La. Admin. Code tit. 22 § I-407

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-407 - Sex Offender Payment for Electronic Monitoring

A. Purpose - to state the secretary's policy regarding a sex offender's ability to pay for electronic monitoring.

B. Applicability-deputy secretary, undersecretary, chief of operations, regional wardens, wardens and director of probation and parole. Each unit head is responsible for ensuring that appropriate unit written policy and procedures are in place to comply with the provisions of this regulation.

C. Policy. It is the secretary's policy to provide for close control and/or tracking of sex offender movement and to utilize electronic monitoring to achieve this within resource limits.

D. Definitions

1.Child Sexual Predator-a judicial determination as provided for in R.S. 15:560 et seq. for an offender who has been convicted of a sex offense as defined in R.S. 15:541(12) and/or (24) and who is likely to engage in additional sex offenses against children because he has a mental abnormality or condition which can be verified or because he has a history of committing crimes, wrongs or acts involving sexually assaultive behavior or acts which indicate a lustful disposition toward children.

2.Sex Offender-an offender committed to the custody of the Department of Public Safety and Corrections for a crime enumerated in R.S. 15:541(24). A conviction for any offense provided for in this definition includes a conviction for the offense under the laws of another state, or military, territorial, foreign, tribal, or federal law equivalent to such offense. An individual convicted of the attempt or conspiracy to commit any of the defined sex offenses shall be considered a sex offender for the purpose of this regulation.

3.Sexually Violent Predator-a judicial determination as provided for in R.S. 15:560 et seq., for an offender who has been convicted of an offense as defined in R.S. 15:541(12) and/or (24) and who has a mental abnormality or anti-social personality disorder which makes the person likely to engage in predatory sexually violent offenses.

E. Procedures

1. Sex offenders shall be placed on electronic monitoring based on the following levels of priority:

a. sex offenders with victims under the age of 13 years pursuant to R.S. 14:43.1(C)(2) and (3), 14:43.2(C)(2) and (3), 14:43.3(C), 14:78.1(D), 14:81.1(D)(1) and (3) and 14:81.2(E);

b. child sexual predators and sexually violent predators based upon a judicial determination made in accordance with established policy and procedures. Pursuant to the provisions of R.S. 15:560.4, these sex offenders shall be required to be electronically monitored utilizing electronic location tracking;

c. sex offenders under supervision by the division of probation and parole who pose a high level of risk due to indicators such as past and present criminal behavior/arrests, citizen complaints/reports, officer observation and/or other related risk indicators.

2. Each sex offender being electronically monitored shall pay the cost of such monitoring. The cost attributable to the monitoring of a sex offender who has been determined unable to pay shall be borne by the department if, and only to the degree that such funds are made available by appropriation of state funds or from any other source.

a. A sliding scale of payment may be imposed if the offender is unable to pay all (or any portion) of such costs. The division of probation and parole shall determine the offender's ability to pay by considering income to include all earned and unearned income (i.e. benefits, such as unemployment, disability, retirement, real estate) and all assets and basic living expenses and care of dependents, excluding mandated judgments. Factors to be considered may also include public assistance, such as food stamps, Temporary Assistance for Needy Families, Medicaid, public housing and earnings of less than 200 percent of the federal poverty guideline.

b. Whenever the sex offender cannot fully pay the costs, the determination of ability to pay and amount of payment will be made by the supervising officer with the approval of his supervisor or the district administrator or designee.

c. Failure to comply with established payment responsibilities when it is determined the sex offender had sufficient income shall be deemed a major violation and dealt with according to the division of probation and parole's policies and procedures.

La. Admin. Code tit. 22, § I-407

Promulgated by the Department of Public Safety and Corrections, Corrections Services, LR 34:1630 (August 2008), LR 38:432 (February 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:560.4(B), (C), and (D).