SLS 25RS-303 ORIGINAL 2025 Regular Session SENATE BILL NO. 95 BY SENATOR CLOUD Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. CRIMINAL PROCEDURE. Provides for electronic monitoring. (8/1/25) 1 AN ACT 2 To amend and reenact the introductory paragraph of R.S. 15:571.36(C)(4) and (D) and to 3 enact R.S. 15:571.37, relative to electronic monitoring of certain criminal 4 defendants; to provide relative to notifications of noncompliance; to provide relative 5 to penalties; to provide for program costs and maintenance; to provide for 6 termination of electronic monitoring; and to provide for related matters. 7 Be it enacted by the Legislature of Louisiana: 8 Section 1. The introductory paragraph of R.S. 15:571.36(C)(4) and (D) are hereby 9 amended and reenacted and R.S. 15:571.37 is hereby enacted to read as follows: 10 §571.36. Electronic monitoring equipment 11 * * * 12 C.(1) When an individual has been placed under electronic monitoring, the 13 provider of the electronic monitoring services shall, by noon of the following day, 14 provide law enforcement agencies within the appropriate jurisdiction all of the 15 following information: 16 * * * 17 (4) When a violation of the defendant's monitoring conditions has occurred, Page 1 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 95 SLS 25RS-303 ORIGINAL 1 the provider of electronic monitoring services shall report the violation to the bail 2 agent on record, the district attorney for the parish of prosecution or the 3 attorney general, if acting as district attorney ad hoc, and the court exercising 4 jurisdiction over the defendant within one day of the provider's receipt of notice that 5 any of the following involving the electronic monitoring equipment has occurred: 6 * * * 7 D. Any provider of an electronic monitoring service who intentionally 8 withholds or intentionally fails to timely report information as required by this 9 Section shall be subject to a fine of fined not more than one thousand dollars per 10 each day of a violation, or imprisoned for not more than six months, and shall be 11 prohibited from registering to provide electronic monitoring services in this state for 12 a period of five years. 13 * * * 14 §571.37. Electronic monitoring programs 15 A. The court shall impose any condition necessary to further the 16 rehabilitation of a person released subject to electronic monitoring, including 17 maintaining employment. In the case of a juvenile, the conditions may include 18 staying in school, participating in after-school activities, or being subject to a 19 curfew. 20 B. The cost for participating in an electronic monitoring program shall 21 be borne by the person being monitored. 22 C. As a condition of electronic monitoring, and notwithstanding any 23 other provision of law, a person subject to electronic monitoring, including a 24 juvenile, shall: 25 (1) Maintain the monitoring equipment in normal working order 26 including, but not limited to keeping the monitoring equipment charged. 27 (2) Consent to a period of detention by the electronic monitoring 28 provider, without prior notice or court order, not to exceed six hours for the 29 purpose of charging, recharging, or repairing the monitoring equipment if the Page 2 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 95 SLS 25RS-303 ORIGINAL 1 signal is interrupted. 2 D. Electronic monitoring providers operating in this state shall actively 3 monitor any person subject to electronic monitoring for compliance and report 4 any violation in accordance with R.S. 15:571.36. Daily compliance reports shall 5 be provided to the district attorney regarding the person being monitored. 6 E.(1) Upon receipt of a report of noncompliance, the court may, either 7 on its own motion or that of the district attorney, issue a warrant for the arrest 8 of a person subject to electronic monitoring. 9 (2) A person arrested pursuant to a warrant issued pursuant to 10 Paragraph (1) of this Subsection shall be held in custody until a hearing is 11 conducted to determine if the person can and will comply with all electronic 12 monitoring restrictions. 13 (3) The court shall terminate a person's participation in an electronic 14 monitoring program, and remand him to state custody, after his third 15 noncompliance hearing. The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Senate Legislative Services. The keyword, summary, 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)] DIGEST SB 95 Original 2025 Regular Session Cloud Present law requires a provider of electronic monitoring services to notify both the bail agent on record and the court within 24 hours if a monitoring violation occurs. Proposed law retains present law and adds the district attorney for the parish of prosecution, or the attorney general if acting as the district attorney ad hoc, to the present law list of people to be notified. Present law provides that a provider of electronic monitoring who either intentionally withholds or intentionally fails to timely report required information will be prohibited from registering to provide monitoring services in La. for a period of five years, fined an amount not to exceed $1,000, and imprisoned for a period not to exceed six months. Proposed law provides that the present law penalty be changed from a $1,000 fine and imprisonment for a period not to exceed six months to $1,000 per day or imprisonment for a period not to exceed six months. Proposed law otherwise retains present law. Proposed law provides that: Page 3 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 95 SLS 25RS-303 ORIGINAL (1)The court will impose any condition necessary to further the rehabilitation of a person subject to electronic monitoring including maintaining a job or, if the person is a juvenile, the ability to stay in school, participate in after-school activities, or be subject to a curfew. (2)The person subject to electronic monitoring is responsible for paying the cost of monitoring. (3)The person subject to electronic monitoring must charge and maintain the monitoring equipment in normal working order. (4)The person subject to electronic monitoring must consent to a period of detention, not to exceed six hours, by the electronic monitoring provider, without prior notice or court order, for the purpose of charging, recharging, or repairing the monitoring equipment if the signal is interrupted. (5)Electronic monitoring providers in La. must actively monitor any person subject to electronic monitoring and report all violations in compliance with present law as well as provide daily compliance reports to the district attorney. Proposed law provides that court may, either on its own motion or that of the district attorney, issue a warrant for the arrest of a person subject to electronic monitoring that is noncompliant. Proposed law also provides that a person arrested pursuant to a proposed law warrant be held in custody until a hearing is conducted. Proposed law also provides that a person who is the subject of three noncompliance hearings will be removed from an electronic monitoring program and remanded to custody. Effective August 1, 2025. (Amends R.S. 15:571.36(C)(4)(intro para.) and (D); adds R.S. 15:571.37) Page 4 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.