2006 Louisiana Laws - RS 15:571.35 — Pilot program; home incarceration; electronic monitoring
§571.35. Pilot program; home incarceration; electronic monitoring
A. Not later than November 1, 2001, the Department of Public Safety and Corrections shall implement a pilot program using as an alternative mode of incarceration to traditional imprisonment home incarceration with active electronic monitoring of offenders who are eligible under the provisions of this Section.
B. A defendant may be eligible for participation in the pilot program under the following conditions:
(1) The defendant has been charged with a nonviolent first offense. No defendant who has been charged with a sex offense or with producing, manufacturing, distributing, or dispensing a controlled dangerous substance or possession with the intention to produce, manufacture, distribute, or dispense a controlled dangerous substance under the provisions of the Uniform Controlled Dangerous Substances Law, R.S. 40:961 et seq., shall be eligible for the pilot program established under the provisions of this Section.
(2) The department, in concurrence with the district attorney, shall determine that the defendant is particularly likely to respond affirmatively to participation in the pilot program.
(3) The court shall determine that home incarceration of the defendant is more suitable than imprisonment.
C.(1) The department shall develop, adopt, and promulgate rules and regulations in compliance with the provisions of 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:
(a) A participant in the program shall be supervised and may be subject to any of the conditions of probation. The conditions of home incarceration 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 limitation of the participant's activities outside of the home.
(b) The program shall include the use of 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 home incarceration supervision or the cost of the required electronic monitoring.
(d) A participant shall be given the conditions of his home incarceration in writing and shall be required to agree in writing to the conditions.
(e) If a participant violates the conditions of home incarceration, 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 defendant shall not receive credit for time served under home incarceration.
D.(1) The pilot program undertaken pursuant to this Section shall be evaluated with regard to security, beneficial and detrimental effects on the prisoner, 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 in comparison with 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 2003 Regular Session of the Legislature.
Acts 2001, No. 1139, §1.
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