Electronic monitoring programs

A. The court shall impose any condition necessary to further the rehabilitation of a person released subject to electronic monitoring, including maintaining employment and compliance with inclusion and exclusion zones as defined in R.S. 15:571.38. In the case of a juvenile, the conditions may include staying in school, participating in after-school activities, or being subject to a curfew. B. (1) The cost for an adult participating in an electronic monitoring program shall be borne by the person being monitored. The court may waive the cost of electronic monitoring in a juvenile matter or in any other matter at the request of the entity that is otherwise responsible for the cost of monitoring. (2) Any adult who is subject to electronic monitoring and required to pay the costs of monitoring shall provide an electronic monitoring service provider with a method of payment or payment arrangement acceptable to that provider. C. (1) As a condition of electronic monitoring, and notwithstanding any other provision of law, a person subject to electronic monitoring, including a juvenile, shall do all of the following: (a) Maintain the monitoring equipment in normal working order including but not limited to keeping the monitoring equipment charged. (b) Consent to immediate cooperation with and acquiesce to any efforts to evaluate, diagnose, and repair any technical issues associated with the device and monitoring by the electronic monitoring company, which may include but not be limited to reasonable detention by law enforcement. (2) An additional condition of repayment may be imposed in accordance with a court order entered pursuant to Subsection F of this Section. D. Electronic monitoring service providers operating in this state shall actively monitor any person subject to electronic monitoring for compliance and report any violation in accordance with R.S. 15:571.36. Daily noncompliance reports shall be provided to the prosecuting authority regarding the person being monitored. E. (1) The court may, either on its own motion or on motion of the district attorney, issue a warrant for the arrest of a person subject to electronic monitoring upon a finding of noncompliance. (2) A person arrested pursuant to a warrant issued pursuant to Paragraph (1) of this Subsection shall be held in custody until a hearing is conducted to determine if the person can and will comply with all electronic monitoring restrictions. (3) The court shall terminate a person's participation in an electronic monitoring program, and remand him to state custody for an adult or to the appropriate pretrial facility for a juvenile, after his third finding of noncompliance by the court. F. (1) This Subsection is applicable only to a person tried as an adult who is subject to court-ordered electronic monitoring in a criminal proceeding. (2) If the monitored individual fails to pay an outstanding or delinquent amount lawfully owed for electronic monitoring services, the electronic monitoring service provider may file a written delinquency report and notice of hearing request in the pending criminal proceeding and by notifying the court that the provider is terminating the services rendered through its agency for nonpayment or delinquency. (3)(a) The provider shall make every reasonable attempt to deliver the report to the monitored individual, the court, the district attorney, and any surety, bail agent, or bondsman whose bail undertaking may be affected. Delivery or notice in accordance with this Paragraph may be made by personal delivery, electronic mail, text message, other electronic transmission, mail, or any other method reasonably calculated to provide notice including using information provided on the bail undertaking pursuant to Code of Criminal Procedure Article 329. Electronic delivery to any required recipient is sufficient when sent to the last known or designated contact information for that recipient. (b) The provider shall certify in writing the delivery, attempted delivery, or electronic transmission of the report, including the date, time, recipient, and method used. The provider may also attach supporting documentation, including text records, email records, account records, invoices, or other proof of transmission or delinquency. The offender's acknowledgment or signature may be included if obtained, but such acknowledgment or signature does not affect the validity of the report if the delivery, attempted delivery, or any other lawful notice is certified by the provider or delivering agent. (4)(a) The delinquency report and notice shall include, at minimum, all of the following: (i) The monitored individual's name, case number, and court section or division. (ii) The outstanding or delinquent amount lawfully owed and the relevant due date. (iii) The date of notice. (iv) A statement that the provider is terminating the services rendered through its agency for nonpayment or delinquency. (v) A certification of delivery, attempted delivery, or other lawful notice. (b) The report may be made on a form customarily used by the provider if it contains the information required by this Paragraph. Supporting documentation that is sufficient to establish the claimed delinquency, including an invoice, account statement, or similar record, shall be provided to the court and the monitored individual and may be provided to the district attorney or surety either upon the request of the court or when relevant to the hearing. (c)(i) The filing of the report and notice commences the time period for setting the hearing. The court shall set the matter for hearing within fifteen days of filing, exclusive of legal holidays, or on the earliest date authorized by law that permits service and notice upon required parties. (ii) If the court fails to set the hearing within the time required by this Subparagraph, the provider may file a certificate of non-setting and final notice of termination in the pending criminal proceeding. The provider shall make every reasonable attempt to deliver the certificate and notice to the monitored individual, the court, the district attorney, and any surety whose bail undertaking may be affected. (iii) The provider may remove its device and terminate the services rendered through its agency unless the court issues a written interim order before expiration of twenty-four hours after receipt of the certificate and final notice of termination. Any interim order entered pursuant to this Item shall set forth the date and time of the continued proceeding or required appearance, which shall be within seventy-two hours of receipt of the certificate and final notice of termination, and shall specify the temporary supervision, custodial, transfer, or bail status of the monitored individual pending further order of the court. (5)(a) If the monitored individual, after proper notice, fails to appear as required by the court, the court shall issue a warrant for the arrest of the monitored individual. The monitored individual remains responsible for the full contracted fee that is lawfully owed to the provider through the date the provider's device is actually removed. (b) Upon removal of the device, the provider shall promptly notify the court, the district attorney, the monitored individual, and any affected surety that the device has been removed and that services rendered through the provider's agency have been terminated. (6) The provider, or an authorized representative of the provider with knowledge of the delinquency, notice, and supervision status, shall appear at the hearing either in person or by electronic means as authorized by the court unless any of the following occur: (a) The hearing has been withdrawn. (b) The parties stipulate to the delinquency and transition terms. (c) The court waives the provider's appearance for good cause shown. (7)(a) The court shall determine all of the following at the hearing: (i) Whether electronic monitoring or other supervision remains required. (ii) Whether the monitored individual is allowed, within a period not to exceed twenty-four hours, to secure another electronic monitoring service provider that meets the requirements of R.S. 15:571.36. (iii) The conditions that govern the monitored individual during any interim period. (iv) Whether bail or any other conditions need to be modified. (v) Subject to the requirements of Code of Criminal Procedure Article 319, whether the surety agrees to remain bound under the modified bail order, requires substitute security authorized by law, or does not want to remain bound under the modified bail order. (vi) Whether remand to custody or another lawful disposition is necessary to protect public safety, victim safety, the monitored individual's appearance in court, or the integrity of the court's previous order. (vii) The deadlines, installment terms, or other lawful payment conditions under which the outstanding or delinquent amount lawfully owed to the provider is to be paid. (b) If the court determines that an outstanding or delinquent amount is lawfully owed to the provider, the court shall order the monitored individual to pay that amount and may establish deadlines, installment terms, or other lawful payment conditions for satisfaction of that amount. Payment shall be made directly to the provider unless otherwise ordered by the court or agreed by the provider. (c) Nothing in this Paragraph authorizes the court to alter, reduce, or rewrite the provider's contracted, authorized, or otherwise lawfully assessed charges without the provider's consent. (8)(a) Nothing in this Subsection requires an electronic monitoring service provider to continue supervision of a monitored individual through its agency beyond either the hearing or any replacement period that is expressly ordered by the court. (b) Upon the filing of the delinquency report and notice of hearing request, the monitored individual's current provider shall continue to supervise the monitored individual and report violations in accordance with R.S. 15:571.36 and this Section until the hearing is held. If the court permits the monitored individual a period of not longer than twenty-four hours to secure another electronic monitoring service provider who meets the requirements of R.S. 15:571.36, the provider shall continue to supervise the monitored individual through this replacement period unless otherwise ordered by the court. (9)(a) If the court permits the monitored individual a period of not longer than twenty-four hours to secure another electronic monitoring service provider who meets the requirements of R.S. 15:571.36, the monitored individual shall enroll with the new provider and have the new monitoring device installed before the prior provider's device is removed unless the court orders another transition method sufficient to ensure that no gap in supervision occurs. (b) The monitored individual's previous provider shall make every reasonable attempt to immediately remove its device upon confirmation that the new provider's device has been installed. Removal shall be completed within the twenty-four hour transition period unless the court expressly orders another method or time period. (c) The monitored individual shall report to the provider who is removing the device, or comply with another removal procedure ordered by the court, for removal of the previous provider's device. The monitored individual is responsible for the full contracted fee lawfully owed to the previous provider until the previous provider's device is removed, unless otherwise ordered by the court or agreed by the provider. (d) The court may order the monitored individual to appear on the next judicial day, or on the next day ordered by the court, to confirm installation of the new device or removal by the previous provider's agency. If confirmation pursuant to this Subparagraph does not occur, the court may address the monitored individual's continued supervision status, bail status, and any further lawful conditions or custodial disposition after hearing from any affected surety. (10)(a) When a bail undertaking may be modified, the surety shall be provided notice of a posting and may appear or submit a written response consistent with Code of Criminal Procedure Article 319. (b) A written surety acknowledgment, objection, or substitution form may be submitted on a form customarily used by the surety if it contains the information necessary to advise the court whether the surety agrees to remain bound, requires substitute security authorized by law, or does not want to remain bound under the modified bail order. (c) Nothing in this Paragraph prohibits the surety from requiring the monitored individual to comply with the supervision or check-in requirements of the surety as conditions of the surety's willingness to remain on the bond. The requirements provided in this Subparagraph do not constitute court-ordered conditions of release unless expressly adopted by the court. (d) Nothing in this Paragraph limits the surety's rights as otherwise provided by law. (11)(a) When the hearing, any continued setting, or any certificate of non-setting and final notice of termination results in removal of an electronic monitoring device, reduction of supervision, modification of a condition previously imposed for victim safety, or release from custody or supervision status that may affect victim safety, notice to any known victim shall be made in the manner otherwise provided by law. (b) The district attorney shall make every reasonable effort to notify any known victim of the setting, continuance, cancellation, reset, or non-setting of any hearing. If the provider has previously received victim contact information from the victim, the provider may also make a reasonable attempt to notify the victim. Nothing in this Subparagraph requires a provider to obtain victim contact information from any other person or agency. (c) Any victim who has been notified may submit a written victim impact statement and may be heard to the extent permitted by law or by the court. (12) If the monitored individual satisfies the outstanding or delinquent amount lawfully owed or otherwise resolves the delinquency to the provider's satisfaction prior to the hearing, the provider may file a supplemental report withdrawing the hearing request. Upon filing of the supplemental report, the hearing may be cancelled unless the court determines that another issue regarding supervision, bail, victim safety, or public safety remains pending. (13) Any remand, custody decision, bail modification, continued supervision order, or decision to release the monitored individual pursuant to this Subsection shall be based on public safety, victim safety, appearance of the monitored individual in court, surety status, or the loss of court-approved supervision, and not solely on the basis of nonpayment. The court shall state for the record the reasons for any ruling made pursuant to this Subsection.