SB 95: CRIMINAL PROCEDURE: Provides relative to electronic monitoring of certain offenders. (8/1/25) (EN SEE FISC NOTE GF EX) - Louisiana

SB95 Original → SB95 Act 416 · 5 edits

MODERATE

This bill updates Louisiana's electronic monitoring laws by expanding the list of agencies that must be notified of violations to include the Department of Public Safety and Corrections and the Office of State Police. It also clarifies that the cost of monitoring for adults must be paid by the monitored individual, while allowing courts to waive costs for juveniles. Additionally, the penalty for failing to report violations was increased from a flat $1,000 fine to a daily fine of up to $1,000 per day, with a maximum cap of $10,000 per incident.

Scope change

The bill expands the scope of electronic monitoring oversight by adding state-level law enforcement and corrections agencies to the notification requirements, ensuring broader coordination when violations occur.

REQUIREMENT

Added the Department of Public Safety and Corrections, corrections services, the office of state police, and the Louisiana Commission on Law Enforcement and Administration of Criminal Justice to the list of entities that must be notified of monitoring violations.

FISCAL

Clarified that the cost of electronic monitoring for adults must be borne by the person being monitored, while explicitly allowing courts to waive these costs for juveniles or at the request of the responsible entity.

ENFORCEMENT

Increased the penalty for providers who fail to report violations from a flat $1,000 fine to a daily fine of up to $1,000 per day, capped at $10,000 per instance.

TIMELINE

Changed the reporting timeline for violations from 'within one day' to 'immediately but in no event not longer than thirty minutes' after verification of the violation.

DEFINITION

Added a new section requiring electronic monitoring providers to actively monitor compliance and submit monthly noncompliance reports to the district attorney.

SB95 Enrolled → SB95 Original · 4 edits

MODERATE

This bill significantly narrows the scope of required notifications for electronic monitoring violations and increases penalties for providers who fail to report them. Originally, providers had to notify a broad list of officials including the Department of Public Safety and the Commission on Law Enforcement; the revised version limits this requirement to the bail agent, district attorney, and attorney general. Additionally, the penalty for intentionally withholding violation reports was changed from a flat $1,000 fine to a daily fine of up to $1,000 per day of non-compliance.

Scope change

The bill's scope of required notification recipients was reduced from multiple state agencies to specific judicial and prosecutorial officials.

REQUIREMENT

The list of officials who must be notified of monitoring violations was shortened, removing the Department of Public Safety and the Commission on Law Enforcement and Administration of Criminal Justice.

The requirement to submit monthly activity reports to courts and prosecuting authorities was removed from the bill.

ENFORCEMENT

The penalty for intentionally failing to report monitoring violations was increased from a one-time $1,000 fine to a fine of up to $1,000 for each day the violation continues.

TECHNICAL

New section headers and formatting consistent with the 'Original' version were added, replacing the 'Enrolled' version text.

SB95 Reengrossed → SB95 Enrolled · 5 edits · Jun 20, 2025

MODERATE

The bill was finalized and enrolled for passage, changing the header from a draft version to the official enrolled text. Substantive policy changes include expanding the authority of courts to waive monitoring costs for juveniles or upon request from the responsible entity, clarifying that noncompliance reports must be sent to both the court and the prosecuting authority, and tightening the reporting deadline for violations to within 30 minutes of verification. Additionally, the maximum fine for intentional failure to report violations was increased from $1,000 to $1,000 per day, and the prohibition on registering as a provider was extended from five years to an indefinite period.

Scope change

The bill's scope remains focused on electronic monitoring of criminal defendants, but the enforcement mechanisms and cost-sharing rules have been broadened.

REQUIREMENT

Expanded the list of recipients for noncompliance reports to include both the court and the prosecuting authority, whereas previously only the court was explicitly listed.

TIMELINE

Reduced the maximum time allowed to report a violation from one day to thirty minutes after verification of the notice.

FISCAL

Changed the rule for waiving monitoring costs from a mandatory waiver for juveniles to a discretionary waiver for juveniles or any other matter at the request of the cost-responsible entity.

ENFORCEMENT

Increased the maximum daily fine for intentional failure to report violations from $1,000 to $1,000 and extended the ban on providing services from five years to a permanent prohibition.

TECHNICAL

Updated the document header to reflect the final 'Enrolled' status and adjusted page counts to reflect the final version.

SB95 Engrossed → SB95 Reengrossed · 5 edits · Jun 3, 2025

MODERATE

The bill was reengrossed to update the header and clarify that electronic monitoring costs for adults are borne by the monitored individual, while courts retain the power to waive costs for juveniles. New requirements mandate that monitored individuals maintain their equipment and consent to short-term detention (up to six hours) for repairs if the signal is interrupted. Additionally, providers must actively monitor compliance and report violations, and courts can now issue arrest warrants for noncompliance.

Scope change

The bill's scope regarding cost responsibility and enforcement mechanisms was expanded to include specific conditions for equipment maintenance and mandatory reporting of violations.

FISCAL

Clarified that adults must pay for their own electronic monitoring, whereas courts may waive costs for juveniles.

REQUIREMENT

Added a requirement for monitored individuals to keep equipment charged and working.

Added a requirement for individuals to consent to up to six hours of detention for equipment repair if the signal is interrupted.

ENFORCEMENT

Mandated that providers actively monitor compliance and submit daily violation reports to the district attorney.

Authorized courts to issue arrest warrants for individuals who fail to comply with monitoring conditions.

CRIMINAL PROCEDURE: Provides relative to electronic monitoring of certain offenders. (8/1/25) (EN SEE FISC NOTE GF EX)

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