Louisiana Administrative Code
Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT
Part I - Corrections
Chapter 4 - Division of Probation and Parole
Section I-407 - Sex Offender Payment for Electronic Monitoring
Universal Citation: LA Admin Code I-407
Current through Register Vol. 50, No. 9, September 20, 2024
A. Purpose - to state the secretary's policy regarding a sex offender's ability to pay for electronic monitoring.
B. Applicability-deputy secretary, undersecretary, chief of operations, regional wardens, wardens and director of probation and parole. Each unit head is responsible for ensuring that appropriate unit written policy and procedures are in place to comply with the provisions of this regulation.
C. Policy. It is the secretary's policy to provide for close control and/or tracking of sex offender movement and to utilize electronic monitoring to achieve this within resource limits.
D. Definitions
1.
Child Sexual Predator-a
judicial determination as provided for in
R.S.
15:560 et seq. for an offender who has been
convicted of a sex offense as defined in
R.S.
15:541(12) and/or (24) and
who is likely to engage in additional sex offenses against children because he
has a mental abnormality or condition which can be verified or because he has a
history of committing crimes, wrongs or acts involving sexually assaultive
behavior or acts which indicate a lustful disposition toward
children.
2.
Sex
Offender-an offender committed to the custody of the Department of
Public Safety and Corrections for a crime enumerated in
R.S.
15:541(24). A conviction for
any offense provided for in this definition includes a conviction for the
offense under the laws of another state, or military, territorial, foreign,
tribal, or federal law equivalent to such offense. An individual convicted of
the attempt or conspiracy to commit any of the defined sex offenses shall be
considered a sex offender for the purpose of this regulation.
3.
Sexually Violent
Predator-a judicial determination as provided for in
R.S.
15:560 et seq., for an offender who has been
convicted of an offense as defined in
R.S.
15:541(12) and/or (24) and
who has a mental abnormality or anti-social personality disorder which makes
the person likely to engage in predatory sexually violent offenses.
E. Procedures
1. Sex offenders shall be placed on
electronic monitoring based on the following levels of priority:
a. sex offenders with victims under the age
of 13 years pursuant to
R.S.
14:43.1(C)(2) and (3),
14:43.2(C)(2) and (3), 14:43.3(C), 14:78.1(D), 14:81.1(D)(1) and (3) and
14:81.2(E);
b. child sexual
predators and sexually violent predators based upon a judicial determination
made in accordance with established policy and procedures. Pursuant to the
provisions of
R.S.
15:560.4, these sex offenders shall be
required to be electronically monitored utilizing electronic location
tracking;
c. sex offenders under
supervision by the division of probation and parole who pose a high level of
risk due to indicators such as past and present criminal behavior/arrests,
citizen complaints/reports, officer observation and/or other related risk
indicators.
2. Each sex
offender being electronically monitored shall pay the cost of such monitoring.
The cost attributable to the monitoring of a sex offender who has been
determined unable to pay shall be borne by the department if, and only to the
degree that such funds are made available by appropriation of state funds or
from any other source.
a. A sliding scale of
payment may be imposed if the offender is unable to pay all (or any portion) of
such costs. The division of probation and parole shall determine the offender's
ability to pay by considering income to include all earned and unearned income
(i.e. benefits, such as unemployment, disability, retirement, real estate) and
all assets and basic living expenses and care of dependents, excluding mandated
judgments. Factors to be considered may also include public assistance, such as
food stamps, Temporary Assistance for Needy Families, Medicaid, public housing
and earnings of less than 200 percent of the federal poverty
guideline.
b. Whenever the sex
offender cannot fully pay the costs, the determination of ability to pay and
amount of payment will be made by the supervising officer with the approval of
his supervisor or the district administrator or designee.
c. Failure to comply with established payment
responsibilities when it is determined the sex offender had sufficient income
shall be deemed a major violation and dealt with according to the division of
probation and parole's policies and procedures.
AUTHORITY NOTE: Promulgated in accordance with R.S. 15:560.4(B), (C), and (D).
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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