2018 Louisiana Laws
Revised Statutes
TITLE 15 - Criminal Procedure
RS 15:571.35.1 - Pilot program; Lafourche Parish Pretrial Home Incarceration Program; electronic monitoring

§571.35.1. Lafourche Parish Pretrial Home Incarceration Program; electronic monitoring

            A. The Lafourche Parish Sheriff's Office may implement a program using, as an alternative mode of incarceration to traditional imprisonment, active electronic monitoring of offenders who are eligible under the provisions of this Section. This program shall be referred to as the Lafourche Parish Pretrial Home Incarceration Program.

            B. A defendant may be eligible for participation in the program under the following conditions:

            (1) No defendant who has been charged with a crime of violence as defined in R.S. 14:2(B), or with a sex offense as defined in R.S. 15:541, shall be eligible for the program established under the provisions of this Section.

            (2) A determination is made by the Lafourche Parish Sheriff's Office that the defendant is particularly likely to respond affirmatively to participation in the program.

            (3) The Lafourche Parish Sheriff's Office has interviewed the defendant and has made a risk assessment determination that the defendant is eligible for participation in the program. The Lafourche Parish Sheriff's Office shall forward the risk assessment to the court for use as the court may deem proper.

            C.(1) The Lafourche Parish Sheriff's Office shall develop, adopt, and implement rules and regulations for the development, implementation, and administration of the program.

            (2) Such rules and regulations shall include but not be limited to the following:

            (a) A defendant  in the program shall be supervised and shall be subject to all of the conditions required for participation. The conditions of the program may include any condition reasonably related to the program, including curfew, home visitations by persons designated by the sheriff, and limitations of the defendant's activities outside of the home.

            (b) The program shall include the use of electronic monitoring devices.

            (c) A defendant 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 supervision and the cost of the required electronic monitoring.

            (d) A defendant shall be given notice of the conditions imposed in writing, and he shall be required to agree in writing to the conditions.

            (e) Notwithstanding the provisions of Code of Criminal Procedure Article 880, the defendant may receive credit for time served while participating in the program only with the approval of the sentencing court.

            (3) Participation in the program does not, in any way, negate nor nullify the bail obligations as set by the court. At any time, a defendant may post a legally sufficient authorized bail and become relieved of all conditions of this program unless those conditions are specifically ordered by the court or by law as a condition of bail.

            D.(1) No defendant shall be admitted to the program prior to court approval of the defendant's participation in the program.

            (2) Notwithstanding any other provision of law to the contrary, the court, at any time on its own motion, may prohibit or terminate a defendant's initial or continued participation in the program.

            E.(1) The sheriff shall be entitled to collect from the parish governing authority and apply to the funding of the program a sum not less than the per diem fee authorized by R.S. 13:5535(1). In lieu of the per diem, the sheriff may establish a fee which is agreed upon by the parish governing authority and the sheriff. In no event shall those funds be considered surplus funds.

            (2) In the case of indigent persons who may be eligible to participate in the program, the sheriff shall establish rules and regulations governing participation by indigent defendants.

            (3) The sheriff may apply for funding and grants from any and all sources he may deem appropriate to develop, design, implement, administer, and evaluate the program.

            (4) The sheriff may engage in cooperative endeavor agreements with other government agencies or departments and with any nonprofit organization whose mission is compatible with the goals and objectives of the program.

            F. The sheriff may terminate the participation of any defendant in the program who fails to comply with the terms of participation in the program and require the physical return of any defendant terminated from participation in the program to parish jail or such other facility as the sheriff may deem appropriate for the purpose of continuing his pretrial detention.

            G. With respect to any defendant in the program, neither the sheriff nor the parish shall be responsible for any medical costs or the provision of medical care, transportation costs or the provision of transportation, housing costs or the provision of housing, food costs or the provision of food, or clothing costs or the provision of clothing to the defendant.

            H. Neither the sheriff of Lafourche Parish, nor his deputies and employees, nor the governing authority of Lafourche Parish or its elected or appointed officials, deputies, or employees, nor any party engaged in a cooperative endeavor agreement with the program shall have any liability for the acts of any defendant who is admitted to participation during the time the defendant is participating in the program.

            I. Repealed by Acts 2018, No. 139, §2.

            Acts 2010, No. 821, §1; Acts 2012, No. 71, §1; Acts 2018, No. 139, §§1, 2.