Pilot program; Caddo Parish Pretrial Home Incarceration Program; electronic monitoring

A. The Caddo Parish Sheriff's Office may implement a pilot program using active electronic monitoring of defendants who are eligible pursuant to the provisions of this Section as an alternative mode of incarceration to traditional imprisonment. This program shall be referred to as the Caddo Parish Pretrial Home Incarceration Program. B. A defendant may be eligible for participation in the program if he meets all of the following conditions: (1) The defendant has not been charged with a crime of violence as defined in R.S. 14:2(B) or a sex offense as defined in R.S. 15:541. (2) The Caddo Parish Sheriff's Office has determined that the particular defendant is likely to respond in an affirmative manner to participation in the program. (3) The Caddo Parish Sheriff's Office, in coordination with the district attorney and district court, has interviewed the defendant and has made a risk assessment determination that the defendant is eligible for participation in the program. The Caddo Parish Sheriff's Office shall forward the risk assessment to the court for use as the court may deem proper. C. (1) The Caddo Parish Sheriff's Office shall develop, adopt, and implement rules and regulations for the development, implementation, and administration of the program. Such rules and regulations shall include but not be limited to all of the following: (a) Supervision of the defendant and conditions required for participation in the program. The conditions may include any condition reasonably related to the program, including curfew, home visitations by persons designated by the sheriff, and limitations of the activities of the defendant outside of the home. (b) The use of electronic monitoring devices. (c) Requirements that a defendant obtain employment and pay a reasonable supervision fee to the supervising agency to defray the cost of his supervision and the cost of the required electronic monitoring. (d) Participation eligibility of indigent defendants and the sharing of costs for monitoring indigent defendants, in collaboration with the Caddo Parish Commission. Such rules may provide for a sliding scale of payment so that a defendant who is able to pay a portion, but not all, of such costs may be required to pay such portion. (e) The establishment of a bid process, in compliance with the public bid law of this state, for the selection of electronic monitoring providers to administer the program. (f) Qualifications for participating electronic monitoring providers, including but not limited to the requirement that providers have general liability insurance in an amount of not less than one million dollars. (2) The sheriff shall require the defendant, as a condition of participation in the program, to participate in monthly behavioral health checks with a licensed mental health provider if the risk assessment conducted pursuant to Subsection B of this Section identifies behavioral health factors that are reasonably related to supervision or compliance risk. For purposes of this Subsection, "compliance" shall consist of verification of attendance. Failure of the defendant to comply with the provisions of this Paragraph may result in termination of participation in the program if the failure is determined to be willful and not the result of lack of service availability. (3) The defendant shall be given notice in writing of the conditions imposed and shall agree in writing to the conditions. (4) Participation in the program does not negate or nullify the bail obligations as set by the court. (5) Any electronic monitoring provider who is chosen or contracted with to enforce the provisions of this Section shall comply with the provisions of R.S. 15:571.36 and 571.37. D. (1) No defendant shall be admitted to the program prior to collaboration and coordination between the court, the sheriff, and the district attorney for approval of the defendant's participation in the program. (2) Notwithstanding any other provision of law to the contrary, the court, at any time on its own motion, may prohibit or terminate the initial or continued participation of a defendant in the program. E. (1) Upon negotiation and agreement with the parish governing authority, the sheriff may collect a sum of not less than the per diem fee authorized by R.S. 13:5535(1) to apply to the funding of the program. In lieu of the per diem, the sheriff may establish a fee which is agreed upon by the parish governing authority and the sheriff. Funds obtained pursuant to this Subsection shall not be considered surplus funds. (2) The sheriff may apply for funding and grants from any source he deems appropriate to develop, design, implement, administer, and evaluate the program. (3) The sheriff may engage in cooperative endeavor agreements with other government agencies or departments and with any nonprofit organization whose mission is compatible with the goals and objectives of the program. F. The sheriff may terminate the participation of any defendant in the program who fails to comply with the conditions of the program and require the physical return of the defendant to the parish jail or any other facility as the sheriff deems appropriate for the purpose of continuing the pretrial detention of the defendant. G. The sheriff or the parish governing authority shall not be responsible for any of the following as it relates to a defendant in the program: (1) Medical costs or the provision of medical care. (2) Transportation costs or the provision of transportation. (3) Housing costs or the provision of housing. (4) Food costs or the provision of food. (5) Clothing costs or the provision of clothing. H. (1) The pilot program established pursuant to the provisions of this Section shall be evaluated with regard to security, beneficial and detrimental effects on the prisoner, projected probable effects on deterrence, costs, 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) A report of the evaluation of the program shall be presented to all of the following: (a) The House Committee on Administration of Criminal Justice. (b) The Senate Committee on Judiciary C. (c) Members of the North Louisiana Legislative Delegation who represent Caddo Parish. (d) The Caddo Parish Commission. (3) Unless otherwise terminated by appropriate legislative action, the pilot program shall begin a termination process not later than sixty days after the date in which either of the following occur in Caddo Parish: (a) A larger parish jail is constructed, opened, and occupied. (b) A new structure is built or an existing structure is renovated that materially expands capacity of the parish jail. (4) If either of the conditions of Paragraph (3) of this Subsection have been satisfied, no new participants shall be admitted to the program. Except as otherwise provided in this Section, any participants in the program prior to the completion date of the new construction or renovation shall be allowed to continue participation and the program shall be phased out and fully terminated when the number of participants declines to zero. I. The sheriff and his deputies and employees, the parish governing authority and its elected or appointed officials, and any party engaged in a cooperative endeavor agreement with the program shall be immune from civil action brought by a person who suffers harm caused by a program participant unless the plaintiff, by clear and convincing evidence, proves both: (1) That his harm would not have occurred if the program was properly administered. (2) That any of the following occurred: (a) The program participant failed to meet any material condition for participation in the program but was allowed to participate in the program. (b) The program participant failed to comply with any material condition of continued participation in the program but was allowed to continue his participation. (c) The gross negligence or intentional act of a person responsible for administering, maintaining, monitoring, or operating an aspect of the program was a substantial factor in causing the harm.