Art. 900. Violation hearing; sanctions
A. After an arrest pursuant to Article 899, the court shall cause a defendant who
continues to be held in custody to be brought before it within thirty days for a hearing. If a
summons is issued pursuant to Article 899, or if the defendant has been admitted to bail, the
court shall set the matter for a violation hearing within a reasonable time. The hearing may
be informal or summary. The defendant may choose, with the court's consent, to appear at
the violation hearing and stipulate the revocation by simultaneous audio-visual transmission
in accordance with the provisions of Article 562. If the court decides that the defendant has
violated, or was about to violate, a condition of his probation, it may:
(1) Reprimand and warn the defendant.
(2) Order that supervision be intensified.
(3) Add additional conditions to the probation.
(4) Order the defendant, as an additional condition of probation, to be committed to
a community rehabilitation center operated by, or under contract with, the Department of
Public Safety and Corrections for a period of time not to exceed six months, without benefit
of parole or good time, if:
(a) There is bed space available.
(b) The offender has been sentenced to the department, and the sentence has been
suspended pursuant to Article 893.
(c) Such commitment does not extend the period of probation beyond the maximum
period of probation provided by law.
(d) The violation of probation did not involve the commission of another felony.
(e) The placement in a community rehabilitation center is recommended by the
division of probation and parole.
(5) Order that the probation be revoked. In the event of revocation the defendant
shall serve the sentence suspended, with or without credit for the time served on probation
at the discretion of the court. If the imposition of sentence was suspended, the defendant shall
serve the sentence imposed by the court at the revocation hearing.
(6)(a) Notwithstanding the provisions of Subparagraph (5) of this Paragraph, any
defendant who has been placed on probation by the drug division probation program
pursuant to R.S. 13:5304, and who has had his probation revoked under the provisions of this
Article for a technical violation of drug division probation as determined by the court, may
be ordered to be committed to the custody of the Department of Public Safety and
Corrections and be required to serve a sentence of not more than twelve months without
diminution of sentence in the intensive incarceration program pursuant to the provisions of
R.S. 15:574.4.4. Upon successful completion of the program, the defendant shall return to
active, supervised probation with the drug division probation program for a period of time
as ordered by the court, subject to any additional conditions imposed by the court and under
the same provisions of law under which the defendant was originally sentenced. If an
offender is denied entry into the intensive incarceration program for physical or mental health
reasons or for failure to meet the department's suitability criteria, the department shall notify
the sentencing court for resentencing in accordance with the provisions of Article 881.1.
(b) Notwithstanding the provisions of Subparagraph (5) of this Paragraph, any
defendant who has been placed on probation by the court for the conviction of an offense
other than a crime of violence as defined in R.S. 14:2(B) or of a sex offense as defined by
R.S. 15:541, and who has been determined by the court to have committed a technical
violation of his probation, may be required to serve a sentence of not more than ninety days
without diminution of sentence.
(c) The defendant shall be given credit for time served prior to the revocation hearing
for time served in actual custody while being held for a technical violation in a local
detention facility, state institution, or out-of-state institution pursuant to Article 880. The
term of the revocation for a technical violation shall begin on the date the court orders the
revocation. Upon completion of the imposed sentence for the technical revocation, the
defendant shall return to active and supervised probation for a period equal to the remainder
of the original period of probation subject to any additional conditions imposed by the court.
The provisions of this Subparagraph shall apply only to the defendant's first revocation for
a technical violation.
(d) A "technical violation", as used in this Paragraph, means any violation of a
condition of probation that may be addressed by an administrative sanction authorized by the
court pursuant to Article 899.1.
(e) None of the following, unless deemed a technical violation by the court when its
discretion is permitted, shall be considered a technical violation nor addressed by
administrative sanctions:
(i) Being arrested for, charged with, or convicted of any of the following:
(aa) A felony.
(bb) A violation of any provision of Title 40 of the Louisiana Revised Statutes of
1950, except for misdemeanor possession of marijuana or tetrahydrocannabinol, or chemical
derivatives thereof, as provided in R.S. 40:966(C)(2), which shall be considered a "technical
violation".
(cc) Any intentional misdemeanor directly affecting the person.
(dd) Any criminal act that is a violation of a protective order, pursuant to R.S. 14:79,
issued against the offender to protect a family member or household member as defined by
R.S. 14:35.3 or dating partner as defined by R.S. 46:2151.
(ee) At the discretion of the court, any attempt to commit any intentional
misdemeanor directly affecting the person.
(ff) At the discretion of the court, any attempt to commit any other misdemeanor.
(ii) Being in possession of a firearm or other prohibited weapon.
(iii) At the discretion of the court, failing to appear at any court hearing.
(iv) Absconding from the jurisdiction of the court.
(v) At the discretion of the court, failing to satisfactorily complete a drug court
program if ordered to do so as a special condition of probation.
(vi) At the discretion of the court, failing to report to the probation officer for more
than one hundred twenty consecutive days.
(7) Extend the period of probation, provided the total amount of time served by the
defendant on probation for any one offense shall not exceed the maximum period of
probation provided by law.
B. When a defendant has been committed to a community rehabilitation center
pursuant to Subparagraph (A)(4) of this Article, upon written request of the department that
an offender be removed for violating the rules or regulations of the community rehabilitation
center, the court shall cause the defendant to be brought before it and order that probation be
revoked with credit for the time served in the community rehabilitation center.
C. The department may pay a per diem for offenders placed in a community
rehabilitation center pursuant to the provisions of Subparagraph (A)(4) of this Article.
D. When a court considers the revocation of probation, the court shall consider
aggravating and mitigating circumstances in the case, including but not limited to the
circumstances stated in Article 894.1. If the court revokes the probation of the defendant,
the court shall issue oral or written reasons for revocation which shall be entered into the
record. The oral or written reasons for revocation shall state the allegations made by the
probation officer concerning a violation or threatened violation of the conditions of
probation, the findings of the court concerning those allegations, the factual basis or bases
for those findings, and the aggravating circumstances, or mitigating circumstances, or both,
considered by the court.
Amended by Acts 1979, No. 90, §1; Acts 1991, No. 96, §1; Acts 1995, No. 335, §1;
Acts 1997, No. 1323, §1; Acts 2006, No. 113, §1; Acts 2007, No. 402, §1; Acts 2009, No.
182, §1; Acts 2010, No. 352, §1; Acts 2011, No. 33, §1; Acts 2014, No. 271, §1; Acts 2014,
No. 633, §1; Acts 2016, No. 213, §1; Acts 2017, No. 280, §1, eff. November 1, 2017; Acts
2017, No. 406, §1; Acts 2018, No. 668, §2; Acts 2024, 2nd Ex. Sess., No. 8, §1.