Louisiana Administrative Code
Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT
Part I - Corrections
Chapter 4 - Division of Probation and Parole
Section I-403 - Supervised Release of Sex Offenders upon Expiration of Sentence
Universal Citation: LA Admin Code I-403
Current through Register Vol. 50, No. 9, September 20, 2024
A. Purpose-to state the secretary's policy regarding the supervised release of sex offenders upon expiration of sentence pursuant to legislative intent.
B. Applicability-deputy secretary, assistant secretary and the Director of Probation and Parole. The Director of Probation and Parole is responsible for ensuring that appropriate unit written policy and procedures are in place to comply with the provisions of this regulation and to convey its contents to appropriate staff and any and all affected sex offenders under supervision pursuant to this regulation.
C. Policy-it is the secretary's policy that a uniform procedure be established and adhered to relative to the supervised release of certain sex offenders who have been released from the custody of the department upon expiration of sentence.
D. Definition
Probation and Parole Officer-for the purpose of this regulation, shall include supervised release officers, Department of Public Safety and Corrections officers and supervising officers as these terms are utilized in R.S. 15.561.1 through 7. Probation and parole officers are employed by the Division of Probation and Parole and have all the powers and duties of probation and parole officers as provided by law.
E. General Procedures
1. A person convicted on or after August 15,
2006, and releasing on or after August 15, 2008, of a sex offense as defined in
R.S.
15:541 when the victim is under the age of
thirteen years, as stated on the bill of information, shall be placed upon
supervised release for life when he is released from the custody of the
Department of Public Safety and Corrections upon expiration of his sentence.
Not withstanding any other provision of law to the contrary, any person who is
placed upon supervised release may petition the sentencing court for a
termination of the supervision.
2.
Supervised release shall be administered by the Division of Probation and
Parole.
3. When a sex offender is
placed on supervised release pursuant to the provisions of this regulation, the
probation and parole officer shall:
a. inform
the sex offender that he will be placed upon supervised release for the
duration of his natural life;
b.
inform the sex offender of the conditions of supervised release as provided for
in R.S.
15:561.5 (see Subsection F of this
Section);
c. require the sex
offender to read and sign a Notification of Supervised Release Certificate to
verify the fact that the sex offender will be placed upon supervised release
and that the conditions of the supervised release have been explained to
him.
F. Supervised Release Conditions
1. A sex
offender placed on supervised release pursuant to the provisions of this
regulation shall comply with the following conditions:
a. report immediately to the Division of
Probation and Parole district office which is listed on the certificate of
supervised release;
b. establish a
schedule of a minimum of one meeting per month with the probation and parole
officer to provide the officer with his current address, e-mail address or
addresses, instant message name or names, date of birth, place of employment
and verification of compliance with all registration and notification
requirements of a sex offender as required by statute;
c. be subject to periodic visits with the
probation and parole officer without prior notice;
d. abide by any curfew set by the probation
and parole officer;
e. refrain from
using or possessing any controlled dangerous substance or alcoholic beverage
and submit, at the sex offender's expense, to screening, evaluation and
treatment for controlled dangerous substances or alcohol abuse as directed by
the probation and parole officer;
f. refrain from using or possessing any
pornographic or sexually explicit materials. "Pornographic or sexually explicit
materials" means any paper, magazine, book, newspaper, periodical, pamphlet,
composition, publication, photograph, drawing, phonograph record, album,
cassette, wire or tape recording, compact disc, digital versatile disc, digital
video disc or any other form of visual technology or other similar tangible
work or thing which is devoted to or principally consists of descriptions or
depictions of illicit sex or sexual immorality, the graphic depiction of sex,
including but not limited to the visual depiction of sexual activity or nudity,
ultimate sexual acts, normal or perverted, actual, simulated or animated,
whether between human beings, animals or an animal and a human being;
g. report to the probation and parole officer
when directed to do so;
h. not
associate with persons known to be engaged in criminal activities or with
persons known to have been convicted of a felony without written permission of
the probation and parole officer;
i. in all respects, conduct himself
honorably, work diligently at a lawful occupation and support his dependents,
if any, to the best of his ability;
j. promptly and truthfully answer all
inquires directed to him by the probation and parole officer;
k. live and remain at liberty and refrain
from engaging in any type of criminal conduct;
l. not have in his possession or control any
firearms or dangerous weapons;
m.
submit himself to available medical, psychiatric or mental health examination
and treatment for offenders convicted of sex offenses when deemed appropriate
and ordered to do so by the probation and parole officer;
n. defray the cost, or any portion thereof,
of the supervised release by making payments to the department in a sum and
manner determined by the department, based upon the offender's ability to
pay;
o. submit a residence plan for
approval by the probation and parole officer;
p. submit himself to continued supervision,
either in person or through remote monitoring, of all of the following internet
related activities:
i. the sex offender's
incoming and outgoing e-mail and other internet-based communications;
ii. the sex offender's history of websites
visited and the content accessed; and
iii. the periodic unannounced inspection of
the contents of the sex offender's computer or any other computerized device or
portable media device and the removal of such information, computer, computer
device or portable media device to conduct a more through inspection;
q. comply with such other specific
conditions as are appropriate, stated directly and without ambiguity so as to
be understandable to a reasonable man.
2. Sex offenders on supervised release
pursuant to this regulation shall be subject to the same probation and parole
policies and procedures as any other sex offender on probation or parole
supervision.
G. Sanctions for Failure to Comply
1. Sex
offenders on supervised release who fail to comply with the conditions of their
release and supervision as provided for in Subsection F shall be referred to
the district attorney for prosecution of the new charge pursuant to
R.S.
15:561.7.
2. Upon a first conviction of
R.S.
15:561.7, the sex offender shall be fined not
more than one thousand dollars and imprisoned with hard labor for not less than
2 years nor more than 10 years without benefit of parole, probation or
suspension of sentence.
3. Upon a
second or subsequent conviction of
R.S.
15:561.7, the sex offender shall be fined
three thousand dollars and imprisoned with hard labor for not less than 5 years
or more than 20 years without benefit of parole, probation or suspension of
sentence.
AUTHORITY NOTE: Promulgated in accordance with R.S. 49:950.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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