HLS 25RS-161 ORIGINAL
2025 Regular Session
HOUSE BILL NO. 244
BY REPRESENTATIVE KERNER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CORRECTIONS: Provides relative to electronic monitoring
1 AN ACT
2To amend and reenact R.S. 15:571.36 and to repeal R.S. 15:835, relative to electronic
3 monitoring; to provide for definitions; to provide for the promulgation of rules and
4 procedures; to provide for duties of electronic monitoring service providers and
5 manufacturers; to provide for the creation of a management system for monitored
6 individuals; to provide for the submission of information; to provide for the duties
7 of the Department of Public Safety and Corrections, probation and parole services;
8 to provide for a prohibition; to provide for a penalty; to provide relative to the
9 development of guidelines; and to provide for related matters.
10Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 15:571.36 is hereby amended and reenacted to read as follows:
12 ยง571.36. Electronic monitoring; equipment; certification and registration of
13 providers; promulgation of rules; requirements; prohibitions
14 A. For the purposes of this Section, the following terms shall have the
15 following meanings:
16 (1) "Department" means the Department of Public Safety and Corrections,
17 probation and parole services.
18 (2) "Manufacturer" means any person or entity who designs, produces, or
19 distributes any device or system that is used for the purpose of electronic monitoring
20 services within this state.
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1 (3) "Provider" means any person or entity who renders electronic monitoring
2 services for the purpose of monitoring, tracking, or supervising pretrial or
3 post-conviction persons within this state.
4 (4) "System" means the Monitored Individual Management System.
5 B. The Department of Public Safety and Corrections, corrections services,
6 probation and parole services and the office of state police, and the Louisiana
7 Commission on Law Enforcement and Administration of Criminal Justice shall
8 develop written policies and procedures in the manner provided in the
9 Administrative Procedure Act for the promulgation of rules governing mandatory
10 requirements all of the following:
11 (1) The certification standards and registration requirements for electronic
12 monitoring service providers and manufacturers, including who render such services
13 in this state.
14 (2) Mandatory requirements that include the availability, storage, use of, and
15 operational capacity for electronic monitoring equipment utilized for pretrial,
16 post-conviction, or monitoring, which shall include all of the following
17 requirements:
18 (1) (a) Secure storage, making equipment inaccessible to a monitored
19 individual.
20 (2) (b) Visual inspection of equipment worn by the monitored individual to
21 determine its condition not less than once per month.
22 (3) (c) A master listing and inventory.
23 (4) (d) Availability of at least one complete backup unit for every twenty-
24 five units in use.
25 (5) (e) Responses to system malfunctions.
26 (6) (f) Restricted password access to authorized staff of base station
27 hardware.
28 (7) (g) Maintenance and cleaning of equipment.
29 (8) (h) Location accuracy of a monitored individual for all of the following:
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1 (a) (i) The indoor location of a monitored individual.
2 (b) (ii) The outdoor location of a monitored individual.
3 (c) (iii) On-demand location, which is the most recent location of a
4 monitored individual, and the ability to provide this location accuracy within three
5 minutes of a request.
6 (9) (i) Development of zoning capabilities for both of the following:
7 (a) (i) Inclusion zones, which are geographic areas where a monitored
8 individual is scheduled to be.
9 (b) (ii) Exclusion zones, which are geographic areas where a monitored
10 individual is not permitted to visit.
11 (10) (j) Alert notifications to a provider of electronic monitoring services for
12 all of the following:
13 (a) (i) The tampering of the electronic monitoring equipment and the ability
14 to provide an alert of this violation within three minutes of the violation.
15 (b) (ii) The presence of the electronic monitoring equipment in an exclusion
16 zone and the ability to provide an alert of this violation within four minutes of the
17 violation.
18 (c) (iii) Low battery alert prior to the complete discharge of the battery
19 within the electronic monitoring equipment.
20 (11) (k) Simultaneous access to an authorizing judge or law enforcement
21 agency for all monitoring records of an electronic monitoring provider.
22 (3) The development and maintenance of a centralized database or
23 management system, which shall be referred to as the Monitored Individual
24 Management System, that contains the information of monitored individuals and the
25 capability of authorized users to provide real-time updates of the status of individuals
26 within this database.
27 (a) Law enforcement agencies within the appropriate jurisdiction shall be
28 given simultaneous access to the system.
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1 (b) Each court within the appropriate jurisdiction shall be given simultaneous
2 access to the following information located within the system:
3 (i) The name and any aliases used by the monitored individual.
4 (ii) The date of birth of the monitored individual.
5 (iii) The offense that the monitored individual has been charged with, or
6 convicted of.
7 (c) The system shall have the capability to simultaneously provide all of the
8 following information to each authorizing entity about each provider and the
9 individuals placed under electronic monitoring:
10 (a) The services offered.
11 (b) The areas served.
12 (c) The number of individuals served.
13 (d) The number of individuals terminated.
14 (e) The reasons for termination.
15 (f) The credentials or qualifications of the provider.
16 C.(1) Before rendering electronic monitoring services within this state, all
17 manufacturers and providers shall do both of the following:
18 (a) Obtain a valid certification from the department.
19 (b) Register with the department.
20 (2) All manufacturers and providers shall submit an application for
21 registration and certification on forms provided by the department and the
22 application shall contain all of the information that is required by such forms and any
23 accompanying instructions.
24 (3)(a) In order to register monitoring equipment and to ensure that such
25 equipment meets the requirements of this Section, manufacturers shall provide all
26 of the following information to the department:
27 (i) The name of the manufacturer.
28 (ii) The primary office address of the manufacturer.
29 (iii) The principal contact information of the manufacturer.
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1 (iv) An electronic mail address associated with the manufacturer.
2 (v) The name, model number, and capabilities of all equipment being used
3 in this state.
4 (b) Manufacturers who acquire new equipment shall notify the department
5 and sign a statement swearing that the equipment meets the requirements of this
6 Section before using such equipment in this state.
7 (4) Any provider who obtains updated equipment or offers new services in
8 this state shall do the following before usage:
9 (a) Register such equipment with the department.
10 (b) Notify the department of the new services that the provider is offering.
11 (5) When a monitored individual has been removed from global positioning
12 system tracking, the provider shall update the system within one day with both of the
13 following information:
14 (a) The date of unenrollment.
15 (b) The reason for unenrollment.
16 (6) Manufacturers and providers shall provide the department with any
17 update pertaining to a change in name, physical address, phone number, or electronic
18 mail address within fifteen days of such change.
19 (7) Providers shall do all of the following:
20 (a) Employ staff support on a daily and nightly basis throughout the entire
21 year, inclusive of weekends and holidays. This shall include the ability to coordinate
22 with law enforcement agencies to maintain public safety and preserve potential
23 criminal investigations.
24 (b) Input the information of each monitored individual within the system
25 before affixing any monitoring equipment to the individual.
26 (c)(i) Maintain a bail bond producer license as required by the provisions of
27 Part I of Chapter 5 of Title 22 of the Louisiana Revised Statutes of 1950 if the
28 provider is not P.O.S.T. certified or P.O.S.T. qualified.
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1 (ii) Upon the posting of bail, the surety shall assign the arrest powers to the
2 duly licensed provider to enforce the orders of the authorizing entity. This
3 assignment shall be established by the posting of the surety with a signature of the
4 surety affixed upon the bail form provided by the clerk of court that effectuates the
5 release of the offender to the custody of the surety.
6 (d) Effectively monitor and enforce, through the arrest powers provided in
7 Code of Criminal Procedure Article 331, the conditions set by a judge, surety, or any
8 law.
9 (e) Monitor and promptly respond to alerts on a daily and nightly basis
10 throughout the entire year, inclusive of weekends and holidays. This shall include
11 the ability to coordinate with law enforcement agencies to maintain public safety and
12 preserve potential criminal investigations.
13 (f) Submit reports to all authorizing entities that have jurisdiction over an
14 offender upon request. Such reports shall include but not be limited to violation
15 reports, court reports, and proximity reports.
16 (8) The department may take any action provided in Paragraph (I)(6) of this
17 Section to discipline any provider who fails to comply with the provisions of
18 Paragraph (7) of this Subsection.
19 B. D. When the court has placed an individual under electronic monitoring,
20 the name and contact information of the person or entity providing provider of
21 electronic monitoring services shall be entered in the docket for the case in which the
22 electronic monitoring is ordered.
23 C.(1) E. When Before an individual has been is placed under electronic
24 monitoring, the provider of the electronic monitoring services shall, by noon of the
25 following day, provide law enforcement agencies within the appropriate jurisdiction
26 all of the following information: enter all the following information into the system:
27 (a) (1) The name and any aliases used by the monitored individual.
28 (b) (2) The physical address or addresses of residence of the monitored
29 individual.
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1 (c) The name and physical address of place of employment. If the monitored
2 individual does not have a fixed place of employment, he shall provide information
3 with as much specificity as possible regarding the places where he works, including
4 but not limited to travel routes used by the monitored offender.
5 (d) (3) The pending criminal charges against the monitored individual.
6 (e) (4) The reason why the monitored individual has been placed under
7 electronic monitoring.
8 (5) The conditions set by the court.
9 (2) Electronic monitoring service providers shall submit an accurate report
10 to each court exercising jurisdiction over the persons being monitored by the tenth
11 day of each month for the previous month's monitoring activity to include all of the
12 following information:
13 (a) The name and any aliases used by the monitored individual.
14 (b) The date of birth of the monitored individual.
15 (c) The offense that the monitored individual has been charged with, or
16 convicted of.
17 (3) By January fifteenth of each year, electronic monitoring service providers
18 shall submit an accurate annual report to each court exercising jurisdiction over any
19 monitored person during the previous calendar year that includes all of the following
20 information:
21 (a) The services offered.
22 (b) The areas served.
23 (c) The number of defendants served.
24 (d) The number of defendants terminated.
25 (e) The reasons for termination.
26 (f) The credentials or qualifications of the provider.
27 F. Before affixing any monitoring device or equipment to a monitored
28 individual, the provider shall inform the department of all of the following:
29 (1) The name and any aliases used by the monitored individual.
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1 (2) The date of birth and country of birth of the monitored individual, if
2 known.
3 (3) The physical residence address or addresses of the monitored individual.
4 (4) The phone number of the monitored individual, if known.
5 (5) The court information of the monitored individual including jurisdiction,
6 section or docket, case number, and next available court date, if known.
7 (6) The reason why the monitored individual has been placed under
8 electronic monitoring.
9 (7) The pending criminal charges against the monitored individual.
10 (8) A detailed description of the device installed, such as the serial number,
11 model number, other associated identifiers, and the manufacturer.
12 (9) The release conditions of the monitored individual.
13 (10) A photograph of the monitored individual.
14 (4) G. When a violation of the defendant's an individual's monitoring
15 conditions has occurred, the provider of electronic monitoring services shall report
16 the violation to the bail agent on record and the court exercising jurisdiction over the
17 defendant within one day of the provider's receipt of notice that any of the following
18 involving the electronic monitoring equipment has occurred:
19 (1) Presence in an exclusion zone, which are geographic areas where the
20 defendant is not permitted to visit.
21 (2) Tampering or destruction.
22 (3) Loss of battery power.
23 (4) Loss of communications.
24 (5) H. After an individual has been placed under electronic monitoring, the
25 court exercising jurisdiction over the monitored individual shall report ensure that
26 the information provided in this Section is entered accurately into the system and
27 made available to all law enforcement agencies within its jurisdiction.
28 I. The department shall do all of the following to implement the provisions
29 of this Section:
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1 (1) Ensure that manufacturers and providers have complied with the
2 requirements of Subsection C of this Section.
3 (2) Make the registry available to all officers of the court and every law
4 enforcement agency with the capability to search for all of the following
5 information:
6 (a) The name, address, phone number, and the electronic mail address of
7 every manufacturer and provider operating within this state.
8 (b) The type of equipment used, inclusive of the model name and model
9 number.
10 (c) A list of pretrial offenders being monitored.
11 (d) A list of post-conviction offenders being monitored.
12 (3) Ensure the accessibility of manufacturers, providers, law enforcement,
13 and authorizing entities to the registry within twenty-four hours of registration.
14 (4) Develop, maintain, and operate the Monitored Individual Management
15 System and perform any other functions as needed to ensure the continuous
16 operation of the system.
17 (5) Ensure that the following information from the system is available to
18 both authorizing entities and the public:
19 (a) The number of individuals who are being monitored per jurisdiction.
20 (b) The number of actual violations that have occurred per violation.
21 (c) The number of unenrollments and the reasons for these unenrollments.
22 (6) Take any or all of the following actions if the department determines that
23 a provider has violated the provisions of Subsection K of this Section, rendered
24 electronic monitoring services in this state without a valid certification from the
25 department, or intentionally failed to comply with the provisions of Paragraph (C)(7)
26 of this Section:
27 (a) Removal of the provider from the registry.
28 (b) Revocation of the provider's certification to render services in this state.
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1 (c) Removal of the provider's access to the Monitored Individual
2 Management System.
3 J. An attorney at law, judge, ministerial officer of a court, or any law
4 enforcement officer or peace officer shall be prohibited from being a provider, or
5 having a financial interest in a provider, for electronic monitoring services in this
6 state.
7 D. K. Any provider of an electronic monitoring service services who
8 intentionally withholds or intentionally fails to timely report information as required
9 by this Section shall be subject to a fine of fined not more than one thousand dollars,
10 imprisoned for not more than six months, and shall be prohibited from certifying or
11 registering to provide electronic monitoring services in this state for a period of five
12 years.
13 E. L. The Integrated Criminal Justice Information System Policy Board, in
14 consultation with the Department of Public Safety and Corrections, corrections
15 services, probation and parole services and the office of state police, the office of the
16 attorney general, the office of information and technology systems, and the
17 Louisiana Commission on Law Enforcement and Administration of Criminal Justice,
18 shall evaluate the feasibility of all of the following:
19 (1) Development of a statewide system for the use of global position system
20 monitoring and other electronic methods of monitoring as an alternative to
21 incarceration for persons who have been arrested, who are awaiting trial, or who
22 have been convicted.
23 (2) Development of developing guidelines and criteria for contracts between
24 a local government and a person or entity that provides electronic monitoring
25 services.
26 (3) Development and maintenance of a centralized registry that can assist the
27 state in the collection of the following data:
28 (a) The number of persons who are electronically monitored by jurisdiction.
29 (b) The number of violations that occur within each jurisdiction.
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1 Section 2. R.S. 15:835 is hereby repealed in its entirety.
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 244 Original 2025 Regular Session Kerner
Abstract: Provides relative to electronic monitoring.
Present law (R.S. 15:571.36) provides for electronic monitoring equipment.
Proposed law amends present law to define the terms "department", "manufacturer",
"provider", and "system".
Present law (R.S. 15:571.36(A)) provides that the Department of Public Safety and
Corrections (DPS&C), corrections services, the office of state police, and the La. Comm. on
Law Enforcement and Administration of Criminal Justice (LCLE) shall develop written
policies and procedures for the promulgation of rules governing mandatory requirements for
electronic monitoring service providers and manufacturers, including the availability,
storage, use of, and operational capacity for electronic monitoring equipment utilized for
pretrial, post-conviction, or monitoring.
Proposed law amends present law to change the rulemaking entity from corrections services
within DPS&C to probation and parole services within DPS&C.
Proposed law provides that the promulgated rules shall address the certification standards
and registration requirements for providers and manufacturers who render such services in
La., as well as the development and maintenance of a centralized database or management
system that contains the information of monitored individuals with the capability of
authorized users to provide real-time updates of the status of individuals within this
database.
Proposed law provides for accessibility of certain information within this system and the
capability of the system to simultaneously provide certain information to each authorizing
entity about each provider and the individuals placed under electronic monitoring.
Proposed law provides that before rendering electronic monitoring services within La., all
manufacturers and providers shall obtain a valid certification from the DPS&C, and register
with the DPS&C.
Proposed law provides that all manufacturers and providers shall submit an application for
registration and certification on forms provided by the DPS&C and the application shall
contain all of the information that is required by such forms and any accompanying
instructions.
Proposed law provides that in order to register monitoring equipment and to ensure that such
equipment meets the requirements of present law, manufacturers shall provide all of the
following information to the DPS&C:
(1)The name of the manufacturer.
(2)The primary office address of the manufacturer.
(3)The principal contact information of the manufacturer.
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(4)An email address associated with the manufacturer.
(5)The name, model number, and capabilities of all equipment being used in La.
Proposed law provides that manufacturers who acquire new equipment shall notify the
DPS&C and sign a statement swearing that the equipment meets the requirements of present
law before using such equipment in this state.
Proposed law provides that any provider who obtains updated equipment or offers new
services in La. shall do the following before usage:
(1)Register such equipment with the DPS&C.
(2)Notify the DPS&C of the new services that the provider is offering.
Proposed law provides that when a monitored individual has been removed from global
positioning system tracking, the provider shall update the system within one day with the
date of unenrollment and the reason for unenrollment.
Proposed law provides that manufacturers and providers shall provide the DPS&C with any
update pertaining to a change in name, physical address, phone number, or email address
within 15 days of such change.
Proposed law provides for the following duties of providers:
(1)Employ staff support on a daily and nightly basis throughout the entire year,
inclusive of weekends and holidays, with the ability to coordinate with law
enforcement agencies to maintain public safety and preserve potential criminal
investigations.
(2)Input the information of each monitored individual within the system before affixing
any monitoring equipment to the individual.
(3)Maintain a bail bond producer license as required by present law (Part I of Ch 5 of
Title 22 of the La. Revised Statutes of 1950) if the provider is not P.O.S.T. certified
or P.O.S.T. qualified. Further provides for the assignment of arrest powers from the
surety to the duly licensed provider to enforce the orders of the authorizing entity
upon the posting of bail.
(4)Effectively monitor and enforce the conditions set by a judge, surety, or any law,
through the arrest powers provided in present law (C.Cr.P. Art. 331).
(5)Monitor and promptly respond to alerts on a daily and nightly basis throughout the
entire year, inclusive of weekends and holidays, with the ability to coordinate with
law enforcement agencies to maintain public safety and preserve potential criminal
investigations.
(6)Submit reports that include but are not limited to violation reports, court reports, and
proximity reports, to all authorizing entities that have jurisdiction over an offender
upon request.
Proposed law provides that the DPS&C may take any action provided in proposed law to
discipline any provider who fails to comply with the provisions of proposed law.
Present law (R.S. 15:571.36(C)(1)) provides that when an individual has been placed under
electronic monitoring, the provider of the electronic monitoring services shall, by noon of
the following day, provide certain information to law enforcement agencies within the
appropriate jurisdiction.
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HB NO. 244
Proposed law amends present law to remove both the time frame for reporting and the name
and physical address of the monitored individual's place of employment among the
information to be provided. Further requires the provider of the electronic monitoring
services to enter certain information into the management system before an individual is
placed under electronic monitoring.
Proposed law retains the information contained in present law that electronic monitoring
services are required to provide and adds conditions set by the court as further information
to be entered into the system.
Present law (R.S. 15:571.36(C)(2)) provides that electronic monitoring service providers
shall submit an accurate report to each court exercising jurisdiction over the persons being
monitored by the 10th day of each month for the previous month's monitoring activity to
include certain information.
Present law (R.S. 15:571.36(C)(3)) provides that by Jan. 15th of each year, electronic
monitoring service providers shall submit an accurate annual report to each court exercising
jurisdiction over any monitored person during the previous calendar year that includes
certain information relative to the services offered, areas served, the defendants who are
served or terminated, and the credentials or qualifications of the provider.
Proposed law removes these provisions of present law.
Proposed law provides that before affixing any monitoring device or equipment to a
monitored individual, the provider shall inform the DPS&C of all of the following:
(1)The name and any aliases used by the monitored individual.
(2)The date of birth and country of birth of the monitored individual, if known.
(3)The physical residence address or addresses of the monitored individual.
(4)The phone number of the monitored individual, if known.
(5)The court information of the monitored individual including jurisdiction, section or
docket, case number, and next available court date, if known.
(6)The reason why the monitored individual has been placed under electronic
monitoring.
(7)The pending criminal charges against the monitored individual.
(8)A detailed description of the device installed, such as the serial number, model
number, other associated identifiers, and the manufacturer.
(9)The release conditions of the monitored individual.
(10)A photograph of the monitored individual.
Present law (R.S. 15:571.36(C)(4)) provides for the reporting of violations when a violation
of the defendant's monitoring conditions has occurred.
Proposed law retains present law and changes the term "defendant" to "individual".
Present law (R.S. 15:571.36(C)(5)) 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 present law to all law enforcement agencies within its
jurisdiction.
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Proposed law amends present law to provide that the court exercising jurisdiction over the
monitored individual shall ensure that the information provided in present law is entered
accurately into the management system and made available to all law enforcement agencies
within its jurisdiction.
Proposed law provides that the DPS&C shall do all of the following to implement the
provisions of present law:
(1)Ensure that manufacturers and providers have complied with the requirements of
present law.
(2)Make the registry available to all officers of the court and every law enforcement
agency with the capability to search for all of the following information:
(a)The name, address, phone number, and the email address of every
manufacturer and provider operating within this state.
(b)The type of equipment used, inclusive of the model name and model number.
(c)A list of pretrial offenders being monitored.
(d)A list of post-conviction offenders being monitored.
(3)Ensure the accessibility of manufacturers, providers, law enforcement, and
authorizing entities to the registry within 24 hours of registration.
(4)Develop, maintain, and operate the Monitored Individual Management System and
perform any other functions as needed to ensure the continuous operation of the
system.
(5)Ensure that the following information from the system is available to both
authorizing entities and the public:
(a)The number of individuals who are being monitored per jurisdiction.
(b)The number of actual violations that have occurred per violation.
(c)The number of unenrollments and the reasons for these unenrollments.
(6)Take any or all of the following actions if the DPS&C determines that a provider has
violated the provisions of present law, rendered electronic monitoring services in this
state without a valid certification from the department, or intentionally failed to
comply with the provisions of proposed law:
(a)Removal of the provider from the registry.
(b)Revocation of the provider's certification to render services in this state.
(c)Removal of the provider's access to the Monitored Individual Management
System.
Proposed law provides that an attorney at law, judge, ministerial officer of a court, or any
law enforcement officer or peace officer shall be prohibited from being a provider, or having
a financial interest in a provider, for electronic monitoring services in this state.
Present law (R.S. 15:571.36(D)) provides penalties for any provider of an electronic
monitoring service who intentionally withholds or intentionally fails to timely report
information as required by present law.
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Proposed law retains present law and provides that the five-year prohibition from registering
to provide electronic monitoring services in La. applies to certification to render these
services in La. as well.
Present law (R.S. 15:571.36(E)) provides that the Integrated Criminal Justice Information
System Policy Board, in consultation with corrections services and the office of state police
within the DPS&C, the office of the attorney general, the office of information and
technology systems, and the LCLE, shall evaluate the feasibility of all of the following:
(1)Development of a statewide system for the use of global positioning system
monitoring and other electronic methods of monitoring as an alternative to
incarceration for persons who have been arrested, who are awaiting trial, or who
have been convicted.
(2)Development of guidelines and criteria for contracts between a local government and
a person or entity that provides electronic monitoring services.
(3)Development and maintenance of a centralized registry that can assist the state in the
collection of data pertaining to the number of persons who are electronically
monitored by jurisdiction and the number of violations that occur within each
jurisdiction.
Proposed law amends present law to change the entity within DPS&C from corrections
services to probation and parole services.
Proposed law removes the following processes from the feasibility evaluation:
(1)Development of a statewide system for the use of global positioning system
monitoring and other electronic methods of monitoring as an alternative to
incarceration for persons who have been arrested, who are awaiting trial, or who
have been convicted.
(2)Development and maintenance of a centralized registry that can assist the state in the
collection of data pertaining to the number of persons who are electronically
monitored by jurisdiction and the number of violations that occur within each
jurisdiction.
Present law (R.S. 15:835) provides for the registration of electronic monitoring service
providers and provides for prohibitions.
Proposed law repeals present law.
(Amends R.S. 15:571.36; Repeals R.S. 15:835)
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