§ 335.1 is amended to allow the court to order a defendant in a domestic abuse battery case to wear a global positioning system (GPS) device as a condition of pretrial release. The defendant must pay any fees associated with the GPS and may be required to provide the victim with a secondary device capable of receiving information from the GPS. (2010) http://www.ncjfcj.org/sites/default/files/legislative_update_10.pdf
Title 15. Criminal Procedure.
Chapter 3-B. Registration of Sex Offenders, Sexually Violent Predators, and Child Predators.
§ 15:550. Pilot program; location tracking and crime correlation based electronic monitoring supervision program for certain sex and violent offenders
A. The Department of Public Safety and Corrections shall implement a pilot program using a location tracking and crime correlation based electronic monitoring supervision program for the sex offenders and violent offenders specified in Paragraph (B)(1) of this Section.
B. An offender may be eligible for participation in the pilot program under the following conditions:
(1) The defendant has been convicted of a sex offense as defined in R.S. 15:541, a crime of violence as defined in R.S. 14:2, or domestic abuse battery as defined in R.S. 14:35.3.
(2) The department shall make a determination as to whether the offender is particularly likely to respond affirmatively to participation in the pilot program.
(3) The court shall determine that location tracking and crime correlation based electronic monitoring supervision of the defendant is more suitable than imprisonment.
C. (1) The department shall develop, adopt and promulgate rules and regulations in compliance with the Administrative Procedure Act for the development, implementation, and administration of the pilot program.
(2) Such rules and regulations shall include but not be limited to the following:
(a) A participant in the program shall be supervised and may be subject to any of the conditions of probation or parole. The conditions of location tracking and crime correlation based electronic monitoring supervision may include any condition reasonably related to implementing or monitoring a sentence of home incarceration, including curfew, home visitations by persons designated by the court, and limitations on the offender’s activities outside of the home.
(b) The program shall include the use of location tracking and crime correlation based electronic monitoring devices.
(c) A participant may be required to obtain employment and may be required to pay a reasonable supervision fee to the supervising agency to defray the cost of his location tracking and crime correlation based electronic monitoring supervision or the cost of the required electronic monitoring.
(d) A participant shall be given the conditions of his location tracking and crime correlation based electronic monitoring supervision in writing and shall be required to agree in writing to the conditions.
(e) If the participant violates the conditions of location tracking and crime correlation based electronic monitoring supervision, the court, on motion of the state or its own motion, may, after contradictory hearing, modify the sentence to impose a sentence of imprisonment.
(f) In the event of revocation and sentence to imprisonment, the offender shall not receive credit for time served under home incarceration.
D. (1) The pilot program created pursuant to this Section shall be evaluated with regard to security, beneficial and detrimental effects on the offender, projected probable effects on deterrence, cost, labor intensiveness, and other relevant measures of effectiveness. Such evaluation shall provide the required information on a project basis as well as compared to traditional imprisonment.
(2) A report of the evaluation of the program shall be presented to the Joint Legislative Committee on the Budget, the Senate Committee on the Judiciary, Section C, and the House Committee on the Administration of Criminal Justice not later than thirty days prior to the first day of the 2005 Regular Session of the Legislature.
E. The provisions of this Section shall be implemented only to the extent that funding is available.
Title 46. Public Welfare and Assistance.
Chapter 28. Protection from Family Violence Act.
Part II. Domestic Abuse Assistance.
§ 2143. Use of electronic monitoring of offenders; pilot program.
A. When a court issues any peace bond, temporary restraining order, protective order, preliminary injunction, permanent injunction or court-approved consent agreements pursuant to R.S. 46:2131 et seq., R.S. 9:361 et seq., R.S. 9:372 et seq., Children’s Code Article 1564 et seq., Code of Civil Procedure Article 3604, or as part of the disposition, sentence, or bail condition of a criminal matter pursuant to Code of Criminal Procedure Articles 327.1 or 871.1 for the purpose of preventing acts of domestic violence, the court may also order the domestic violence offender to participate in an electronic monitoring program. However, the use of electronic monitoring equipment shall be used only if the domestic abuse victim has consented to its use.
B. The court shall specify the terms of the electronic monitoring program, which shall include but is not limited to the following requirements:
(1) The device shall alert the domestic violence victim and the appropriate law enforcement agency when the domestic violence offender is within a certain distance of the protected person or protected premises, as ordered by the court. The court issuing the order shall be notified of the violation of the order by the local law enforcement agency within twenty-four hours.
(2) The device shall be worn at all times by the domestic violence offender.
(3) Equipment shall be installed or placed in the home of the offender to monitor the compliance of the offender.
(4) The offender shall be placed under the supervision of the Department of Public Safety and Corrections, or the court in misdemeanor cases, for the purposes of monitoring.
C. The cost of electronic monitoring shall be paid by the domestic violence offender.
D. (1) (a) Any court in the parishes of East Baton Rouge and Lafourche which has jurisdiction over the matters provided for in Subsection A of this Section shall be authorized to implement the provisions of this Section. No other court may do so, except as provided in Paragraph (2) of this Subsection.
(b) (i) Any court which exercises this authority shall maintain a record of the use of electronic monitoring devices, their effectiveness, any added costs that result, and any other information relevant to providing a basis for a determination of the value of the use of such devices and whether the authority to use such devices should be expanded to all courts with jurisdiction over the matters provided for in Subsection A of this Section.
(ii) All records required in Item (i) of this Subparagraph shall be submitted to the Judicial Council in a manner and at a time required by the council. The Judicial Council shall review all such records and study any recommendation submitted by the courts with the records and determine whether the authority to use such devices should be expanded to all courts with relevant jurisdiction for use in appropriate matters.
(2) At the conclusion of such study and upon a determination that the authority should be expanded, the pilot continued, or the authority revoked and the use discontinued, the Judicial Council shall advise all relevant courts. This determination shall provide the authority for the use or discontinuation of the use of such devices until the Judicial Council determines otherwise.
Louisiana State Library
701 N. Fourth St.
PO Box 131
Baton Rouge, Louisiana 70802
House: (225) 342-4914
Senate: (225) 342-2791
Louisiana Coalition Against Domestic Violence
P.O. Box 77308
Baton Rouge, LA 70879
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