violation committed by a parolee when all of the
8 following occur:
9 (a) The parolee, after receiving written notification of his right to a hearing
10 before a court and right to counsel, provides a written waiver of a parole violation
11 hearing.
12 (b) The parolee admits to the violation or affirmatively chooses not to
13 contest the violation alleged in the parole violation report.
14 (c) The parolee consents to the imposition of administrative sanctions by the
15 Department of Public Safety and Corrections.
16 (2) The department shall promulgate rules to implement the provisions of
17 this Subsection to establish the following:
18 (a) A system of structured, administrative sanctions which shall be imposed
19 for technical violations of parole and which shall take into consideration the
20 following factors:
21 (i) The severity of the violation behavior.
22 (ii) The prior violation history.
23 (iii) The severity of the underlying criminal conviction.
24 (iv) The criminal history of the parolee.
25 (v) Any special circumstances, characteristics, or resources of the parolee.
26 (vi) Protection of the community.
27 (vii) Deterrence.
28 (viii) The availability of appropriate local sanctions, including but not
29 limited to jail, treatment, community service work, house arrest, electronic
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1 surveillance, restitution centers, work release centers, day reporting centers, or other
2 local sanctions.
3 (ix) Incarceration shall not be used for the lowest-tier violations including
4 the first positive drug test and the first or second violation for the following:
5 (aa) Association with known felons or persons involved in criminal activity.
6 (bb) Changing residence without permission.
7 (cc) Failure to initially report as required.
8 (dd) Failure to pay restitution for up to three months.
9 (ee) Failure to report as instructed.
10 (ff) Traveling without permission.
11 (gg) Occasion of unemployment and failure to seek employment within
12 ninety days.
13 (x) Incarceration shall not be used for first or second violations of alcohol
14 use or admission, except for defendants convicted of operating a vehicle while
15 intoxicated pursuant to R.S. 14:98; defendants convicted of domestic abuse battery
16 pursuant to R.S. 14:35.3 committed by one family member or household member
17 against another; defendants convicted of battery by one dating partner as defined by
18 R.S. 46:2151 against another; or defendants convicted of a violation of a protective
19 order, pursuant to R.S. 14:79, issued against the defendant to protect a family
20 member or household member as defined by R.S. 14:35.3, or a dating partner as
21 defined by R.S. 46:2151.
22 (b) Procedures to provide a parolee with written notice of the right to a
23 parole violation hearing to determine whether the parolee violated the conditions of
24 parole alleged in the violation report and the right to be represented by counsel at
25 state expense at that hearing if financially eligible.
26 (c) Procedures for a parolee to provide written waiver of the right to a parole
27 violation hearing, to admit to the violation or affirmatively choose not to contest the
28 violation alleged in the parole violation report, and to consent to the imposition of
29 administrative sanctions by the department.
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1 (d) The level and type of sanctions that may be imposed by parole officers
2 and other supervisory personnel.
3 (e) The level and type of violation behavior that warrants a recommendation
4 to the board that parole be revoked.
5 (f) Procedures notifying the parolee and the committee on parole of a
6 violation admitted by the parolee and the administrative sanctions imposed.
7 (g) Such other policies and procedures as are necessary to implement the
8 provisions of this Subsection and to provide adequate parole supervision.
9 (3) If the administrative sanction imposed pursuant to the provisions of this
10 Subsection is jail confinement, the confinement shall not exceed ten days per
11 violation and shall not exceed a total of sixty days per year.
12 (4) For purposes of this Subsection, "technical violation" means any
13 violation of a condition of parole, that does not include any of the following:
14 (a) An allegation of a criminal act that is subsequently proven to be a felony.
15 (b) An allegation of a criminal act that is subsequently proven to be an
16 intentional misdemeanor directly affecting the person.
17 (c) An allegation of a criminal act that if proven would be a crime of
18 violence as defined in R.S. 14:2(B).
19 (d) An allegation of a criminal act that if proven would be a sex offense as
20 defined in R.S. 15:541.
21 (e) An allegation of domestic abuse battery pursuant to R.S. 14:35.3
22 committed by one family member or household member against another, or an
23 allegation of battery committed by one dating partner as defined by R.S. 46:2151
24 against another.
25 (f) An allegation of violation of a protective order, pursuant to R.S. 14:79,
26 issued against the offender to protect a family member or household member as
27 defined by R.S. 14:35.3, or a dating partner as defined by R.S. 46:2151.
28 (g) Being in possession of a firearm or other prohibited weapon.
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1 (h) Absconding from the jurisdiction of the court by leaving the state without
2 the prior approval of the committee on parole or the probation and parole officer.
3 D. (1) If the chief probation and parole officer, upon recommendation by a
4 parole officer, has reasonable cause to believe that a parolee has violated the
5 conditions of parole, he shall notify the committee, and shall cause the appropriate
6 parole officer to submit the parolee's record to the committee. After consideration
7 of the record submitted, and after such further investigation as it may deem
8 necessary, the committee may order:
9 * * *
10 E.D. (1) Upon recommendation of the supervising parole officer and
11 approval of the committee on parole, the level of supervision and the fees associated
12 with the supervision of a parolee may be reduced after the parolee has served a
13 minimum of three years without a violation of the terms and conditions of parole for
14 a crime that is not a crime of violence as defined by R.S. 14:2(B) or a sex offense as
15 defined by R.S. 15:541 and a minimum of seven years without a violation of the
16 terms and conditions of parole for a crime that is a crime of violence as defined by
17 R.S. 14:2(B).
18 * * *
19 §574.9. Revocation of parole for violation of condition; committee panels; return
20 to custody hearing; duration of reimprisonment and reparole after revocation;
21 credit for time served; revocation for a technical violation
22 * * *
23 H.(1)(a) Any offender who has been released on parole and who has been
24 determined by the committee on parole to have committed a technical violation of
25 the conditions of parole, shall be required to serve the following sentences:
26 (i) For the first technical violation, not more than fifteen days.
27 (ii) For a second technical violation, not more than thirty days.
28 (iii) For a third technical violation, not more than forty-five days.
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1 (iv) For a fourth or subsequent technical violation, not more than ninety
2 days.
3 (v) For custodial substance abuse treatment programs, not more than ninety
4 days.
5 (b) The sentences imposed pursuant to Subparagraph (a) of this Paragraph
6 shall be served without diminution of sentence. The term of the revocation for the
7 technical violation shall begin on the date the committee on parole orders the
8 revocation. Upon completion of the imposed technical revocation sentence, the
9 offender shall return to active parole supervision for the remainder of the original
10 term of supervision.
11 (c) The offender shall be given credit toward service of his sentence for time
12 spent in actual custody prior to the revocation hearing while being held for a
13 technical violation in a local detention facility, state institution, or out-of-state
14 institution.
15 (d) The provisions of Subparagraph (a) of this Paragraph shall not apply to
16 the following offenders:
17 (i) Any offender released on parole for the conviction of a crime of violence
18 as defined in R.S. 14:2(B).
19 (ii) Any offender released on parole for the conviction of a sex offense as
20 defined in R.S. 15:541.
21 (iii) Any offender released on parole who is subject to the sex offender
22 registration and notification requirements of R.S. 15:541 et seq.
23 (2) A "technical violation", as used in this Subsection, means any violation
24 except it shall not include any of the following:
25 (a) An allegation of a criminal act that is subsequently proven to be a felony.
26 (b) An allegation of a criminal act that is subsequently proven to be an
27 intentional misdemeanor directly affecting the person.
28 (c) An allegation of a criminal act that is subsequently proven to be a
29 violation of a protective order, pursuant to R.S. 14:79, issued against the offender to
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1 protect a household member or family member as defined by R.S. 14:35.3, or dating
2 partner as defined by R.S. 46:2151.
3 (d) Being in possession of a firearm or other prohibited weapon.
4 (e) Absconding from the jurisdiction of the committee on parole by leaving
5 the state without the prior approval of the probation and parole officer.
6 (i) Except as provided in Subparagraph (b) of this Paragraph, any offender
7 who has been released on parole and whose parole supervision is being revoked
8 pursuant to the provisions of this Subsection for a technical violation of the
9 conditions of parole as determined by the committee on parole, shall be required to
10 serve the following sentences:
11 (aa) For the first technical violation, the offender shall serve not more than
12 ninety days.
13 (bb) For a second technical violation, the offender shall serve not more than
14 one hundred twenty days.
15 (cc) For a third or subsequent technical violation, the offender shall serve not
16 more than one hundred eighty days.
17 (ii) Any sentence imposed pursuant to Item (i) of this Subparagraph shall be
18 served without diminution of sentence or credit for time served prior to the
19 revocation for a technical violation. The term of the revocation for the technical
20 violation shall begin on the date the committee on parole orders the revocation. Upon
21 completion of the imposed technical revocation sentence, the offender shall return
22 to active parole supervision for the remainder of the original term of supervision.
23 (b) The provisions of Subparagraph (a) of this Paragraph shall not apply to
24 the following offenders:
25 (i) Any offender released on parole for the conviction of a crime of violence
26 as defined in R.S. 14:2(B).
27 (ii) Any offender released on parole for the conviction of a sex offense as
28 defined in R.S. 15:541.
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1 (iii) Any offender released on parole who is subject to the sex offender
2 registration and notification requirements of R.S. 15:541 et seq.
3 (2) A "technical violation", as used in this Subsection, means any violation
4 except it shall not include any of the following:
5 (a) Being arrested, charged, or convicted of any of the following:
6 (i) A felony.
7 (ii) Any intentional misdemeanor directly affecting the person.
8 (iii) Any criminal act that is a violation of a protective order, pursuant to R.S.
9 14:79, issued against the offender to protect a family member or household member
10 as defined by R.S. 14:35.3, or a dating partner as defined by R.S. 46:2151.
11 (iv) At the discretion of the committee on parole, any attempt to commit any
12 intentional misdemeanor directly affecting the person.
13 (v) At the discretion of the committee on parole, any attempt to commit any
14 other misdemeanor.
15 (b) Being in possession of a firearm or other prohibited weapon.
16 (c) At the discretion of the committee on parole, failing to appear at any
17 court hearing.
18 (d) Absconding from the jurisdiction of the committee on parole.
19 * * *
20 Section 3. Code of Criminal Procedure Article 899.2 and R.S.15:574.7(E) are hereby
21repealed in their entirety.
22 Section 4. The provisions of this Act shall only apply to offenses committed on or
23after August 1, 2024.
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 11 Original 2024 Second Extraordinary Session Villio
Abstract: Provides relative to violations and sanctions pertaining to probation and parole.
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HB NO. 11
Present law (C.Cr.P. Art. 893) provides relative to suspension and deferral of sentence and
probation in felony cases.
Present law (C.Cr.P. Art. 893(A)(1)(a)) provides that when it appears that the best interest
of the public and of the defendant will be served, the court, after a first, second, or third
conviction of a noncapital felony, may suspend, in whole or in part, the imposition or
execution of either or both sentences, where suspension is allowed under the law, and in
either or both cases place the defendant on probation under the supervision of the division
of probation and parole. Further provides that except as provided in present law (C.Cr.P.
Art. 893(G) and (H)), the period of probation shall be specified and shall not be more than
three years.
Proposed law increases the maximum length of the probation period from three years to five
years.
Present law (C.Cr.P. Art. 893(A)(4)) provides that supervised release of sex offenders as
provided in present law (Ch. 3-E of Title 15 of the La Rev. Statutes of 1950) shall not be
considered probation and shall not be limited by the five-year or three-year period for
probation provided for by the provisions of present law.
Proposed law removes the reference to a three-year period of probation.
Present law (C.Cr.P. Art. 893(B)(3)) provides that when suspension is allowed under present
law, the defendant shall be placed on probation under the supervision of the division of
probation and parole. Further provides that if the defendant has been sentenced to complete
a specialty court program as provided in present law, the defendant may be placed on
probation under the supervision of a probation office, agency, or officer designated by the
court, other than the division of probation and parole of the DPS&C. Further provides that
this period of probation shall be specified and shall not be more than three years, except as
provided in present law (C.Cr.P. Art. 893(G)).
Proposed law increases the maximum term of probation from three years to five years.
Present law (C.Cr.P. Art. 893(G)) provides that if the court, with the consent of the district
attorney, orders a defendant to enter and complete a program provided by the drug division
of the district court pursuant to present law (R.S. 13:5301), an established driving while
intoxicated court or sobriety court program, a mental health court program established
pursuant to present law (R.S. 13:5351 et seq.), a Veterans Court program established
pursuant to present law (R.S. 13:5361 et seq.), a reentry court established pursuant to present
law (R.S. 13:5401), or the Swift and Certain Probation Pilot Program established pursuant
to present law (R.S. 13:5371), the court may place the defendant on probation for a period
of not more than eight years if the court determines that successful completion of the
program may require that period of probation to exceed the three-year limit. Further
provides that the court may not extend the duration of the probation period solely due to
unpaid fees and fines.
Proposed law increases the maximum term of probation from three years to five years.
Further removes the provision that prohibits the court from extending the duration of the
probation period solely due to unpaid fees and fines.
Present law (C.Cr.P. Art. 893(H)(1)) provides that if a defendant is placed on supervised
probation, the division of probation and parole shall submit to the court a compliance report
when requested by the court, or when the division of probation and parole deems it necessary
to have the court make a determination with respect to "earned compliance credits",
modification of terms or conditions of probation, termination of probation, revocation of
probation, or other purpose proper under any provision of law.
Proposed law removes the reference to "earned compliance credits".
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HB NO. 11
Present law (C.Cr.P. Art. 893(H)(2)) provides for the following definitions:
(1)"Compliance" means the full completion of the terms and conditions of probation as
imposed by the sentencing judge, except for inability to pay fines, fees, or restitution.
(2)"Compliance report" means a report generated and signed by the division of
probation and parole that contains clear and concise information relating to the
defendant's performance relative to "earned compliance credits", and may contain
a recommendation as to early termination.
Proposed law removes the reference to "earned compliance credits".
Present law (C.Cr.P. Art. 893(H)(3)) provides that after a review of the compliance report,
if it is the recommendation of the division of probation and parole that the defendant is in
compliance with the conditions of probation, in accordance with the compliance report, the
court shall grant "earned compliance credit" for the time, absent a showing of cause for a
denial.
Proposed law removes the mandatory grant of an "earned compliance credit" and provides
that the court may terminate probation at such time as "satisfactorily completed", absent a
showing of cause for a denial.
Present law (C.Cr.P. Art. 899.1(A)) provides that at the time of sentencing for a crime of
violence as defined by present law (R.S. 14:2(B)) or a sex offense as defined by present law
(R.S. 15:541), the court may make a determination as to whether a defendant is eligible for
the imposition of administrative sanctions as provided in present law (C.Cr.P. Art. 899.1(A).
Proposed law expands the court's determination of eligibility for administrative sanctions
for technical violations of probation to all offenses rather than only crimes of violence or sex
offenses.
Present law (C.Cr.P. Art. 900) provides for the violation hearing and sanctions when a
defendant has been arrested for a violation of probation.
Present law (C.Cr.P. Art. 900(A)(6)(b)) provides that any defendant who has been placed
on probation by the court for the conviction of an offense other than a crime of violence as
defined in present law (R.S. 14:2(B)) or of a sex offense as defined by present law (R.S.
15:541), and who has been determined by the court to have committed a technical violation
of his probation, may be required to serve, without diminution of sentence, as follows:
(1)For a first technical violation, not more than 15 days.
(2)For a second technical violation, not more than 30 days.
(3)For a third or subsequent technical violation, not more than 45 days.
(4)For a fourth or subsequent violation, the court may order that the probation be
revoked, in accordance with present law.
(5)For custodial substance abuse treatment programs, not more than 90 days.
Proposed law removes the tiered sentencing and provides that the sentence for a technical
violation of probation may be not more than 90 days without diminution of sentence.
Present law (C.Cr.P. Art. 900(A)(6)(c)) provides that the defendant shall be given credit for
time served prior to the revocation hearing for time served in actual custody while being held
for a technical violation in a local detention facility, state institution, or out-of-state
institution pursuant to present law (C.Cr.P. Art. 880). Further provides that the term of the
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revocation for a technical violation shall begin on the date the court orders the revocation
and that upon completion of the imposed sentence for the technical revocation, the defendant
shall return to active and supervised probation for a period equal to the remainder of the
original period of probation subject to any additional conditions imposed by the court.
Proposed law retains present law and provides that the provisions of present law (C.Cr.P.
Art. 900(A)) shall apply only to the defendant's first revocation for a technical violation.
Present law (C.Cr.P. Art. 900(A)(6)(d)(i)) provides that a technical violation of probation
shall not include an allegation of a criminal act that is subsequently proven to be a felony.
Proposed law changes present law to provide that a technical violation of probation shall not
include being arrested, charged, or convicted of any of the following offenses:
(1)A felony.
(2)A violation of any provision of present law (Title 40 of the La. Rev. Statutes of
1950), except for misdemeanor possession of marijuana or tetrahydrocannabinol, or
chemical derivatives thereof, as provided in present law (R.S. 40:966(C)(2)), which
shall be considered a "technical violation".
(3)Any intentional misdemeanor directly affecting the person.
(4)Any criminal act that is a violation of a protective order, pursuant to present law
(R.S. 14:79), issued against the offender to protect a family member or household
member as defined by present law (R.S. 14:35.3), or dating partner as defined by
present law (R.S. 46:2151).
(5)At the discretion of the court, any attempt to commit any intentional misdemeanor
directly affecting the person.
(6)At the discretion of the court, any attempt to commit any other misdemeanor.
Present law (C.Cr.P. Art. 900(A)(6)(d)(ii)) provides that a technical violation of probation
shall not include an allegation of a criminal act that is subsequently proven to be an
intentional misdemeanor directly affecting the person.
Proposed law changes present law to provide that a technical violation of probation shall not
include being in possession of a firearm or other prohibited weapon.
Present law (C.Cr.P. Art. 900(A)(6)(d)(iii)) provides that a technical violation of probation
shall not include an allegation of a criminal act that is subsequently proven to be a violation
of a protective order, pursuant to present law (R.S. 14:79), issued against the offender to
protect a family member or household member as defined by present law (R.S. 14:35.3), or
dating partner as defined by present law (R.S. 46:2151).
Proposed law changes present law to provide that a technical violation of probation shall not
include failing to appear at any court hearing.
Present law (C.Cr.P. Art. 900(A)(6)(d)(iv)) provides that a technical violation of probation
shall not include being in possession of a firearm or other prohibited weapon.
Present law (C.Cr.P. Art. 900(A)(6)(d)(v)) provides that a technical violation of probation
shall not include absconding from the jurisdiction of the court. Proposed law provides that,
at the discretion of the court, failing to satisfactorily complete a drug court program if
ordered to do so as a special condition of probation shall not be considered a technical
violation of probation.
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Proposed law provides that at the discretion of the court, failing to report to the probation
officer for more than 120 consecutive days shall not be considered a technical violation of
probation.
Present law (R.S. 15:574.7(B)(1)) provides that at the time a defendant is released on parole
for a crime of violence as defined in present law (R.S. 14:2(B)) or a sex offense as defined
in present law (R.S. 15:541), the committee on parole may make a determination as to
whether a defendant is eligible for the imposition of administrative sanctions as provided in
present law (R.S. 15:574.7).
Proposed law amends present law to expand the court's determination of eligibility for
administrative sanctions for technical violations of parole to all offenses rather than only
crimes of violence or sex offenses.
Present law (R.S. 15:574.7(C)) provides that each time a parolee who is on parole for a
crime other than a crime of violence as defined in present law (R.S. 14:2(B)) or a sex offense
as defined in present law (R.S. 15:541) violates a condition of parole, a parole officer is
authorized to use administrative sanctions to address a technical violation committed by a
parolee when all of the following occur:
(1)The parolee, after receiving written notification of his right to a hearing before a
court and right to counsel, provides a written waiver of a parole violation hearing.
(2)The parolee admits to the violation or affirmatively chooses not to contest the
violation alleged in the parole violation report.
(3)The parolee consents to the imposition of administrative sanctions by the DPS&C.
Present law further provides that DPS&C shall promulgate rules to implement the provisions
of present law to establish the following:
(1)A system of structured, administrative sanctions which shall be imposed for
technical violations of parole and which shall take into consideration the following
factors:
(a)The severity of the violation behavior.
(b)The prior violation history.
(c)The severity of the underlying criminal conviction.
(d)The criminal history of the parolee.
(e)Any special circumstances, characteristics, or resources of the parolee.
(f)Protection of the community.
(g)Deterrence.
(h)The availability of appropriate local sanctions, including but not limited to
jail, treatment, community service work, house arrest, electronic surveillance,
restitution centers, work release centers, day reporting centers, or other local
sanctions.
(i)Incarceration shall not be used for the lowest-tier violations including the
first positive drug test and the first or second violation for the following:
(i)Association with known felons or persons involved in criminal activity.
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(ii)Changing residence without permission.
(iii)Failure to initially report as required.
(iv)Failure to pay restitution for up to three months.
(v)Failure to report as instructed.
(vi)Traveling without permission.
(vii) Occasion of unemployment and failure to seek employment within 90 days.
(j)Incarceration shall not be used for first or second violations of alcohol use or
admission, except for defendants convicted of operating a vehicle while
intoxicated pursuant to R.S. 14:98; defendants convicted of domestic abuse
battery pursuant to R.S. 14:35.3 committed by one family member or
household member against another; defendants convicted of battery by one
dating partner as defined by R.S. 46:2151 against another; or defendants
convicted of a violation of a protective order, pursuant to R.S. 14:79, issued
against the defendant to protect a family member or household member as
defined by R.S. 14:35.3, or a dating partner as defined by R.S. 46:2151.
(2)Procedures to provide a parolee with written notice of the right to a parole violation
hearing to determine whether the parolee violated the conditions of parole alleged
in the violation report and the right to be represented by counsel at state expense at
that hearing if financially eligible.
(3)Procedures for a parolee to provide written waiver of the right to a parole violation
hearing, to admit to the violation or affirmatively choose not to contest the violation
alleged in the parole violation report, and to consent to the imposition of
administrative sanctions by the department.
(4)The level and type of sanctions that may be imposed by parole officers and other
supervisory personnel.
(5)The level and type of violation behavior that warrants a recommendation to the board
that parole be revoked.
(6)Procedures notifying the parolee and the committee on parole of a violation admitted
by the parolee and the administrative sanctions imposed.
(7) Such other policies and procedures as are necessary to implement the provisions of
present law and to provide adequate parole supervision.
Present law provides that if the administrative sanction imposed pursuant to present law is
jail confinement, the confinement shall not exceed 10 days per violation and shall not exceed
a total of 60 days per year.
Present law provides that "technical violation" means any violation of a condition of parole,
that does not include any of the following:
(1)An allegation of a criminal act that is subsequently proven to be a felony.
(2)An allegation of a criminal act that is subsequently proven to be an intentional
misdemeanor directly affecting the person.
(3)An allegation of a criminal act that if proven would be a crime of violence as defined
in present law (R.S. 14:2(B)).
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(4)An allegation of a criminal act that if proven would be a sex offense as defined in
present law (R.S. 15:541).
(5)An allegation of domestic abuse battery pursuant to present law (R.S. 14:35.3)
committed by one family member or household member against another, or an
allegation of battery committed by one dating partner as defined by present law (R.S.
46:2151) against another.
(6)An allegation of violation of a protective order, pursuant to present law (R.S. 14:79),
issued against the offender to protect a family member or household member as
defined by present law (R.S. 14:35.3), or a dating partner as defined by present law
(R.S. 46:2151).
(7)Being in possession of a firearm or other prohibited weapon.
(8)Absconding from the jurisdiction of the court by leaving the state without the prior
approval of the committee on parole or the probation and parole officer.
Proposed law removes these provisions of present law.
Present law (R.S. 15:574.7(E)) provides that upon recommendation of the supervising parole
officer and approval of the committee on parole, the level of supervision and the fees
associated with the supervision of a parolee may be reduced after the parolee has served a
minimum of three years without a violation of the terms and conditions of parole for a crime
that is not a crime of violence as defined by present law (R.S. 14:2(B)) and a minimum of
seven years without a violation of the terms and conditions of parole for a crime that is a
crime of violence as defined by present law (R.S. 14:2(B)).
Proposed law amends present law to provide that three-year minimum period shall not
include a crime that is sex offense as defined by present law (R.S. 15:541).
Present law (R.S. 15:574.9(H)) provides that any offender who has been released on parole
and who has been determined by the committee on parole to have committed a technical
violation of the conditions of parole, shall be required to serve the following sentences:
(1)For the first technical violation, not more than 15 days.
(2)For a second technical violation, not more than 30 days.
(3)For a third technical violation, not more than 45 days.
(4)For a fourth or subsequent technical violation, not more than 90 days.
(5)For custodial substance abuse treatment programs, not more than 90 days.
Present law provides that the sentences imposed pursuant to present law shall be served
without diminution of sentence. Further provides that the term of the revocation for the
technical violation shall begin on the date the committee on parole orders the revocation and
that upon completion of the imposed technical revocation sentence, the offender shall return
to active parole supervision for the remainder of the original term of supervision.
Present law provides that the offender shall be given credit toward service of his sentence
for time spent in actual custody prior to the revocation hearing while being held for a
technical violation in a local detention facility, state institution, or out-of-state institution.
Present law does not apply to the following offenders:
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(1)Any offender released on parole for the conviction of a crime of violence as defined
in present law (R.S. 14:2(B)).
(2)Any offender released on parole for the conviction of a sex offense as defined in
present law (R.S. 15:541).
(3)Any offender released on parole who is subject to the sex offender registration and
notification requirements of present law (R.S. 15:541 et seq).
Present law provides that a "technical violation", as used in present law, means any violation
except it shall not include any of the following:
(1)An allegation of a criminal act that is subsequently proven to be a felony.
(2)An allegation of a criminal act that is subsequently proven to be an intentional
misdemeanor directly affecting the person.
(3)An allegation of a criminal act that is subsequently proven to be a violation of a
protective order, pursuant to present law (R.S. 14:79), issued against the offender to
protect a household member or family member as defined by present law (R.S.
14:35.3), or dating partner as defined by present law (R.S. 46:2151).
(4)Being in possession of a firearm or other prohibited weapon.
(5)Absconding from the jurisdiction of the committee on parole by leaving the state
without the prior approval of the probation and parole officer.
Proposed law amends present law to provide that any offender who has been released on
parole and whose parole supervision is being revoked pursuant to proposed law for a
technical violation of the conditions of parole as determined by the committee on parole,
shall be required to serve the following sentences:
(1)For the first technical violation, the offender shall serve not more than 90 days.
(2)For a second technical violation, the offender shall serve not more than 120 days.
(3)For a third or subsequent technical violation, the offender shall serve not more than
180 days.
Proposed law provides that any sentence imposed pursuant to proposed law shall be served
without diminution of sentence or credit for time served prior to the revocation for a
technical violation. Further provides that the term of the revocation for the technical
violation shall begin on the date the committee on parole orders the revocation and upon
completion of the imposed technical revocation sentence, the offender shall return to active
parole supervision for the remainder of the original term of supervision.
Proposed law provides that the provisions of proposed law shall not apply to the following
offenders:
(1)Any offender released on parole for the conviction of a crime of violence as defined
in present law (R.S. 14:2(B)).
(2)Any offender released on parole for the conviction of a sex offense as defined in
present law (R.S. 15:541).
(3)Any offender released on parole who is subject to the sex offender registration and
notification requirements of present law (R.S. 15:541 et seq).
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Proposed law provides that a "technical violation", as used in proposed law, means any
violation except it shall not include any of the following:
(1)Being arrested, charged, or convicted of any of the following:
(a)A felony.
(b)Any intentional misdemeanor directly affecting the person.
(c)Any criminal act that is a violation of a protective order, pursuant to present
law (R.S. 14:79), issued against the offender to protect a family member or
household member as defined by present law (R.S. 14:35.3), or dating
partner as defined by present law (R.S. 46:2151).
(d)At the discretion of the committee on parole, any attempt to commit any
intentional misdemeanor directly affecting the person.
(e)At the discretion of the committee on parole, any attempt to commit any
other misdemeanor.
(2)Being in possession of a firearm or other prohibited weapon.
(3)At the discretion of the committee on parole, failing to appear at any court hearing.
(4)Absconding from the jurisdiction of the committee on parole.
Present law (C.Cr.P. Art. 899.2) provides for administrative sanctions for technical
violations of probation for offenses other than crimes of violence or sex offenses.
Proposed law repeals present law.
Proposed law shall only apply to offenses committed on or after Aug. 1, 2024.
(Amends C.Cr.P. Arts. 893(A)(1)(a) and (4), (B)(3), (G), and (H)(1)-(3), 899.1(A), and
900(A)(6)(b)-(d) and R.S. 15:574.7(B)(1), (C), and (D) and 574.9(H); Repeals C.Cr.P. Art.
899.2 and R.S. 15:574.7 (E))
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