2018 Louisiana Laws
TITLE 15 - Criminal Procedure
RS 15:574.62 - Substance abuse conditional release
§574.62. Substance abuse conditional release
A. The secretary of the Department of Public Safety and Corrections is hereby authorized to release an offender sentenced to the custody of the department to intense parole supervision as provided in R.S. 15:574.4.4, if the offender meets certain requirements provided for in this Section and meets the requirements of any rules or regulations adopted by the secretary in accordance with the provisions of this Section.
B. An offender shall be eligible for conditional release pursuant to the provisions of this Section if all of the following conditions are met:
(1) The offender is willing to participate in the program.
(2) The offender has been convicted and is serving a sentence for a first or second offense possession or possession with the intent to distribute a controlled dangerous substance as defined by Part X of Chapter 4 of Title 40 of the Louisiana Revised Statutes of 1950.
(3) The offender has no convictions for a crime of violence as defined by R.S. 14:2 or a sex offense as defined by R.S. 15:541.
(4) The offender has not previously been released pursuant to the provisions of this Section.
(5) The offender has served at least two years in actual physical custody and is within one year of his projected release date.
C.(1) If the offender meets the criteria set forth in Subsection B of this Section, the offender shall be required to undergo an addiction disorder assessment and a mental health screening which shall be reviewed by the secretary of the department and considered by the secretary in determining the offender's suitability to participate in the treatment program. In determining suitability the secretary shall consider all of the following:
(a) Whether the offender's release may pose a danger to the general public or to an individual. In making this determination, the secretary shall consider all of the following:
(i) The offender's involvement in any gang activity during the offender's term of imprisonment.
(ii) The offender's custody classification as defined by the department.
(iii) The risk of violence associated with the offender's release.
(iv) The availability of sufficient supervision resources as determined by the secretary.
(b) Whether the offender has a suitable release plan. In evaluating the release plan, the secretary shall consider all of the following:
(i) Plans for aftercare.
(ii) Availability of community-based chemical dependency treatment.
(iii) Opportunities for gainful employment.
(iv) An approved residence plan.
(2) If the offender meets the criteria set forth in Subsection B of this Section and the secretary determines that the offender is suitable to participate in the program, the offender shall be required to participate in an addiction disorder treatment program within a facility approved by the department that meets the standards adopted by the secretary or such other program as indicated by the department's risk and needs assessment tool. The program shall last for not less than sixty days nor more than one hundred twenty days.
D. The secretary may remove any offender from the program for any of the following:
(1) The offender committed a violation of the rules of the program.
(2) The offender committed a criminal offense or violated the department disciplinary rules while in the program.
(3) The offender presents a risk to himself or others.
E. If the offender fails to successfully complete the program or is removed from the program pursuant to Subsection D of this Section, he shall be required to serve the remainder of his sentence as originally imposed. The offender shall not lose any good time earned during his participation in the program.
F. If the offender successfully completes the program, the secretary may release the offender to intense parole supervision as provided in R.S. 15:574.4.4 and subject the offender to certain additional conditions imposed by the secretary pursuant to the provisions of this Section.
G. Prior to the offender's release pursuant to the provisions of this Section, the offender shall sign a written agreement to comply with all requirements of R.S. 15:574.4.4, the requirements of this Section, and any other conditions imposed by the secretary pursuant to the provisions of this Section.
H.(1) As a condition of the offender's release pursuant to the provisions of this Section, the secretary shall require the offender to submit to random drug and alcohol testing and electronic monitoring as determined to be necessary by the secretary.
(2) If determined by the secretary to be necessary, the secretary may require the offender to participate in further substance abuse treatment while on release pursuant to the provisions of this Section. The offender shall be required to bear the cost of such treatment.
(3) The secretary may impose any other conditions deemed necessary to accomplish the goals of this Section.
I. When an offender is released pursuant to the provisions of this Section, he shall be released as if released on parole and shall be subject to the provisions relative to parole including R.S. 15:574.4.4 et seq.
J. The secretary of the department is hereby authorized to establish rules and regulations to provide for the administration of this Section.
Acts 2013, No. 389, §2.