Honore (HB 59) Act No. 183

Prior law provided that an offender may be awarded up to 90 days toward the reduction ofthe projected good time parole supervision date for satisfactory participation in certifiedtreatment or rehabilitation programs, but no offender shall receive more than 250 days totalearned credits for program participation.

New law increases the total number of credits that may be earned by an individual offenderfor participation in such programs from 250 days to 360 days.

Effective August 1, 2013.

(Amends R.S. 15:828(B))

Page 1 of 1

Howard (HB 117) Act No. 302

Existing law authorizes the 19th JDC, the 22nd JDC, and the Criminal District Court for theparish of Orleans to create a reentry division which would be responsible for developing aworkforce development sentencing program with specific qualifications and requirements.

New law authorizes the 11th JDC to establish a reentry division of court.

Effective August 1, 2013.

(Adds R.S. 13:5401(C)(4))

Jay Morris (HB 145) Act No. 132

Existing law provides that any person who is convicted of an offense under the laws ofanother state and who establishes a residence in La. shall be required to register as a sexoffender and provide notification pursuant to La. sex offender registration and notificationprovisions.

Existing law further provides that a person who is convicted under the laws of another statewho is required to register as a sex offender pursuant to La. law shall do so for the period oftime required by his state of conviction or for the period of time required by La., whicheverperiod is longer.

Existing law requires the bureau to determine the period of registration and the frequency ofin-person periodic renewals which would be applicable to such offenders while residing inLa. based on a comparison of the elements of the offense of conviction or adjudication withthe elements of the most comparable La. offense.

Existing law provides that until the bureau makes this determination, the offender shallappear for in-person renewals every three months and, thereafter, the frequency with whichhe is required to appear will be based upon the determination by the bureau.

New law retains existing law but provides that if the period of registration required by theoffender's jurisdiction of conviction is for the duration of the offender's lifetime, the bureaushall not be required to determine which time period of registration and the frequency of in-person periodic renewals which would be applicable to the offender while residing in La. asrequired by existing law. The duration of the registration for any such offender shall be forthe duration of his lifetime, and the frequency of in-person periodic renewals for the offendershall be every three months from the date of initial registration.

Effective August 1, 2013.

(Amends R.S. 15:542.1.3(B)(2)(a); Adds R.S. 15:542.1.3(B)(2)(c))

DIGEST

The digest printed below was prepared by House Legislative Services. It constitutes no part ofthe legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part ofthe law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]

Hazel HB No. 152

Abstract: Provides for parole consideration for juveniles sentenced to life imprisonment forcertain homicide offenses after a judicial determination of eligibility for suchconsideration and when certain conditions are met.

Present law provides that any offender who commits first degree murder or second degreemurder who is under the age of 18 at the time of the commission of the offense shall be punishedby life imprisonment at hard labor without benefit of parole, probation, or suspension ofsentence.

In the case Miller v. Alabama, 132 S.Ct. 2455 (2012), the U.S. Supreme Court held thatmandatory life imprisonment without parole for any offender under the age of 18 violates the 8thAmendment's prohibition on cruel and unusual punishment. Although the court did not prohibita life sentence for juveniles convicted of homicide offenses, the court did require the sentencingcourt to consider the offender's youth and attendant characteristics as mitigating circumstances.

Proposed law retains present law but provides that any person serving a sentence of lifeimprisonment for a conviction of first degree murder or second degree murder who was under theage of 18 at the time of the commission of the offense shall be eligible for parole consideration ifa judicial determination has been made that the person is entitled to parole eligibility and all ofthe following conditions have been met:

(1) The offender has served 35 years of the sentence imposed.

(2) The offender has not committed any disciplinary offenses in the 12 consecutive monthsprior to the parole eligibility date.

(3) The offender has completed a minimum of 100 hours of prerelease programming.

(4) The offender has completed substance abuse treatment as applicable.

(5) The offender has obtained a GED or, in certain circumstances, has completed a literacyprogram, an adult basic education program, or a job skills training program.

(6) The offender has obtained a low-risk level designation determined by a validated riskassessment instrument approved by the secretary of DPS&C.

(7) The offender has completed a reentry program to be determined by DPS&C.

Proposed law further provides that for such parole decisions, the board shall meet in a three-member panel and each member of the panel shall be provided with and shall consider a writtenevaluation of the offender by a person who has expertise in adolescent brain development andbehavior and any other relevant evidence pertaining to the offender.

Proposed law requires the panel to render specific findings of fact in support of its decision.

Proposed law requires a sentencing hearing to be held when an offender is to be sentenced to lifeimprisonment for a conviction of first degree murder or second degree murder where the offenderwas under the age of 18 at the time of the commission of the offense, to determine whether thesentence shall be imposed with or without parole eligibility in accordance with proposed law. Provides that sentences imposed without parole eligibility should normally be reserved for theworst offenders and the worst cases. Provides for the introduction of aggravating and mitigatingevidence at the hearing.

(Amends R.S. 15:574.4(B)(1); Adds R.S. 15:574.4(E) and C.Cr.P. Art. 878.1)

Summary of Amendments Adopted by House

Committee Amendments Proposed by House Committee on Administration of CriminalJustice to the original bill.

1. Reduced the minimum number of years to be served as a condition of paroleeligibility from 50 years to 35 years.

2. Deleted proposed law provisions requiring a court determination that a life sentencewithout parole is unconstitutionally excessive.

3. Added language providing that sentences imposed without parole should be reservedfor the worst offenders and the worst cases.

Honore (HB 184) Act No. 4

Existing law authorizes certain entities to request and obtain, and requires the Bureau ofCriminal Identification and Information to provide, criminal history record and identificationfiles for persons seeking employment, licensing, or seeking to volunteer with those entities.

New law retains existing law and authorizes the Volunteer La. Commission and the recipientof any federal AmeriCorps funds administered by the Volunteer La. Commission to obtainthe criminal history record and identification files maintained by the bureau for any applicantseeking to serve in a program that receives assistance under the national service laws.

New law also authorizes the Volunteer La. Commission to obtain national criminal historyinformation maintained by the FBI and requires the bureau to make a simultaneous requestfor such information from the FBI when requested to do so by the Volunteer La.Commission.

New law further provides for the procedure by which such information is requested andobtained by the entity and requires the requesting entity to maintain the confidentiality of theinformation in accordance with federal and state laws.

Effective August 1, 2013.

(Adds R.S. 15:587(H))

DIGEST

The digest printed below was prepared by House Legislative Services. It constitutes no part ofthe legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part ofthe law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]

Kleckley HB No. 309

Abstract: Authorizes the sheriff to use electronic monitoring equipment to supervise workrelease inmates.

Present law provides for the establishment of work release programs administered by the sheriff.

Proposed law retains present law and authorizes the sheriff of each parish to use electronicmonitoring to supervise participants in the work release program. Provides that an inmateparticipating in the work release program may be required to pay a reasonable supervision fee tothe supervising agency to defray the cost of the electronic monitoring. (Adds R.S. 15:711(I))

DIGEST

The digest printed below was prepared by House Legislative Services. It constitutes no part ofthe legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part ofthe law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]

Honore HB No. 319

Abstract: Provides relative to the sentencing and parole eligibility of juvenile offendersconvicted or who plead guilty to first or second degree murder.

Present law provides that any offender who commits first degree murder or second degreemurder who is under the age of 18 at the time of the commission of the offense shall be punishedby life imprisonment at hard labor without benefit of parole, probation, or suspension ofsentence.

In the case of Miller v. Alabama, 132 S.Ct. 2455 (2012), the U.S. Supreme Court held thatmandatory life imprisonment without parole for any offender under the age of 18 violates the 8thAmendment's prohibition on cruel and unusual punishment. Although the court did not prohibita life sentence for juveniles convicted of homicide offenses, the court did require the sentencingcourt to consider the offender's youth and attendant characteristics as mitigating circumstances.

Proposed law amends present law to provide for the following:

(1) A sentence for first degree murder for any offender who was under the age of 18 at thetime of the commission of the offense shall only be imposed after a sentencing hearing asfollows:

(a) If the jury unanimously finds, beyond a reasonable doubt, the existence of at leastone aggravating circumstance, but does not unanimously determine, afterconsideration of mitigating circumstances, that a sentence of life imprisonmentwithout the benefit of parole shall be imposed, the court shall sentence theoffender to life imprisonment with the benefit of parole pursuant to the provisionsof proposed law.

(b) If the jury fails to find, beyond a reasonable doubt, the existence of at least oneaggravating circumstance, the court shall sentence the offender to imprisonment athard labor for not more than 40 years.

(c) If the jury unanimously finds, beyond a reasonable doubt, the existence of at leastone aggravating circumstance and unanimously determines, after a considerationof mitigating circumstances, that a sentence of life imprisonment without thepossibility of parole should be imposed upon the offender, the offender shall besentenced to life imprisonment without the possibility of parole pursuant to the

provisions of present law.

(2) A sentence for second degree murder for any offender who was under the age of 18 at thetime of the commission of the offense shall only be imposed after a sentencing hearing asfollows:

(a) If the jury unanimously finds, beyond a reasonable doubt, the existence of at leastone aggravating circumstance and unanimously determines, after consideration ofmitigating circumstances, that a sentence of life imprisonment should be imposed,the court shall sentence the offender to life imprisonment with the benefit ofparole pursuant to the provisions of proposed law.

(b) If the jury unanimously finds, beyond a reasonable doubt, the existence of at leastone aggravating circumstance, but does not unanimously determine, afterconsideration of mitigating circumstances, that a sentence of life imprisonmentshould be imposed, the court shall sentence the offender to imprisonment at hardlabor for not more than 40 years.

(c) If the jury fails to find, beyond a reasonable doubt, the existence of at least oneaggravating circumstance, the court shall sentence the offender to imprisonment athard labor for not more than 40 years.

(3) A offender convicted of, or who pleads guilty to, second degree murder, when theoffender was under the age of 18 at the time of the commission of the offense, shall neverbe sentenced to life imprisonment without the possibility of parole.

(4) The sentencing hearing provided in proposed law shall commence no sooner than 12hours after a conviction or plea of guilty, except upon joint motion of the state and theoffender.

(5) A list of aggravating circumstances and mitigating circumstances which shall beconsidered by the jury.

(6) Any offender serving a sentence of life imprisonment for a conviction of first degreemurder or second degree murder, who was under the age of 18 at the time of thecommission of the offense, shall be eligible for parole consideration upon serving 30years of the sentence imposed and when all of the following conditions have been met:

(a) The offender has not committed any disciplinary offenses in the 12 consecutivemonths prior to the parole eligibility date.

(b) The offender has completed the mandatory minimum of 100 hours of prereleaseprogramming.

(c) The offender has completed substance abuse treatment as applicable.

(d) The offender has obtained a GED or, in certain circumstances, has completed aliteracy program, an adult basic education program, or a job skills trainingprogram.

(e) The offender has obtained a low-risk level designation determined by a validatedrisk assessment instrument approved by the secretary of DPS&C.

(f) The offender has completed a reentry program to be determined by DPS&C.

(g) If the offender was convicted of aggravated rape, he shall be designated a sexoffender and upon release shall comply with all sex offender registration andnotification provisions as required by law.

(7) For such parole decisions, the board shall meet in a three-member panel and each memberof the panel shall be provided with and shall consider a written evaluation of the offenderby a person who has expertise in adolescent brain development and behavior and anyother relevant evidence pertaining to the offender.

(8) Requires the panel to render specific findings of fact in support of its decision.

(9) Provisions of proposed law relative to parole eligibility shall not apply to any offenderconvicted of first degree murder who was under the age of 18 at the time of thecommission of the offense and who was sentenced to life imprisonment without thepossibility of parole after a sentencing hearing pursuant to proposed law.

(Amends R.S. 15:574.4(B)(1); Adds C.Cr.P. Articles 906-906.5 and R.S. 15:574.4(E))

DIGEST

The digest printed below was prepared by House Legislative Services. It constitutes no part ofthe legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part ofthe law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]

Pylant HB No. 335

Abstract: Requires DPS&C to develop a comprehensive plan to facilitate the housing ofinmates in an efficient and cost-effective manner and to utilize state and local facilitiesprior to contracting with private prison facilities.

Proposed law requires the secretary of DPS&C to house individuals committed to the departmentin state correctional facilities and local jails based upon the security requirements of eachindividual, the medical needs of the individual, and in the most cost-efficient manner.

Proposed law further provides that if additional space is needed to house individuals in thecustody of the department, after utilization of state correctional facilities and available local jailspace, the department may enter into a cooperative endeavor agreement with a privatecorrectional facility to house individuals committed to the custody of the department whilemaintaining compliance with the treatment, training, and security needs established by thedepartment.

Proposed law requires DPS&C to consider the following factors in making determinationsregarding the housing of inmates within the custody of the department:

(1) The costs associated with feeding and housing individuals.

(2) The costs associated with employment of qualified personnel to properly secure andmaintain the facility.

(3) The availability of facilities to provide adequate health care for aged or infirm inmates.

Proposed law further provides that any facility housing inmates shall meet the treatment, training,and security needs established by the department.

Provides that proposed law shall not be construed to impair the obligations of any contractentered into by DPS&C and a private correctional facility prior to Aug. 1, 2013.

(Adds R.S. 15:827.2)

Hodges (HB 385) Act No. 251

Existing law provides procedures for post-conviction relief.

Existing law provides that no application for post-conviction relief, including applicationswhich seek an out-of-time appeal, shall be considered if it is filed more than two years afterthe judgment of conviction and sentence has become final unless the application alleges, andthe petitioner proves or the state admits, that the facts upon which the claim is predicatedwere not known to the petitioner or his attorney.

New law retains existing law except it makes existing law applicable to information knownby the defendant or his prior attorneys. Further provides that the petitioner shall prove thathe exercised diligence in attempting to discover any post-conviction claims that may exist.

New law defines "diligence" as a subjective inquiry that must take into account thecircumstances of the petitioner. Those circumstances shall include but are not limited to theeducational background of the petitioner, the petitioner's access to formally trained inmatecounsel, the financial resources of the petitioner, the age of the petitioner, the mental abilitiesof the petitioner, or whether the interests of justice will be served by the consideration of newevidence. Requires new facts discovered to be submitted to the court within two years ofdiscovery.

Prior law provided that the court may deny relief for claims which were known at trial butnot raised on appeal, claims raised at trial but not appealed, new claims which were notraised in subsequent applications, or claims which raise new issues which could have beenraised in previous applications.

New law provides that the court shall deny relief for those same reasons.

Effective August 1, 2014.

(Amends C.Cr.P. Arts. 930.4(B), (C), (D), and (E) and 930.8(A)(1))

RESUMEHB440 427 4715

Page 1 of 2

Billiot (HB 440) Act No. 408

Existing law requires sex offenders to provide certain information to the appropriate lawenforcement agencies when registering as a sex offender, including but not limited to thefollowing:

(1) A description of every vehicle registered to or operated by the offender, includinglicense plate number and a copy of the offender's driver's license or identificationcard.

(2) Temporary lodging information regarding any place where the offender plans to stayfor seven or more days.

With regard to information on the offender's vehicles, new law requires the offender to alsoprovide the vehicle identification number of every motorized vehicle registered to oroperated by him, and provides that all information regarding the offender's vehicles shall beprovided prior to the offender's operation of the vehicle.

With regard to information on temporary lodging, new law provides that temporary lodginginformation where the offender plans to stay for seven or more days shall be provided at leastthree days prior to the date of departure.

New law further provides that temporary lodging information regarding international travelshall be provided regardless of the number of days or nights the offender plans to stay, andsuch information shall be provided at least 21 days prior to the date of departure. Thisinformation shall be sent by the bureau to the U.S. Marshals Service's National Sex OffenderTargeting Center for transmission to the proper authorities.

Existing law requires such information to be provided by the offender within three businessdays of establishing residence in Louisiana, or if a current resident, within three businessdays after conviction or adjudication, if not immediately incarcerated or taken into custodyafter conviction or adjudication. Requires an offender, once released from incarceration, toregister with law enforcement within three days of release.

New law retains these existing law time period requirements, but provides that if the offenderis a current resident of Louisiana and is not immediately taken into custody after convictionor adjudication, he shall provide the information to the sheriff of the parish of conviction oradjudication on the date of the conviction. Requires the offender to register with the sheriffof the parish in which the residence address provided to the Dept. of Public Safety andCorrections is located unless his residence has changed and he has registered with the sheriffof his new residence.

Existing law requires sex offenders to provide periodic renewals of registration informationto the sheriff of the parish of residence, and further requires sex offenders to pay an annualregistration fee of $60 for the cost of maintaining the record of the offender.

New law retains existing law and requires sex offenders who live within the jurisdiction ofa municipality with a police department to appear in-person annually at the police departmentto update the registration information and to pay the annual registration fee.

Existing law authorizes certain persons convicted of crime against nature prior to August 15,2010, to file a motion in the court of conviction to be relieved of the sex offender registrationand notification requirements if the offense for which the offender was convicted would bedefined as crime against nature by solicitation had the offender been convicted on or afterAugust 15, 2010, and the offense did not involve the solicitation of persons under the age of17. Existing law further provides for the procedure by which such motions are filed.

New law provides for the following relative to such motions:

(1) The district attorney in the parish where the offender was convicted is also authorizedto file such motions.

RESUMEHB440 427 4715

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(2) If the motion is filed by the district attorney, an affidavit establishing that the factsof the case and the underlying conviction meet the requirements for filing suchmotions as set forth in existing law shall be deemed sufficient for the granting ofrelief.

(3) Provides that if the motion is filed by the offender and the district attorney objects,the district attorney has the burden of proof in establishing that the person beingsolicited was under the age of 17 years.

(4) Provides that the district attorney, the office of state police, and the Department ofJustice shall be served with a copy of any motion seeking, and any order granting,such relief.

Existing law requires the court to provide written notification to any person who is requiredto register as a sex offender.

New law amends this written notification form to reflect the changes made by new law.

Effective August 1, 2013.

(Amends R.S. 15:542(C)(1)(intro. para.), (j), and (n), and (2) and (F)(4)(a), (b), and (c),542.1.1(B), 542.1.2(A)(intro. para.), and 543.1)

DIGEST

The digest printed below was prepared by House Legislative Services. It constitutes no part ofthe legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part ofthe law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]

Lopinto HB No. 442

Abstract: Provides relative to sentencing and treatment for certain offenders convicted ofcertain controlled dangerous substances violations.

Proposed law authorizes the secretary of DPS&C to establish a substance abuse probationprogram to provide substance abuse counseling and treatment for defendants sentenced tosubstance abuse probation.

Proposed law authorizes the secretary of DPS&C to enter into cooperative endeavors or contractswith DHH, training facilities, and service providers to provide for substance abuse treatment andcounseling for defendants participating in the program.

Proposed law provides that the program shall not apply to any defendant who has been convictedof a crime of violence or any sex offense, or any defendant who has participated in or declined toparticipate in a drug division probation program as authorized by present law.

Proposed law further provides that in order to be eligible for the substance abuse probationprogram, the defendant shall be charged with one of the following offenses:

(1) Felony possession of a controlled dangerous substance.

(2) Possession with intent to distribute a controlled dangerous substance where the offenseinvolves less than 28 grams of the controlled dangerous substance.

(3) Possession with intent to distribute marijuana or synthetic cannabinoids where the offenseinvolves less than one pound of marijuana or synthetic cannabinoids.

Proposed law provides that a court shall suspend a sentence and order an eligible defendant toparticipate in a substance abuse probation program provided by the DPS&C if the districtattorney agrees that the defendant should be sentenced to a substance abuse probation programand the court finds all of the following:

(1) The court has reason to believe that the defendant suffers from an addiction to acontrolled dangerous substance.

(2) The defendant is likely to respond to the substance abuse probation program.

(3) The available substance abuse probation program is appropriate to meet the needs of thedefendant.

(4) The defendant does not pose a threat to the community and it is in the best interest ofjustice to provide the defendant with treatment as opposed to incarceration or othersanctions.

Proposed law provides that if an offender is eligible for participation in the program, the courtshall order DPS&C to assign an authorized evaluator to prepare a suitability report, which shalldelineate the nature and degree of the treatment necessary to address the individual defendant'sdrug or alcohol dependency or addiction, the reasonable availability of such treatment, and thedefendant's appropriateness for the program. The district attorney and defendant's attorney shallhave an opportunity to provide relevant information to the evaluator to be included in the report.

Proposed law provides that if the court fails to make all the determinations required by proposedlaw or if the district attorney does not agree that the defendant should be sentenced to substanceabuse probation, the court shall impose the appropriate sentence provided for by present law.

Proposed law provides that these provisions of proposed law shall become null, void, and haveno effect on August 1, 2016, and thereafter.

Proposed law provides for the substance abuse conditional release program and authorizes thesecretary of DPS&C to release an offender sentenced to the custody of the department to intenseparole supervision if the offender meets certain requirements.

Proposed law provides that an offender shall be eligible for conditional release if all of thefollowing conditions are met:

(1) The offender is willing to participate in the program.

(2) The offender has been convicted and is serving a sentence for a first or second offensepossession or possession with the intent to distribute a controlled dangerous substance.

(3) The offender has no convictions for a crime of violence or a sex offense.

(4) The offender has not previously been released pursuant to the substance abuse conditionalrelease program.

(5) The offender has served at least two years in actual physical custody and is within oneyear of his projected release date.

Proposed law further provides that the offender shall be required to undergo an addictiondisorder assessment and a mental health screening which shall be reviewed by the secretary ofthe department and considered by the secretary in determining the offender's suitability toparticipate in the treatment program.

Proposed law provides that DPS&C shall determine the suitability of the offender to participatein the program and shall consider whether the offender's release poses a danger to the generalpublic or to an individual and whether the offender has a suitable release plan.

Proposed law provides that a defendant's treatment program shall last for not less than 60 daysnor more than 120 days.

Proposed law provides that an offender may be removed from the program if he violates rules ofthe program, commits a criminal offense while in the program, or presents a risk to himself orothers.

Proposed law provides that if the offender is removed from or fails to successfully complete theprogram, he shall be required to serve the remainder of his sentence as originally imposed andshall not lose any good time earned while participating in the program.

Proposed law provides that upon successful completion of the program the offender may bereleased as if released on parole and shall be subject to the provisions of present law relative toparole.

Present law authorizes the establishment of a drug division probation program in any districtcourt and provides eligibility requirements for participation in the program.

Proposed law repeals the provisions of the present law eligibility requirements which providethat the defendant cannot have been convicted of aggravated burglary or simple burglary of aninhabited dwelling or cannot be charged with multiple counts of distribution, possession withintent to distribute, production, manufacture, or cultivation of controlled dangerous substances.

Proposed law adds that possession with intent to distribute a CDS is an offense which may beconsidered for drug division probation programs.

(Amends R.S. 13:5304(B)(1)(a); Adds C.Cr.P. Arts. 903-903.3 and R.S. 15:574.61 and 574.62;Repeals R.S. 13:5304(B) (10)(d) and (f))

Summary of Amendments Adopted by House

House Floor Amendments to the engrossed bill.

1. Added that a charge of possession with intent to distribute a CDS is an eligibleoffense for drug court consideration.

2. Added language requiring the consent of the district attorney for sentencing anoffender to substance abuse probation.

3. Provided that the proposed provisions regarding the substance abuse probation shallbecome null, void, and have no effect on August 1, 2016, and thereafter.

DIGEST

The digest printed below was prepared by House Legislative Services. It constitutes no part ofthe legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part ofthe law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]

Hunter HB No. 464

Abstract: Removes the prohibition on the receipt of workers' compensation benefits whileincarcerated.

Present law requires a forfeiture of workers' comp benefits while incarcerated, except in certaincircumstances.

Present law provides that if the incarcerated injured worker has a dependent who relies on thecompensation for support, a workers' compensation judge may order that the benefits are paid tothe dependent's guardian.

Present law allows for the payment of medical expenses incurred when an employee has beenassigned to work release or a transitional work program and is injured during his participation insuch program.

Present law provides that the injured employee is eligible to resume collection of workers'compensation benefits upon his release.

Proposed law removes the requirement of forfeiture of workers' compensation benefits whileincarcerated.

(Amends R.S. 23:1201.4)

Wesley Bishop (HB 572) Act No. 322

Prior law established a program, within available appropriations, to be known as the"Fatherhood Initiative" to promote the positive involvement and interaction of fathers withtheir children with an emphasis on children eligible or formerly eligible for services fundedby the Temporary Assistance for Needy Families (TANF) block grant.

New law retains prior law but renames the program to the "Fatherhood First Initiative" andprovides that funding is to the extent that funds are available and appropriated by theLegislature.

Prior law required the program to identify those services that effectively encourage andenhance responsible and skillful parenting and those services that increase the ability offathers to meet the financial and medical needs of their children through employmentservices and child support enforcement measures. The objectives of the program were to:

(1) Promote public education concerning the financial and emotional responsibilities offatherhood.

(2) Assist men in preparation for the legal, financial, and emotional responsibilities offatherhood.

(3) Promote the establishment of paternity at childbirth.

(4) Encourage fathers, regardless of marital status, to foster their emotional connectionsto and financial support of their children.

(5) Establish support mechanisms for fathers in their relationships with their children,regardless of their marital and financial status.

(6) Integrate state and local services available for families.

New law retains prior law and adds the objective to promote public education and increasepublic awareness of resources for the following areas:

(1) Substance abuse and addiction.

(2) Anger management and conflict resolution.

(3) Fiscal awareness and financial literacy.

(4) Parenting skills, child developments, and family studies.

New law requires the secretary of the Dept. of Children and Family Services (DCFS) toconvene and chair a Fatherhood First Council no later than Oct. 1, 2013. The secretary shallseek the advice and participation of any person, organization, or state or federal agencydeemed necessary to carry out the provisions of new law. The secretary may designate aworking group from among the members of the council to carry out specific duties requiredunder new law.

New law requires the Fatherhood First Council to perform the following functions:

(1) Develop a comprehensive plan to promote the positive involvement and interactionof fathers with their children.

(2) Conduct an evaluation of state programs, government policies, and communityinitiatives relative to fatherhood.

(3) Advise the secretary of DCFS on the development of a fatherhood research anddemonstration program relative to design, implementation, and evaluation pursuantto new law.

New law provides that the membership of the council shall be appointed by the secretary andshall include but not be limited to:

(1) The secretary of DCFS or his designee.

(2) The secretary of the La. Workforce Commission or his designee.

(3) The superintendent of the Dept. of Education or his designee.

(4) The secretary of the Dept. of Public Safety and Corrections or his designee.

(5) Two representatives of the Children's Cabinet Advisory Board.

(6) One representative of the La. District Attorneys Association.

(7) One representative of a regional workforce investment board.

(8) One representative of the clergy.

(9) One representative of the New Orleans Fatherhood Consortium of Loyola Universityof New Orleans.

(10) One member with expertise in male psychology and health.

(11) One representative of the Second Time Around Grandparents Support Group.

(12) The member of the La. House of Representatives representing House District No. 99or his designee.

(13) One member of the Louisiana Senate appointed by the president.

New law requires the Fatherhood First Council to establish a comprehensive plan for theimplementation of the Fatherhood First Initiative and the research and demonstrationprogram. The plan may include but shall not be limited to the following:

(1) A planning process that gathers input from the public through public hearings orother means.

(2) The establishment of an inventory and evaluation of state and federal programs,community initiatives, government policies, and any other services identified thatencourage and enhance responsible and skillful parenting through positiveinvolvement and interaction with fathers and those services that increase the abilityof fathers to meet the financial and medical needs of their children.

(3) The identification of the services that can be provided to fathers including but notlimited to employment services, parenting skills, teen pregnancy prevention services,educational services, child support enforcement services, paternity establishmentservices, custody and visitation services, conflict management services, familymediation, and any other community-based support programs providing assistanceto fathers.

(4) The identification of the characteristics that will be used to target the population tobe served in each demonstration program.

(5) A system that establishes mechanisms for voluntary and mandatory access to theservices provided in the program for those individuals identified for participationincluding procedures for establishing and assessing the eligibility of an individual forthe services provided in the program and procedures for providing guidance to courtsordering a noncustodial parent's participation in the program in addition to a childsupport or medical support obligation.

(6) The identification of a case management system for the full range of services offeredin the program including mechanisms for referring program participants tocommunity-based support programs.

Prior law required the secretary of DCFS, in consultation with the executive director of theLa. Workforce Commission, to establish a research and demonstration program that

specifically evaluates the effectiveness and outcomes of services provided to fathers. Theresearch and demonstration sites were authorized to:

(1) Utilize existing local, state, and federal resources.

(2) Collaborate with broad-based constituencies representing schools, municipal entities,nonprofit organizations, and other neighborhood, religious, health, and communityorganizations.

(3) Provide a safe, caring environment for participants. The evaluation shall measure theeffectiveness and outcomes of services in the following areas: child support andmedical support, job placement and retention, increased earnings, increasedvisitation, family reunification, paternity establishment or adjudication, the need ofa custodial parent for public and medical assistance, teen pregnancy prevention, theeffect on fathers under the age of twenty-three years, low-income or unemployedfathers, educational levels, measures of emotional involvement of fathers, and theoverall cost effectiveness, including a cost-benefit analysis of the services providedon an aggregate and case-by-case basis.

New law retains prior law and adds the following areas: substance abuse and addictiontreatment, anger management and conflict resolution skills, fiscal awareness and financialliteracy, and parenting skills, child development, and family studies.

New law requires the Fatherhood First Council, no later than March 1, 2014, to submit aninterim report relative to the status of the comprehensive plan established under new law tothe secretary of DCFS. The secretary shall add his assessments thereto and present thefindings to the House and Senate committees on health and welfare, the House Committeeon Appropriations, and the Senate Committee on Finance prior to the start of the 2014 R.S.

New law requires the council, no later than March 1, 2015, to submit a final report to thesecretary on the comprehensive plan which may include:

(1) Recommendations for the continued implementation of the Fatherhood FirstInitiative.

(2) Recommendations for the expansion or statewide implementation of fatherhoodprograms.

(3) The secretary shall add his assessments thereto and present the findings to the Houseand Senate committees on health and welfare, the House Committee onAppropriations, and the Senate Committee on Finance prior to the start of the 2015R.S.

New law authorizes DCFS, after the presentation by the secretary to the legislativecommittee and to the extent that funds are available and appropriated by the legislature, tocontinue to implement the Fatherhood First Initiative.

Effective August 1, 2013.

(Amends R.S. 46:261)

Gallot (SB 8) Act No. 52

Prior law provided that whenever a prisoner sentenced to the parish prison or a prisoner ina parish prison awaiting transfer to a state correctional facility is willing of his own free willto perform manual labor upon any cemetery or graveyard or work in a solid waste recyclingprogram administered by a state agency or political subdivision and approved by the sheriff,the criminal sheriff may set the prisoner to work upon labor determined by the governingauthority of the parishes and the municipal authorities of the towns and cities.

New law retains prior law, and adds religious buildings to the list of places upon which acriminal sheriff may set a willing prisoner to work.

New law defines "religious building" as a church, synagogue, mosque, or other building orstructure used primarily for religious worship.

Effective upon signature of the governor (May 29, 2013).

(Amends R.S. 15:708(A)(2))

Thompson (SB 52) Act No. 288

Prior law defined "contraband" for purposes of prior law relative to the introduction ofcontraband into penal institutions as any controlled dangerous substance as defined in priorlaw or any other drug or substance that if taken internally, whether separately or incombination with another drug or substance, produces or may produce a hypnotic effect.Prior law excluded from the definition of "contraband" any drug or substance that has beenprescribed by a physician, if the drug or substance is in a container issued by the pharmacyor other place of dispensation, the container identifies the prescription number, prescribingphysician, and issuing pharmacist or other person, and the container is not concealed uponthe body of the person.

New law retains prior law and adds that the introduction by a person of any controlleddangerous substance as defined in prior law upon the grounds of any state correctionalinstitution constitutes distribution of that controlled substance and is subject to the penaltiesprovided in prior law relative to controlled dangerous substances.

Prior law provided that it is unlawful to possess or to introduce or attempt to introduce intoor upon the premises of any municipal or parish prison or jail or to take or send or attemptto take or send therefrom, or to give or to attempt to give to an inmate of any municipal orparish prison or jail, any narcotic or hypnotic or excitive drug or any drugs of whatever kindor nature, including nasal inhalators of any variety, sleeping pills or barbiturates of anyvariety that create or may create a hypnotic effect if taken internally, or any other controlleddangerous substance as defined in prior law.

New law retains prior law and adds that the introduction by a person of any controlleddangerous substance as defined in prior law upon the grounds of any municipal or parishprison or jail constitutes distribution of that controlled dangerous substance and is subjectto the penalties provided in prior law relative to controlled dangerous substances.

Prior law provided that whoever violates prior law relative to contraband in penal institutionsis to be fined not less than $250 nor more than $2,000 and imprisoned with or without hardlabor for not more than five years.

New law retains prior law and adds that, notwithstanding any other law to the contrary,whoever introduces the contraband of a controlled dangerous substance, as defined in newlaw, upon the grounds of any state correctional institution, or any municipal or parish prisonor jail, is to be punished in accordance with the penalties for the distribution of the controlleddangerous substance provided in prior law relative to controlled dangerous substances.

Effective upon signature of the governor (June 14, 2013).

(Amends R.S. 14:402(D)(1), (E)(5), and (G))

Broome (SB 71) Act No. 346

New law authorizes mental health court treatment programs in Louisiana. Provides findingsrelative to the impact of mental illness and substance abuse issues on the criminal justicesystem.

Provides definitions for terms related to mental health court treatment programs, includingmental health court program, mental health court professional, post-adjudicatory mentalhealth court programs, and co-occurring mental illness and substance abuse issues.

Authorizes each judicial district, by rule, to create mental health court treatment programs.Further provides for eligibility for mental health court programs.

Provides criteria for exclusion from mental health court programs, including enumeratedcrimes which require such exclusion:

(1) First or second degree murder.(2) Aggravated or criminal sexual assault (including sexual assault of a child).(3) Armed robbery.(4) Arson.(5) Stalking.(6) Any crime of violence involving discharge of a firearm.

Provides procedures to be utilized in operating a mental health court treatment program,including a regimen of graduated requirements, rewards, and sanctions.

Provides for mental health court treatment programs to maintain or collaborate with anetwork of programs which deal with mental illness and co-occurring mental illness andsubstance abuse issues. Further provides that the mental health court program may designatea court liaison to monitor the progress of defendants in their assigned treatment programson behalf of the court.

Provides that when appropriate, the imposition of execution of sentence shall be postponedand the defendant placed on probation for the duration of the program. At the conclusionof the period of probation, the district attorney, on advice of the person providing theprobationer's treatment and the probation officer, may recommend that (1) the probationer'sprobation be revoked and the probationer be sentenced if the probationer has notsuccessfully completed the treatment or violated probation (2) probation be extended or (3)the conviction be set aside and the prosecution dismissed if the probationer successfullycompleted the program.

Provides that if the defendant violates any of the conditions of his probation and treatmentor appears to be performing unsatisfactorily, the district attorney may move the court todismiss the defendant from the program. If the court grants the motion, the reasons for thedismissal shall be provided to the defendant.

Effective August 1, 2013.

(Adds R.S. 13:5351-5358)

Nevers (SB 94) Act No. 347

New law provides that primary objective of the 22nd Judicial District Court sentencing policywill be to maintain public safety, hold offenders accountable, reduce recidivism and criminalbehavior, and improve potential outcomes for those offenders who are sentenced.

Provides that, after January 1, 2014, all criminal divisions within the court will use a singlevalidated risk and needs assessment tool prior to sentencing an adult offender. Furtherprovides that the assessment tool will be administered at the time of arraignment by trainedand certified personnel within the court's misdemeanor probation office. The court may, onits own motion or motion of defense counsel, order the administration of a subsequentassessment, and further provides that an evaluation report shall be prepared based upon thefindings of the assessment tool.

Provides that the evaluation report will be made available to the court and defense counselprior to the initial pretrial conference but will otherwise remain confidential and kept as partof the record under court seal.

Provides that the district court shall develop policies and protocols no later than January 1,2014, regarding the administration and use of the assessment tool and evaluation reportspursuant to new law. Further provides that such policies will include confidentiality periods,maintaining the integrity of the assessment tool, training, and data collection and sharingamong affected entities.

Further authorizes the court to provide funding for any expenses related to the administrationand use of the assessment tool and evaluation reports.

Provides that the validated risk and needs assessment tool and evaluation report will beutilized by the sentencing court at the pretrial stage when determining an appropriatesentence, in order to evaluate the defendant's risk of committing future offenses and theneeds of the defendant. Further provides that, in determining an appropriate sentence, thesentencing court will consider the results of the defendant's risk and needs assessmentincluded in the evaluation report, together with the likely impact of a possible sentence onthe reduction of potential future criminal behavior of the defendant.

Provides that the assessment tool and evaluation report may also be used to determineeligibility or suitability of the defendant for any available specialty court.

Effective August 1, 2013.

(Adds R.S. 15:325-327)

Ward (SB 107) Act No. 214

New law provides for the Improved Outcomes for At-Risk Youth Act and related legislativefindings.

Creates the Integrated Case Management Planning System as a single, targeted casemanagement system to better track "crossover youths" who are in need of mental healthservices or have experienced involvement in the child welfare system.

Provides that the deputy secretary of the Department of Public Safety and Correction, YouthServices, Office of Juvenile Justice and the secretary of the Department of Children andFamily Services shall evaluate programs to be included in the Integrated Case ManagementSystem. Further provides that programs and services to be evaluated for inclusion in theIntegrated Case Management System shall include but are not limited to:

(1) Truancy Assessment and Service Centers. (2) Families in Need of Services. (3) The Louisiana Behavioral Health Partnership, including the Coordinated System of

Care.(4) Child welfare programs. (5) Education and workforce training programs. (6) Juvenile probation and parole services.(7) Non-secure and secure out-of-home placements.(8) Any other program or service identified for inclusion.

Provides that, in order to facilitate the development of a complete continuum of care for at-risk youths, these departments shall:

(1) Develop an outline for the creation of and transition to an integrated casemanagement system focusing on the behavioral health, rehabilitative, and educationalneeds of youths who are at-risk for involvement, currently involved or exiting thejuvenile justice and child welfare system.

(2) Identify the prevalence of youths served by multiple systems.(3) Identify opportunities to more efficiently and effectively deliver programs and

services to at-risk youths across all systems of care focusing on: prevention, earlyintervention, treatment and rehabilitation, continuity of education and workforcetraining, and re-introduction into the community.

(4) Develop mechanisms to leverage available state and federal funds for the purposesof new law.

(5) Establish a timeline for the creation and implementation of the integrated casemanagement system providing for such system to be fully operational no later thanJuly 1, 2015.

Provides that the departments shall submit their recommendations formulated by theimpacted agencies to the Juvenile Justice Reform Act Implementation Commission forreview and comment by the commission.

Provides that, not later than 30 calendar days prior to the convening of the 2014 regularsession of the legislature, the departments shall jointly submit a summary report to thelegislature discussing actions taken pursuant to new law. Further provides that such reportshall include but not be limited to any recommendations for changes in laws oradministrative regulations or policies necessary for proper implementation of the integratedcase management system.

Provides that, not later than July 1, 2014, the departments shall jointly submit a written reportto the legislature outlining the timelines and process by which implementation of anintegrated case management system for at-risk youths shall be completed and the system fullyoperational not later than July 1, 2015.

Effective August 1, 2013.

(Adds R.S. 46:2758 – 2758.2)

The original instrument and the following digest, which constitutes no part of thelegislative instrument, were prepared by Alden A. Clement, Jr.

DIGEST

Proposed law provides that whenever an offender is convicted of first degree murder underpresent law and has been sentenced to life in prison without benefit of parole, probation orsuspension of sentence, either in accordance with the determination of the jury or under presentlaw relative to a plea of guilty in a capital case, the Dept. of Public Safety and Corrections is toclassify and incarcerate the offender in a manner affording maximum protection to the generalpublic, the employees of the department, and the security of the institution for the completeduration of the offender's sentence.

Proposed law provides that an offender incarcerated under the provisions of proposed law willnot be permitted visitation rights or privileges except for legal counsel, medical, dental, andmental healthcare examinations and treatment, and a chaplain, priest or other spiritual directorapproved by the warden.

Effective upon signature of the governor or lapse of time for gubernatorial action.

(Adds R.S. 15:571.1)