GREEN SHEET REDIGEST
HB 11 2024 Second Extraordinary Session Villio
CRIMINAL/SENTENCING : Provides relative to sanctions for violation of probation
or parole conditions (Item #3)
DIGEST
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.
Page 1 of 9
Prepared by Jonathon Wagner. 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".
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.
Page 2 of 9
Prepared by Jonathon Wagner. 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
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,
Page 3 of 9
Prepared by Jonathon Wagner. 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.
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:
Page 4 of 9
Prepared by Jonathon Wagner. (i)Association with known felons or persons involved in criminal
activity.
(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
probation that may be addressed by an administrative sanction authorized by the court
pursuant to present law (C.Cr.P. Art. 899.1).
Proposed law provides that, unless deemed by the court when its discretion is permitted,
none of the following shall be considered a technical violation nor addressed by
administrative sanctions:
(1)An allegation of a criminal act that is subsequently proven to be a felony.
Page 5 of 9
Prepared by Jonathon Wagner. (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)).
(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 the three-year minimum period shall not
include a crime that is a 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.
Page 6 of 9
Prepared by Jonathon Wagner. Present law does 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).
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).
Page 7 of 9
Prepared by Jonathon Wagner. Proposed law provides that a "technical violation", as used in proposed law, means any
violation of a condition of parole that may be addressed by an administrative sanction
authorized by the committee on parole pursuant to present law (R.S. 15:547.7).
Proposed law provides that, unless deemed by the committee on parole when its discretion
is permitted, none of the following shall be considered a technical violation nor addressed
by administrative sanctions:
(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)(introductory paragraph), (C), and (D) and
574.9(H); repeals C.Cr.P. Art. 899.2 and R.S. 15:574.7 (E))
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 probation, clarify what is and is not a technical violation that may be
addressed by an administrative sanction authorized by the court pursuant to
present law.
3. Relative to parole, clarify what is and is not a technical violation that may be
addressed by an administrative sanction authorized by the committee on parole
pursuant to present law.
Page 8 of 9
Prepared by Jonathon Wagner. The House Floor Amendments to the engrossed bill:
1. Make technical changes.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
reengrossedreengrossed bill
1. Make technical changes.
Page 9 of 9
Prepared by Jonathon Wagner.