2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:571.36. Electronic monitoring equipment

RS 15:571.36 - Electronic monitoring equipment
A. The Department of Public Safety and Corrections, corrections services, the office of state police, and the Louisiana Commission on Law Enforcement and Administration of Criminal Justice shall develop written policies and procedures in the manner provided in the Administrative Procedure Act for the promulgation of rules governing mandatory requirements for electronic monitoring service providers, including the availability, storage, use of, and operational capacity for electronic monitoring equipment utilized for pretrial, post-conviction, or monitoring, which shall include all of the following requirements:
(1) Secure storage, making equipment inaccessible to a monitored individual.
(2) Visual inspection of equipment worn by the monitored individual to determine its condition not less than once per month.
(3) A master listing and inventory.
(4) Availability of at least one complete backup unit for every twenty-five units in use.
(5) Responses to system malfunctions.
(6) Restricted password access to authorized staff of base station hardware.
(7) Maintenance and cleaning of equipment.
(8) Location accuracy of a monitored individual for all of the following:
(a) The indoor location of a monitored individual.
(b) The outdoor location of a monitored individual.
(c) On-demand location, which is the most recent location of a monitored individual, and the ability to provide this location accuracy within three minutes of a request.
(9) Development of zoning capabilities for both of the following:
(a) Inclusion zones, which are geographic areas where a monitored individual is scheduled to be.
(b) Exclusion zones, which are geographic areas where a monitored individual is not permitted to visit.
(10) Alert notifications from the applicable local, municipal, and parish authorities and the office of technology services to an authorizing judge or law enforcement agency for all of the following:
(a) The tampering of the electronic monitoring equipment and the ability to provide an alert of this violation within three minutes of the violation.
(b) The presence of the electronic monitoring equipment in an exclusion zone and the ability to provide an alert of this violation within four minutes of the violation.
(c) Low battery alert prior to the complete discharge of the battery within the electronic monitoring equipment.
(11) Simultaneous access to an authorizing judge or law enforcement agency for all monitoring records of an electronic monitoring provider.
B.(1) When an individual has been placed under electronic monitoring, the provider of the electronic monitoring service shall, by noon of the following day, provide law enforcement agencies within the appropriate jurisdiction all of the following information:
(a) The name and any aliases used by the monitored individual.
(b) The physical address or addresses of residence of the monitored individual.
(c) The name and physical address of place of employment. If the monitored individual does not have a fixed place of employment, he shall provide information with as much specificity as possible regarding the places where he works, including but not limited to travel routes used by the monitored offender.
(d) The pending criminal charges against the monitored individual.
(e) The reason why the monitored individual has been placed under electronic monitoring.
(2) After an individual has been placed under electronic monitoring, the court exercising jurisdiction over the monitored individual shall report the information provided in Paragraph (1) of this Subsection to all law enforcement agencies within its jurisdiction.
C.(1) Any provider of an electronic monitoring service who intentionally withholds or intentionally fails to timely report information as required by this Section shall be subject to a civil fine of not more than one thousand dollars and shall be prohibited from registering to provide electronic monitoring services in this state for a period of five years.
(2) The attorney general shall have the authority to pursue the civil fine imposed pursuant to this Subsection and may institute any civil action to prohibit any violator of this Subsection from providing or registering to provide electronic monitoring services in this state for a period of five years.
D. The Integrated Criminal Justice Information System Policy Board, in consultation with the Department of Public Safety and Corrections, corrections services, the office of state police, the office of the attorney general, the office of information and technology systems, and the Louisiana Commission on Law Enforcement and Administration of Criminal Justice shall evaluate the feasibility of all of the following:
(1) Development of a statewide system for the use of global position system monitoring and other electronic methods of monitoring as an alternative to incarceration for persons who have been arrested, who are awaiting trial, or who have been convicted.
(2) Development of guidelines and criteria for contracts between a local government and a person or entity that provides electronic monitoring services.
(3) Development and maintenance of a centralized registry that can assist the state in the collection of the following data:
(a) The number of persons who are electronically monitored by jurisdiction.
(b) The number of violations that occur within each jurisdiction.
Acts 2010, No. 416, §1; Acts 2023, No. 374, §2.