CCRP 899.2     

Art. 899.2. Administrative sanctions for technical violations; offenses other than crimes of violence or sex offenses

            A. Each time a defendant on probation for a crime other than a crime of violence as defined in R.S. 14:2(B) or a sex offense as defined in R.S. 15:541 violates a condition of his probation, a probation agency is authorized to use administrative sanctions to address a technical violation committed by a defendant when all of the following occur:

            (1) The defendant, after receiving written notification of the right to a hearing before a court and the right to counsel provides a written waiver of a probation violation hearing.

            (2) The defendant admits to the violation or affirmatively chooses not to contest the violation alleged in the probation violation report.

            (3) The defendant consents to the imposition of administrative sanctions by the Department of Public Safety and Corrections.

            B. The department shall promulgate rules to implement the provisions of this Article to establish the following:

            (1)(a) A system of structured, administrative sanctions which shall be imposed for technical violations of probation and which shall take into consideration the following factors:

            (i) The severity of the violation behavior.

            (ii) The prior violation history.

            (iii) The severity of the underlying criminal conviction.

            (iv) The criminal history of the probationer.

            (v) Any special circumstances, characteristics, or resources of the probationer.

            (vi) Protection of the community.

            (vii) Deterrence.

            (viii) The availability of appropriate local sanctions, including but not limited to jail, treatment, community service work, house arrest, electronic surveillance, restitution centers, work release centers, day reporting centers, or other local sanctions.

            (b) Incarceration shall not be used for the lowest-tier violations including the first positive drug test and the first or second violation for the following:

            (i) Association with known felons or persons involved in criminal activity.

            (ii) Changing residence without permission.

            (iii) Failure to initially report as required. However, incarceration may be used if the court, after a contradictory hearing, finds that the probationer wilfully failed to report as required and instructed for the purpose of permanently avoiding probation supervision.

            (iv) Failure to pay restitution for up to three months.

            (v) Failure to report as instructed. However, incarceration may be used if the court, after a contradictory hearing, finds that the probationer wilfully failed to report as required and instructed for the purpose of permanently avoiding probation supervision.

            (vi) Traveling without permission.

            (vii) Occasion of unemployment and failure to seek employment within ninety days.

            (c) Incarceration shall not be used for first or second violations of alcohol use or admission, except for defendants convicted of operating a vehicle while intoxicated pursuant to R.S. 14:98; defendants convicted of domestic abuse battery pursuant to R.S. 14:35.3 committed by one family member or household member against another; defendants convicted of battery by one dating partner as defined by R.S. 46:2151 against another; or defendants convicted of violation of a protective order, pursuant to R.S. 14:79, issued against the defendant to protect a family member or household member as defined by R.S. 14:35.3, or a dating partner as defined by R.S. 46:2151.

            (2) Procedures to provide a probationer with written notice of the right to a probation violation hearing to determine whether the probationer violated the conditions of probation alleged in the violation report and the right to be represented by counsel at state expense at that hearing if financially eligible.

            (3) Procedures for a probationer to provide written waiver of the right to a probation violation hearing, to admit to the violation or affirmatively choose not to contest the violation alleged in the probation violation report, and to consent to the imposition of administrative sanctions by the department.

            (4) The level and type of sanctions that may be imposed by probation officers and other supervisory personnel.

            (5) The level and type of violation behavior that warrants a recommendation to the court that probation be revoked.

            (6) Procedures notifying the probationer, the district attorney, the defense counsel of record, and the court of probation of a violation admitted by the probationer and the administrative sanctions imposed.

            (7) Such other policies and procedures as are necessary to implement the provisions of this Article and to provide adequate probation supervision.

            C. If the administrative sanction imposed pursuant to the provisions of this Article is jail confinement, the confinement shall not exceed ten days per violation and shall not exceed a total of sixty days per year.

            D. For purposes of this Article, "technical violation" means any violation of a condition of probation, except that it does not include any of the following:

            (1) An allegation of a criminal act that is subsequently proven to be a felony.

            (2) An allegation of a criminal act that is subsequently proven to be an intentional misdemeanor directly affecting the person.

            (3) An allegation of a criminal act pursuant to R.S. 14:2(B).

            (4) An allegation of a criminal act pursuant to R.S. 15:541.

            (5) An allegation of domestic abuse battery pursuant to R.S. 14:35.3 committed by one family member or household member against another, or battery committed by one dating partner as defined by R.S. 46:2151 against another.

            (6) An allegation of 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 a dating partner as defined by R.S. 46:2151.

            (7) Being in possession of a firearm or other prohibited weapon.

            (8) Absconding from the jurisdiction of the court by leaving the state without the prior approval of the probation and parole officer.

            Acts 2017, No. 280, §1, eff. November 1, 2017.