§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.
§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.
§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.
