reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:560.5. Appeal of decision

RS 15:560.5 - Appeal of decision
A sex offender determined to be a sexually violent predator or a child sexual predator pursuant to the provisions of this Chapter may petition the sentencing court for a review of this determination not more than once every three years, provided that the sex offender is currently receiving treatment from a court, or a treatment provider approved by the Department of Public Safety and Corrections, and good cause for such reconsideration is shown by the sex offender. If the court grants the petition for review, the court shall refer the case to the panel for review in accordance with the provisions of R.S. 15:560.2, and a recommendation to the court for a judicial determination as to whether or not the sex offender continues to be a sexually violent predator or a child sexual predator. After receiving the recommendation of the panel, the court shall schedule a hearing and provide notice of the hearing in accordance with the provisions of R.S. 15:560.2(I). If, after a contradictory hearing, the court finds by clear and convincing evidence, that the offender is a sexually violent predator or a child sexual predator, the offender shall be ordered to comply with the provisions of R.S. 15:560.3 et seq.
Acts 2007, No. 126, §1; Acts 2009, No. 205, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:560.6. Rights of action

RS 15:560.6 - Rights of action
A. Except for the review provided for in R.S. 15:560.5, it is not the intent of the legislature to create any new right, right of action, or cause of action or eliminate any right, right of action, or cause of action existing under current law. Nothing in the provisions of R.S. 15:560 through 560.6 shall create, expressly or by implication, any right, claim, or cause of action in favor of anyone in connection with the evaluation or monitoring of sex offenders.
B. Any employee who participates in the review process pursuant to this Chapter shall be immune from civil or criminal liability when he acted in good faith in a reasonable manner in accordance with generally accepted medical or other professional practices.
Acts 2007, No. 126, §1; Acts 2009, No. 205, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:561. Legislative findings

RS 15:561 - Legislative findings
A. The Legislature of Louisiana has long recognized the need to protect our most innocent and defenseless citizens from sex offenders, sexually violent predators, and child predators and has enacted statutory provisions to provide some of the strictest criminal penalties for the commission of sex offenses, and one of the most extensive sex offender registration and notification provisions in the United States.
B. The legislature finds that sex offenders, sexually violent predators, and child predators often pose a high risk of engaging in sex offenses and crimes against victims who are minors even after being released from incarceration or commitment and that the protection of the public from sex offenders, sexually violent predators, and child predators is of paramount governmental interest.
C. In consideration of the potential high rate of recidivism and the harm which can be done to the most defenseless members of the public by sex offenders, sexually violent predators, and child predators, the state has a compelling interest in ensuring compliance with the provisions of law regarding sex offender registration and notification to protect the public from harm as those offenders are released from incarceration and are returned to their communities.
D. It is, therefore, the policy of this state to assist local law enforcement agencies' efforts to protect the citizens of this state by facilitating compliance with the requirements of registration and notification for sex offenders and sexually violent predators and to ensure that compliance by requiring sex offenders to be placed upon supervised release following release from incarceration.
Acts 2006, No. 242, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:561.1. Applicability

RS 15:561.1 - Applicability
The provisions of this Chapter shall apply to any person convicted, on or after August 15, 2006, of a sex offense as defined in R.S. 15:541 when the victim is under the age of thirteen years.
Acts 2006, No. 242, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:561.2. Supervised release upon expiration of sentence

RS 15:561.2 - Supervised release upon expiration of sentence
A. A person convicted on or after August 15, 2006, of a sex offense as defined in R.S. 15:541 when the victim is under the age of thirteen years shall be placed upon supervised release as provided for by this Chapter whenever he is released from the custody of the Department of Public Safety and Corrections upon expiration of his sentence.
B. Any person placed on supervised release pursuant to the provisions of this Section shall be on supervised release for life from the date of release from incarceration. Notwithstanding any other provision of law to the contrary, any person who was placed upon supervised release pursuant to the provisions of this Section, may petition the sentencing court for a termination of the supervision.
Acts 2006, No. 242, §1; Acts 2008, No. 672, §2; Acts 2009, No. 205, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:561.3. Supervised release; division of probation and parole

RS 15:561.3 - Supervised release; division of probation and parole
A. Supervised release shall be administered by the division of probation and parole, Department of Public Safety and Corrections.
B. Supervised release officers shall be officers in the division of probation and parole, Department of Public Safety and Corrections, and shall be called supervised release officers for the purposes of this Chapter but shall have all powers and duties of parole officers as provided by law.
C. Supervised release officers shall be assigned to persons placed upon supervised release in accordance with rules adopted by the Department of Public Safety and Corrections pursuant to R.S. 15:561.6.
Acts 2006, No. 242, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:561.4. Duty to inform offender

RS 15:561.4 - Duty to inform offender
A. When a person is sentenced for a conviction of a sex offense and is required to be placed upon supervised release in accordance with the provisions of this Chapter, the court shall:
(1) Inform the person that he will be placed upon supervised release for life whenever he is released from the custody of the Department of Public Safety and Corrections upon expiration of his sentence.
(2) Inform the person of the conditions of supervised release as provided for in R.S. 15:561.5.
(3) Require the person to read and sign a form stating that the fact that the defendant will be placed upon supervised release and the conditions of supervised release have been explained.
B. When a person is placed on supervised release, a Department of Public Safety and Corrections officer shall:
(1) Inform the person that he will be placed upon supervised release for life.
(2) Inform the person of the conditions of supervised release as provided for in R.S. 15:561.5.
(3) Require the person to read and sign a form stating that the fact that the offender will be placed upon supervised release and the conditions of supervised release have been explained.
Acts 2006, No. 242, §1; Acts 2009, No. 205, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:561.6. Adoption of rules

RS 15:561.6 - Adoption of rules
A. The Department of Public Safety and Corrections shall adopt all rules necessary to implement the provisions of this Chapter.
B. All rules shall be adopted pursuant to the provisions of the Administrative Procedure Act.
Acts 2006, No. 242, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:561.7. Failure to comply with provisions of supervised release

RS 15:561.7 - Failure to comply with provisions of supervised release
A. A person who fails to comply with the conditions of supervised release as provided for in R.S. 15:561.5 shall, upon first conviction, be fined not more than one thousand dollars and imprisoned with hard labor for not less than two years nor more than ten years without benefit of parole, probation, or suspension of sentence.
B. Upon second or subsequent convictions, whoever fails to comply with the conditions of supervised release as provided for in R.S. 15:561.5 shall be fined three thousand dollars and imprisoned with hard labor for not less than five years nor more than twenty years without benefit of parole, probation, or suspension of sentence.
Acts 2006, No. 242, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:562. Findings; purpose

RS 15:562 - Findings; purpose
The legislature finds that persons who commit offenses involving arson, even after being released from incarceration or commitment, are of paramount governmental interest. The legislature further finds that local law enforcement officers' efforts to protect their communities, conduct investigations, and quickly apprehend persons who commit offenses involving arson are impaired by the lack of information available to law enforcement agencies about persons convicted of offenses involving arson, who live within the agencies' jurisdiction, and the penal and mental health components of our justice system are largely hidden from public view and that lack of information from either may result in failure of both systems to meet this paramount concern of public safety. Release of information about persons who commit offenses involving arson to public agencies will further the governmental interests of public safety and public scrutiny of the criminal and mental health systems so long as the information released is rationally related to the furtherance of those goals. Therefore, this state's policy is to assist local law enforcement agencies' efforts to protect their communities by requiring persons who commit offenses involving arson to register with the state fire marshal and to require the exchange of relevant information about persons who commit offenses involving arson among state, local, and federal public agencies and officials.
Acts 2010, No. 796, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:562.1. Definitions

RS 15:562.1 - Definitions
For the purposes of this Chapter, the following shall apply:
(1) "Conviction" means any disposition of charges adverse to the defendant, including a plea of guilty, deferred adjudication, adjudication withheld for the perpetration or attempted perpetration of or conspiracy to commit an offense involving arson. "Conviction" shall not include a decision not to prosecute, a dismissal, or an acquittal, except when the acquittal is due to a finding of not guilty by reason of insanity and the person was committed. However, a dismissal entered after a period of probation, suspension, or deferral of sentence shall be included in the definition of "conviction" for purposes of this Chapter.
(2) "Disposition" means the formal conclusion of a criminal proceeding at whatever stage it occurs in the criminal justice system.
(3) "Offense involving arson" includes the following:
(a) Aggravated arson (R.S. 14:51).
(b) Simple arson (R.S. 14:52).
(c) Simple arson of a religious building (R.S. 14:52.1).
(d) Arson with intent to defraud (R.S. 14:53).
(e) Communicating of false information of planned arson (R.S. 14:54.1).
(f) Manufacture and possession of delayed action incendiary devices (R.S. 14:54.2).
(g) Manufacture and possession of a bomb (R.S. 14:54.3).
(h) Fake explosive device (R.S. 14:54.5).
(i) Injury by arson (R.S. 14:51.1).
(j) Negligent arson (R.S. 14:52.2).
(4) "Residence" means a dwelling where an offender regularly resides, regardless of the number of days or nights spent there. For those offenders who lack a fixed abode or dwelling, "residence" shall include the area or place where the offender habitually lives, including but not limited to a rural area with no address or a shelter.
Acts 2010, No. 796, §1; Acts 2014, No. 140, §1; Acts 2018, No. 576, §2, eff. May 31, 2018.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:562.2. Powers and duties of state fire marshal

RS 15:562.2 - Powers and duties of state fire marshal
A. In addition to any other powers and duties conferred in this Chapter, the state fire marshal shall:
(1) Be responsible for the policy management and administration of the registration of persons who commit offenses involving arson to support investigations, enforcement and prevention of activities involving arson.
(2) Have the authority to enforce the provisions of this Chapter.
B. The state fire marshal may promulgate rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Chapter.
Acts 2010, No. 796, §1; Acts 2014, No. 140, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:562.3. Registration of arson offenders

RS 15:562.3 - Registration of arson offenders
A. Any person over the age of seventeen residing in this state who has been convicted of an offense involving arson as defined in R.S. 15:562.1 shall be required to register with the state fire marshal.
B.(1) The offender shall register and provide all of the following information to the state fire marshal:
(a) Name and any aliases used by the offender.
(b) Physical address or addresses of residence.
(c) Two forms of proof of residence for each residential address provided, including but not limited to a driver's license, bill for utility service, and bill for telephone service. If those forms of proof of residence are not available, the offender may provide an affidavit of an adult resident living at the same address. The affidavit shall certify that the affiant understands his obligation to provide written notice pursuant to R.S. 15:562.5.
(d) The crime for which he was convicted and the date and place of such conviction, and if known by the offender, the court in which the conviction was obtained, the docket number of the case, the specific statute under which he was convicted, and the sentence imposed.
(e) A current photograph of himself.
(f) Telephone numbers, including fixed location phone and mobile phone numbers assigned to the offender or associated with any residence address of the offender.
(g) A description of every vehicle registered to or operated by the offender, including license plate number and a copy of the offender's driver's license or identification card.
(h) Social security number and date of birth.
(i) Past or current employment, membership, or association with a public safety agency or emergency service organization.
(2) Every offender required to register in accordance with this Chapter shall appear in person and provide the information required by Paragraph (1) of this Subsection to the state fire marshal or his designee within thirty business days of establishing residence in Louisiana, or if a current resident, within thirty business days after conviction or adjudication if not immediately incarcerated or taken into custody after conviction or adjudication. If incarcerated, once released from confinement, every offender shall appear in person within thirty business days to register with the state fire marshal or his designee pursuant to the provisions of this Section.
(3) Knowingly providing false information to the state fire marshal pursuant to the provisions of this Chapter shall constitute a failure to register pursuant to R.S. 15:562.5(A)(1).
Acts 2010, No. 796, §1; Acts 2014, No. 140, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:562.4. Duty of offenders to notify law enforcement of change of address, residence, or other registration information

RS 15:562.4 - Duty of offenders to notify law enforcement of change of address, residence, or other registration information
A. Those persons required to register pursuant to the provisions of this Chapter shall appear in person at the fire marshal's office or his designee's office within thirty business days of establishing a new or additional physical residential address or of changes in information previously provided when any of the following occur:
(1) The offender changes his place of residence or establishes a new or additional residence.
(2) The offender has vacated his current address of registration with the intent not to return.
(3) The offender has been absent from his current address of registration for more than ninety consecutive days or an aggregate of ninety days or more per calendar year and is physically present at another address during that same time period.
(4) The offender has a change in name.
B. The notice of change of address required by this Section shall include proof of residence as required by R.S. 15:562.3(B)(1)(c).
C. Any person who commits an offense involving arson who fails to provide change of address or other information as provided in this Section shall be subject to criminal prosecution as provided in R.S. 15:562.5.
Acts 2010, No. 796, §1; Acts 2014, No. 140, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:562.5. Failure to register; penalties

RS 15:562.5 - Failure to register; penalties
A. A person who fails to register, periodically renew and update registration, provide proof of residence or notification of change of address or other registration information, as required by the provisions of this Chapter, and a person who knowingly provides false information to the state fire marshal as provided in R.S. 15:562.3(B)(3), shall be fined not more than one thousand dollars, imprisoned for not more than six months, or both.
B.(1) Any person who certifies by affidavit the location of the residence of the offender shall send written notice to the state fire marshal. This notification shall be made any time the offender is absent from the residence for a period of ninety days or more, or the offender vacates the residence with the intent to establish a new residence at another location. This notification shall be sent within thirty days of the offender vacating the residence with the requisite intent.
(2) Any person who fails to provide the notice required by this Subsection shall be fined not more than five hundred dollars, imprisoned for not more than six months, or both.
Acts 2010, No. 796, §1; Acts 2014, No. 140, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:562.6. Duration of registration and notification period

RS 15:562.6 - Duration of registration and notification period
A person required to register pursuant to the provisions of this Chapter shall comply with the requirement for ten years from the date of initial registration for a first offense and for the duration of the lifetime of the offender for a second or subsequent offense, unless the underlying conviction is reversed, set aside, or vacated.
Acts 2010, No. 796, §1; Acts 2014, No. 140, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:563.2. §563.2. Duration of registration and notification period

RS 15:563.2 - Duration of registration and notification period
A person required to register pursuant to the provisions of this Chapter shall comply with the requirement for ten years from the date of initial registration for a first offense and for the duration of the lifetime of the offender for a second or subsequent offense, unless the underlying conviction is reversed, set aside, or vacated.
Acts 2023, No. 460, §1, eff. July 1, 2024.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:565. Duty of sheriff

RS 15:565 - Duty of sheriff
The sheriff, as soon as any sentence to imprisonment, without hard labor, or to imprisonment without hard labor in default of the payment of fine and costs, shall have become final, shall, unless the governor shall have reprieved the person convicted, proceed forthwith to the execution of said sentence.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:566. Pendency of appeal, payments; delivery to penitentiary

RS 15:566 - Pendency of appeal, payments; delivery to penitentiary
A. The Department of Corrections shall pay the sum of eighteen dollars and twenty-five cents per day to the sheriff of each parish, or to the governing authority of those parishes in which said authority operates the parish jail, for feeding and maintaining each prisoner who has been convicted of a crime and sentenced to imprisonment at a state penitentiary, who is held in the parish jail without bail, pending an appeal. Each sheriff shall file a monthly report with the Department of Corrections and the local governing authority and shall be paid for such charges on a monthly basis by the Department of Corrections. However, in the parish of Orleans, said payment shall be to the criminal sheriff of the parish of Orleans, to be reimbursed to the city of New Orleans.
When the Department of Corrections makes payment in accordance with this Subsection, no additional compensation from the parish governing authority shall be paid for the care of such prisoners.
B. The sheriff or his duly qualified deputy, within thirty days of the date upon which sentence to imprisonment at hard labor has been imposed, shall deliver the prisoner to the state correctional institution designated by the Department of Corrections, unless:
(1) The governor shall have reprieved said prisoner; or
(2) The prisoner is retained in the parish pursuant to R.S. 15:824(B) or R.S. 15:832; or
(3) The prisoner has been admitted to post-conviction bail; or
(4) The prisoner has obtained an order of appeal and the secretary of the Department of Corrections agrees to take custody of the prisoner. In other cases in which an order of appeal is obtained, the sheriff shall deliver the prisoner to the department within fifteen days of the date upon which the highest court of the state to which the prisoner may appeal as of right has affirmed the conviction and sentence. If the prisoner has filed a timely application for rehearing, the sheriff shall deliver the prisoner within fifteen days of the date upon which the rehearing is denied. Application for writs of certiorari or review to the state supreme court shall not prevent transfer under the provisions of this Subparagraph; or
(5) The court, for good cause, stays for a specified period a transfer to the Department of Corrections pursuant to Paragraph (4) above.
C. The sheriff of the parish in which the prisoner has been convicted, or his duly qualified and regularly employed deputy, shall deliver with the prisoner all documents and statements required by Article 892 of Chapter 1 of Title 30 of the Louisiana Code of Criminal Procedure. If said documents are not tendered with the prisoner, the Department of Corrections shall refuse delivery of said prisoner.
Amended by Acts 1978, No. 569, §1, eff. July 12, 1978; Acts 1980, No. 287, §1, eff. July 1, 1982; Acts 1980, No. 776, §1, eff. July 31, 1980; Acts 1982, No. 852, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:566.2. Commencing of sentence to state penitentiary

RS 15:566.2 - Commencing of sentence to state penitentiary
Whenever a prisoner is sentenced to imprisonment in the state penitentiary, and has not been released on bail or perfected a suspensive appeal, such sentence shall be considered as commencing on the day following the day on which such prisoner is sentenced without regard to the actual date of incarceration in the state penitentiary.
Added by Acts 1954, No. 694, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:567. Conditions precedent to execution

RS 15:567 - Conditions precedent to execution
A. Whenever the Supreme Court of Louisiana affirms a sentence of death, after review on appeal provided by Louisiana Code of Criminal Procedure Article 905.9, the court of original jurisdiction shall cause to be forwarded to the secretary of the Department of Public Safety and Corrections a certified copy of the indictment, verdict, sentence, and the judgment of the Supreme Court of Louisiana affirming the sentence of death.
B. The court of original jurisdiction shall also issue a warrant commanding the secretary to cause the execution of the person condemned as provided by law. The warrant shall specify the date upon which the person condemned shall be put to death, which date shall be not less than sixty days nor more than ninety days from the date the warrant is issued. Upon receipt of the warrant the secretary shall cause a copy of the warrant to be delivered to the person condemned. A certified copy of the warrant shall be mailed, return receipt requested, to the governor and the return receipt filed in the record.
C. If any federal or Louisiana court grants a stay of execution, or if the governor of Louisiana grants a reprieve, the trial court shall reset the execution date at not less than thirty days nor more than forty-five days from the dissolution of the stay order, or termination or expiration of the reprieve.
D. The execution of a female who has been clinically diagnosed as being pregnant shall be suspended. The trial court shall reset the execution date at not less than ninety days nor more than one hundred twenty days from the date of delivery of the baby, a miscarriage, or voluntary termination of the pregnancy.
E. The failure of the trial court to fix an execution date within the time limits of this Section shall not affect the validity of a sentence of death. In such a case, the attorney general shall bring a mandamus proceeding in any court of competent jurisdiction to have the trial court set the execution date at not less than thirty days nor more than forty-five days from the date of issuance of the mandamus order.
Amended by Acts 1956, Ex.Sess., No. 18, §1; Acts 1978, No. 758, §1; Acts 1980, No. 518, §1; Acts 1981, No. 585, §1, eff. July 20, 1981; Acts 1985, No. 178, §1, eff. July 6, 1985; Acts 1989, No. 740, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:568. Execution of death sentence; prior confinement of offender

RS 15:568 - Execution of death sentence; prior confinement of offender
The secretary of the Department of Public Safety and Corrections, or a competent person selected by him, shall execute the offender in conformity with the death warrant issued in the case. Until the time of his execution, the Department of Public Safety and Corrections shall incarcerate the offender in a manner affording maximum protection to the general public, the employees of the department, and the security of the institution.
Amended by Acts 1956, Ex.Sess., No. 18, §1; Acts 1974, No. 199, §1; Acts 2012, No. 172, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:569. Place for execution of death sentence; manner of execution

RS 15:569 - Place for execution of death sentence; manner of execution
A. Every sentence of death executed in this state prior to September 15, 1991, shall be by electrocution, that is, causing to pass through the body of the person convicted a current of electricity of sufficient intensity to cause death, and the application and continuance of such current through the body of the person convicted until such person is dead. Every sentence of death imposed in this state shall be executed at the Louisiana State Penitentiary at Angola. Every execution shall be made in a room entirely cut off from view of all except those permitted by law to be in said room.
B. Every sentence of death executed on or after September 15, 1991, shall be by lethal injection; that is, by the intravenous injection of a substance or substances in a lethal quantity into the body of a person convicted until such person is dead. Every sentence of death imposed in this state shall be executed at the Louisiana State Penitentiary at Angola. Every execution shall be made in a room entirely cut off from view of all except those permitted by law to be in said room.
C. No licensed health care professional shall be compelled to administer a lethal injection.
D. The provisions of the Administrative Procedure Act, R.S. 49:950, et seq., shall not apply to the procedures and policies concerning the process for implementing a sentence of death.
Amended by Acts 1956, No. 143, Acts 1956, Ex.Sess., No. 18, §1; Acts 1990, No. 717, §1; Acts 1991, No. 159, §1; Acts 2010, No. 889, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:569.1. Hours for execution of death sentence

RS 15:569.1 - Hours for execution of death sentence
Every sentence of death imposed in this state shall be executed between the hours of 6:00 p.m. and 9:00 p.m. upon the date set for the execution by the court of original jurisdiction.
Added by Acts 1952, No. 160, §1. Amended by Acts 1980, No. 518, §1; Acts 1999, No. 1149, §1; Acts 2002, 1st Ex. Sess., No. 145, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:571. Proces verbal of execution; attesting and filing

RS 15:571 - Proces verbal of execution; attesting and filing
When the sentence shall have been executed, the warden of the Louisiana State Penitentiary at Angola, or his deputy performing the execution, shall make a proces verbal of said execution immediately thereafter, which proces verbal shall recite the manner and date of said execution and shall be attested by said warden, or his deputy, and by all of the witnesses, and said proces verbal, when so signed, shall be filed with the clerk of court of the parish in which the sentence shall have been imposed.
Amended by Acts 1956, Ex.Sess., No. 18, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:571.1. §§571.1, 571.2 Repealed by Acts 1966, No. 310, §5, eff. Jan. 1, 1967.

RS 15:571.1 - §§571.1, 571.2 Repealed by Acts 1966, No. 310, §5, eff. Jan. 1, 1967.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:571.5. Supervision upon release after diminution of sentence for good behavior; conditions of release; revocation

RS 15:571.5 - Supervision upon release after diminution of sentence for good behavior; conditions of release; revocation
A. When a prisoner committed to the Department of Public Safety and Corrections is released because of diminution of sentence pursuant to this Part, he shall be released as if released on parole.
B.(1) Before any prisoner is released on parole upon diminution of sentence, he shall be issued a certificate of parole that enumerates the conditions of parole. These conditions shall be explained to the prisoner and the prisoner shall agree in writing to such conditions prior to his release on parole.
(2) For any prisoner released because of diminution of sentence pursuant to this Part on or after August 1, 2020, the committee on parole may impose special conditions of supervision which include participation in additional programming by the prisoner as determined to be necessary by a validated risk-assessment tool approved by the department.
(3) The person released because of diminution of sentence pursuant to this Part shall be supervised in the same manner and to the same extent as if he were released on parole. The supervision shall be for the remainder of the original full term of sentence. If a person released because of diminution of sentence pursuant to this Part violates a condition imposed by the parole committee, the committee shall proceed in the same manner as it would to revoke parole to determine if the release upon diminution of sentence should be revoked.
C. If such person's parole is revoked by the parole committee for violation of the terms of parole, the person shall be recommitted to the department for the remainder of the original full term, subject to credit for time served for good behavior while on parole.
Added by Acts 1981, No. 762, §1, eff. July 1, 1982; Acts 1991, No. 138, §1, eff. Jan. 1, 1992; Acts 1992, No. 690, §1; Acts 1992, No. 962, §2; Acts 2010, No. 792, §1; Acts 2011, No. 186, §3; Acts 2012, No. 714, §8; Acts 2019, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:571.7. Supervision upon release from parish prison after diminution of sentence for good behavior; conditions of release; revocation

RS 15:571.7 - Supervision upon release from parish prison after diminution of sentence for good behavior; conditions of release; revocation
A. When a prisoner who has been sentenced to a parish prison in Orleans Parish is released because of diminution of sentence pursuant to this Part, he shall be released as if released on parole.
B. A prisoner released in accordance with Subsection A herein shall be supervised by the sheriff, the keeper of the parish prison if not the sheriff, or, in Orleans Parish, the criminal sheriff of Orleans Parish. Such supervision shall be for the remainder of the original full term of the prisoner's sentence and shall be performed in the same manner and to the same extent as supervision of a prisoner committed to the Department of Public Safety and Corrections who is released on parole.
C. The supervisor may make rules for the conduct of a prisoner while he is on release and may also require, either at the time of release or at any time while on release, that the prisoner conform to any of the following conditions:
(1) Residence in a community rehabilitation center.
(2) Restitution to a victim of the crime for which release is being sought, if such victim has suffered a direct pecuniary loss as a result of the crime. The supervisor shall take into account the prisoner's ability to pay and shall not revoke release based upon this condition unless the prisoner has willfully failed to comply.
(3) Community service work, as determined by the supervisor.
(4) Payment into a victim compensation fund, if such fund is established, in a manner and amount specified by law.
(5) Obtaining gainful employment.
(6) Continuing education or vocational training.
(7) Participation in a substance abuse treatment facility program or other counselling program.
(8) Any other condition which may presently be applied under R.S. 15:574.4(H) and (L) to a prisoner committed to the Department of Public Safety and Corrections who is released on parole.
D. A prisoner released in accordance with this Section shall be subject to having the release revoked for violation of the release conditions. The supervisor shall establish rules and regulations governing the revocation of release.
E. Upon revocation of release, the prisoner shall be recommitted to the parish prison and shall serve the remaining full term of his sentence.
Added by Acts 1982, No. 574, §1. Acts 1989, No. 194, §2; Acts 1991, No. 289, §7; Acts 2011, 1st Ex. Sess., No. 18, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:571.15. Venue

RS 15:571.15 - Venue
Venue in any action in which an individual committed to the Department of Public Safety and Corrections contests the computation of his sentence or sentences, discharge, good time dates, or any action concerning parole shall be in the parish of East Baton Rouge. Venue in a suit contesting the actions of the committee on parole shall be controlled by this Part and R.S. 15:574.2 and 574.11 and not by the Code of Criminal Procedure, Title XXXI-A, Post Conviction Relief, or Title IX, Habeas Corpus, regardless of the captioned pleadings stating the contrary.
Added by Acts 1979, No. 720, §2, eff. July 20, 1979; Acts 1990, No. 670, §1; Acts 2012, No. 714, §8.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:571.21. Deposit of fees and assessments

RS 15:571.21 - Deposit of fees and assessments
A. All probation supervision fees received by the department pursuant to Code of Criminal Procedure Article 895.1(C) shall be deposited immediately upon receipt into the state treasury.
B. For all monetary assessments imposed as a condition of probation or parole except supervision fees, the division of probation and parole shall assess a collection fee of ten percent of the funds due, which shall be added to the total amount of funds due. The ten percent collection fee shall be appropriated to the Department of Public Safety and Corrections to be reinvested in additional resources for the division of probation and parole including salaries for probation and parole officers.
C. In addition to the provisions set forth in R.S. 47:299.21, the secretary of the department is authorized to enter into contracts with private collection contractors to collect past due fees owed to the department by offenders, regardless of whether the offenders are currently on active supervision. Nothing in this Subsection shall prohibit the department from utilizing its own personnel to collect fees that are past due.
Acts 1985, No. 383, §1, eff. July 10, 1985; Acts 1986, No. 183, §1; Acts 1987, No. 335, §1; Acts 1992, No. 984, §5; Acts 2012, No. 11, §1; Acts 2018, No. 267, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:571.22. Limitation of liability; release of information

RS 15:571.22 - Limitation of liability; release of information
Any probation and parole officer or specialist who releases or uses information contained in the case files of criminal offenders under his supervision, after first obtaining written consent of the district manager having jurisdiction over the offender, for the purpose of protecting the public shall be immune from civil or criminal liability that may otherwise be incurred or imposed. The immunity provided by this Section shall only apply when the officer or specialist acts in good faith and shall not extend to any such person who releases or uses information which is known to be false or releases or uses information with reckless disregard for its truth.
Acts 1997, No. 1437, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:571.31. Alternatives to traditional imprisonment; findings; purposes

RS 15:571.31 - Alternatives to traditional imprisonment; findings; purposes
A. The legislature finds that the safety and welfare of the people of this state; the interests of the criminal justice community in prisoner security, humane and just conditions for prisoners, reduced recidivism, and rehabilitation of criminal offenders; and the need for more efficient and effective use of limited state resources may all be well served by the use of nontraditional approaches to the incarceration of prisoners.
B. In view of Subsection A of this Section, it is the purpose of this Part to assure that a practical examination of the use of such nontraditional approaches is undertaken by the Department of Public Safety and Corrections and considered by the legislature and the governor.
Acts 1990, No. 553, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:571.33. Extension or alteration of pilot; approval of the budget committee; statewide implementation

RS 15:571.33 - Extension or alteration of pilot; approval of the budget committee; statewide implementation
The pilot project undertaken as required in this Part may be varied, extended, or dissolved prior to evaluation only if approved by the Joint Legislative Committee on the Budget and the governor.
Acts 1990, No. 553, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:571.34. Alternative to traditional imprisonment; prisoners who are elderly or infirm

RS 15:571.34 - Alternative to traditional imprisonment; prisoners who are elderly or infirm
A. Not later than October 1, 1997, contingent upon legislative appropriation, the Department of Public Safety and Corrections shall implement a pilot project using an alternative mode of incarceration to traditional imprisonment involving electronic monitoring for executing the sentences of certain offenders who are elderly or infirm as determined by the department. The project shall provide for active electronic monitoring of the prisoner.
B.(1) The pilot project undertaken pursuant to this Section shall be implemented in not less than three areas of the state. Each area shall be unique from the others regarding its location and the size of its population.
(2) The pilot project undertaken pursuant to this Section shall include the use of electronic monitoring devices.
C.(1) The pilot project 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) All evaluations shall be presented to the Joint Legislative Committee on the Budget, the House Committee on Administration of Criminal Justice, and the Senate Committee on the Judiciary, Section C, as well as to the governor. The first such evaluation shall be reported not later than thirty days prior to the first day of the 1998 Regular Session of the Legislature.
Acts 1997, No. 1180, §1, eff. July 14, 1997; Acts 2014, No. 811, §7, eff. June 23, 2014.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:571.41. Purpose

RS 15:571.41 - Purpose
It is the purpose of this Part to authorize each judicial district to facilitate the creation of job intervention programs in the various district courts of this state to do the following:
(1) To reduce criminal recidivism.
(2) To increase the personal responsibility and accountability of first-time offenders to their families and to society through gainful employment.
(3) To instill in first-time offenders a belief in their own value and potential through the development of job readiness skills.
(4) To promote effective interaction and use of resources among criminal justice personnel and community employers.
(5) To reduce the overcrowding of prisons.
Acts 2003, No. 803, §1, eff. July 1, 2003.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:571.42. Definitions

RS 15:571.42 - Definitions
For the purposes of this Part:
(1) "Conditions of probation" means the specification of formal terms and conditions which a defendant shall fulfill in order to have the charges against him dismissed in accordance with the provisions of Code of Criminal Procedure Article 894.
(2) "Job intervention program" means a supervised employment program of probation established by rule in a judicial district pursuant to this Part.
(3) "Probation" means referral of a defendant who has entered a plea of guilty in a misdemeanor or noncapital felony case to a supervised probation program as provided in Code of Criminal Procedure Article 894.
(4) "Probationer" means a person who has been accepted into a job intervention program.
Acts 2003, No. 803, §1, eff. July 1, 2003.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:571.43. Job intervention programs

RS 15:571.43 - Job intervention programs
A. Each judicial district court by rule may establish a job intervention program to be administered by the presiding judge or judges thereof or by an employee designated by the court.
B. Participation in such programs shall be subject to the following provisions, and to the provisions of R.S. 15:571.44:
(1) The district attorney may propose to the court that an individual defendant be screened for eligibility as a participant in the job intervention program if both of the following criteria are satisfied:
(a) The defendant is a first-time offender charged with a non-violent offense as provided by R.S. 15:571.44(F) for which the court may suspend the imposition or execution of the sentence, when suspension is allowed under the law, and place the defendant on probation under the supervision of the division of probation and parole.
(b) It is in the best interest of the community and in the interest of justice to place the defendant in an employment program as opposed to incarceration or other sanctions.
(2) Upon receipt of the proposal provided for in Paragraph (1) of this Subsection, the court shall advise the defendant that the defendant may be eligible for enrollment in a court-authorized job intervention program.
Acts 2003, No. 803, §1, eff. July 1, 2003.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:571.45. Probation agreement

§571.45 Probation agreement
A. A defendant who has requested entry into the job intervention program and been determined to be eligible shall sign a probation agreement stating the terms and conditions of his program. The terms of each probation agreement shall be decided by the judge.
B. A probation agreement entered into pursuant to this Section shall include the following:
(1) The terms of the agreement, which shall provide that if the court determines the defendant has fulfilled the obligations of the agreement, then the criminal charges shall be dismissed and the prosecution set aside in accordance with the provisions of Code of Criminal Procedure Article 894, or, if the defendant has been sentenced following the plea of guilty, the discharge of the defendant from continued supervision.
(2) A waiver by the defendant of the right to trial by jury under the laws and constitution of Louisiana and the United States.
(3) The defendant's full name and the defendant's full name at the time the charge was filed, if different.
(4) The defendant's sex and date of birth.
(5) The crime charged.
(6) The date the charge was filed.
(7) The court in which the agreement was filed.
(8) A stipulation of the defendant and the district attorney of facts upon which the charge was based.
(9) A requirement for payment of a probation supervision fee.
(10) A requirement for payment of restitution to the victim, if applicable.
(11) A copy of any plea agreement.
Acts 2003, No. 803, §1, eff. July 1, 2003.