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Old 06-14-2016, 07:04 PM
Nadiag Nadiag is offline
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Default Louisiana New Parole Laws for techinal violations

2016 Regular Session ACT No. 213
HOUSE BILL NO. 172
BY REPRESENTATIVE JEFFERSON
1 AN ACT
2 To amend and reenact Code of Criminal Procedure Article 900(A)(6)(b), relative to
3 technical parole violations; to provide for earning of credit for time served prior to
4 revocation; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. Code of Criminal Procedure Article 900(A)(6)(b) is hereby amended and
7 reenacted to read as follows:
8 Art. 900. Violation hearing; sanctions
9 A. After an arrest pursuant to Article 899 of this Code, the court shall cause
10 a defendant who continues to be held in custody to be brought before it within thirty
11 days for a hearing. If a summons is issued pursuant to Article 899 of this Code, or
12 if the defendant has been admitted to bail, the court shall set the matter for a
13 violation hearing within a reasonable time. The hearing may be informal or
14 summary. If the court decides that the defendant has violated, or was about to
15 violate, a condition of his probation it may:
16 * * *
17 (6)
18 * * *
19 (b) Notwithstanding the provisions of Subparagraph (A)(5) of this Article,
20 any defendant who has been placed on probation by the court for the conviction of
21 an offense other than a crime of violence as defined in R.S. 14:2(B) or of a sex
22 offense as defined in R.S. 15:541(24), and who has had his probation revoked under
23 the provisions of this Article for his first technical violation of his probation as
24 determined by the court, shall be required to serve a sentence of not more than ninety
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HB NO. 172 ENROLLED
1 days without diminution of sentence or credit for time served prior to the revocation
2 for a technical violation. The defendant shall be given credit for time served prior
3 to the revocation hearing for time served in actual custody while being held for a
4 technical violation in a local detention facility, state institution, or out-of-state
5 institution pursuant to Code of Criminal Procedure Article 880. The term of the
6 revocation for a technical violation shall begin on the date the court orders the
7 revocation. Upon completion of the imposed sentence for the technical revocation,
8 the defendant shall return to active and supervised probation for a period equal to the
9 remainder of the original period of probation subject to any additional conditions
10 imposed by the court. The provisions of this Paragraph shall apply only to the
11 defendant's first revocation for a technical violation.
12 * * *
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Old 06-15-2016, 08:41 AM
fbopnomore fbopnomore is offline
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Welcome to Prison Talk. Is the maximum 90 day sentence for the first technical PV an improvement, or not? I imagine that the part about not receiving credit for some of the time he is locked up waiting for the hearing is not.
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Old 06-15-2016, 08:59 AM
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Welcome to Prison Talk. Is the maximum 90 day sentence for the first technical PV an improvement, or not? I imagine that the part about not receiving credit for some of the time he is locked up waiting for the hearing is not.
The 90 day sentence is an improvement, but the other part isn't. Oh well, it's Louisiana. You can't expect much.
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Old 06-15-2016, 03:58 PM
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Welcome to Prison Talk. Is the maximum 90 day sentence for the first technical PV an improvement, or not? I imagine that the part about not receiving credit for some of the time he is locked up waiting for the hearing is not.
Louisiana isn't the only state not giving credit. My son is in Georgia & we're trying to get his credit for 40 days waiting for his PV hearing. The DOC says it has to state it in the judge's order. The county clerk of court says the judge tells you in court that it should be applied but it's up to DOC if they do it. He doesn't order it but it is shown on the prisoner history sheet. So it's a Catch 22. DOC says judge has to order it & judge says he can't order DOC to do it. I'm still trying to get that straightened out so we don't lose 40 days of a 2 year sentence.
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Old 06-15-2016, 07:07 PM
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Louisiana isn't the only state not giving credit. My son is in Georgia & we're trying to get his credit for 40 days waiting for his PV hearing. The DOC says it has to state it in the judge's order. The county clerk of court says the judge tells you in court that it should be applied but it's up to DOC if they do it. He doesn't order it but it is shown on the prisoner history sheet. So it's a Catch 22. DOC says judge has to order it & judge says he can't order DOC to do it. I'm still trying to get that straightened out so we don't lose 40 days of a 2 year sentence.
The DOC is full of it. Your son should get credit for those 40 days. If you can get a "Letter of Jail Credit" from the facility where he spent those 40 days, the DOC, or whoever is computing the time should give him credit for those 40 days.
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