SUBPART C. VIOLATIONS OF MUNICIPAL ORDINANCES
§574.15. Power of elected state, parochial, or municipal officials to parole persons arrested
for violation of municipal ordinances
A.(1) Every elected officer of the state or any parish or municipality in the state shall
have the power to parole a person who is under arrest and detention for the violation of any
criminal or quasi criminal ordinance, not enumerated in Paragraph (2) of this Subsection, of
any municipality in any parish, within the territorial jurisdiction of the state or parish elected
officer, and within the municipality wherein the municipal officer exercises his jurisdiction,
whenever any municipality has a population of more than three hundred thousand persons,
based on the latest federal decennial census. Nothing in this Subsection shall prohibit or
impede judges exercising criminal jurisdiction in district, municipal, or traffic court to fix
bail as guaranteed and authorized by Louisiana Constitution Article I, Section 18 and Code
of Criminal Procedure Article 333.
(2) Persons arrested for any of the following violations of municipal ordinances shall
not be eligible for parole by any elected officer, except district court, and municipal court
judges exercising criminal jurisdiction but only after compliance with Louisiana Code of
Criminal Procedure Articles 327.1 and 335.1:
(a) Any violations of municipal ordinances defining criminal battery and assault.
(b) Any violations of other municipal ordinances including criminal trespass,
criminal damage to property, or disturbing the peace, if they occurred at the arrestee's
residence or if they result from an obvious domestic dispute.
(c) Any violations of Article VII of Chapter 42 of the City Code of the City of New
Orleans dealing with domestic violence as enumerated below:
(i) Attempting to cause or causing physical harm to another family or household
member.
(ii) Placing another family or household member in fear of physical harm.
(iii) Causing another family or household member to engage in involuntary sexual
activity by force, threat of force, or duress.
(iv) Committing one or more of the following crimes against another family or
household member:
(aa) Arson, of any grade.
(bb) Assault, of any grade.
(cc) Burglary, of any grade.
(dd) Criminal damage to property.
(ee) Homicide, of any grade.
(ff) Kidnapping, of any grade.
(gg) Sex offenses, of any grade.
(hh) Any offense involving stolen property.
(ii) Any weapon law violation.
(jj) Disorderly conduct.
(kk) Stalking.
(ll) Criminal trespass of property.
(3) The following persons shall not be eligible for parole by any elected officer:
(a) Persons arrested for two or more felony violations.
(b) Persons arrested for five or more misdemeanors or felony arrests.
(c) Persons arrested for illegal possession or carrying of a firearm.
B.(1) Any such officer may notify the parish sheriff or municipal authority detaining
such a person that he desires that the person be paroled pending arraignment on his own
recognizance. The officer shall notify the parish sheriff or municipal authority detaining said
individual. The notice from the officer may be verbal only if the officer is contacted at his
residence or office and can state an identifying number or word as may be prescribed for
securing proper identification of such officer. Prior to authorizing release, the officer shall
be informed of the nature of the charges pending against the intended parolee.
(2) If the officer cannot be contacted at his residence or office, the notice shall be in
writing only and on a form supplied by the parish sheriff or municipal authority. The form
shall contain a place for the signature of the elected officer, the identification of his elected
position, the name of the person paroled, the nature of the charge pending against the person
paroled, and the date the parole is requested. This written form shall be signed by the officer
and all information called for therein correctly completed and the form delivered to the parish
sheriff or the municipal authority either by the officer or on his behalf before any parole
request may be honored.
(3) At the time of authorizing a release, the officer shall be informed of the criminal
history of the intended parolee. If the authorization is verbal, then the information shall be
given verbally. If the authorization is written, then the information shall be contained upon
the form supplied by the parish sheriff's office or municipal authority as indicated in
Paragraph (2) of this Subsection.
C.(1) For the purposes of this Section, members of the state central committee,
parish executive committees, and municipal executive committees of political parties shall
be deemed to be elected state, parochial, or municipal officials, as the case may be, as
hereinabove set forth.
(2) For purposes of accurate recordkeeping, each of the committees listed above,
shall supply the parish sheriff or municipal authority with a list of membership additions and
deletions, to include the names, addresses, phone numbers and other information as
requested, within thirty days of any changes in committee membership. If this information
is not supplied within thirty days, the membership in question shall not be permitted to
exercise any parole powers until five days after such information has been supplied to the
proper authorities.
D.(1) No elected official shall have any business arrangement with a bail bonding
company.
(2) In any sixty-day period if three persons paroled by an elected official granted
parole power, as described in Subsections A and C, fail to appear for arraignment at the
appointed time, the parish sheriff or the municipal authority may suspend the parole power
of said elected official for a period of sixty days.
Acts 1950, No. 94, §1. Amended by Acts 1963, No. 103, §1; Acts 1983, No. 358,
§1; Acts 1989, No. 814, §1; Acts 1995, No. 918, §1; Acts 2004, No. 833, §2; Acts 2005, No.
65, §1; Acts 2011, 1st Ex. Sess., No. 18, §1.