§ 15:538 — Conditions of probation, parole, and suspension or diminution of sentence

§538. Conditions of probation, parole, and suspension or diminution of sentence
A.(1) No sexual offender, whose offense involved a minor child, shall be eligible for
probation, parole, or suspension of sentence unless, as a condition thereof, the sexual
offender is prohibited from engaging in any business activity which provides goods, services,
instruction, or care to and requires the offender to engage in a significant amount of direct
contact with minor children.
(2) No sexual offender, whose offense involved a minor child, shall be eligible for
probation, parole, or suspension of sentence unless, as a condition thereof, the sexual
offender is prohibited from engaging in any volunteer work activity which provides goods,
services, instruction, or care to or requires the offender to engage in direct contact with minor
children. When the volunteer activity does not require the offender to engage in such contact
with minor children due to the nature of the volunteer activity, the sex offender shall
nonetheless provide notice to the officer or director of the volunteer organization of his status
as a convicted sex offender prior to engaging in any volunteer work activity with the
organization. No volunteer organization, nor any officer or director thereof, shall be civilly
liable for any injury caused by a violation of the provisions of this Subsection.
B. No sexual offender shall be eligible for probation, parole, or suspension of
sentence unless, as a condition thereof, the sexual offender is prohibited from engaging in
any unsupervised business or volunteer work activity which provides goods, services,
instruction, or care to and requires the offender to engage in a significant amount of direct
contact with potential victims who are minor children.
C.(1)(a) No sexual offender, whose offense involved a minor child who is twelve
years old or younger; or
(b) Who is convicted two or more times of a violation of R.S. 14:42, 42.1, 43, 43.1,
43.2, 43.3, 43.4, 78, 78.1, or 89.1 shall be eligible for probation, parole, or suspension of
sentence or diminution of sentence if imposed as a condition by the sentencing court
pursuant to R.S. 15:537(A), unless, as a condition thereof, the offender undergoes a treatment
plan based upon a mental health evaluation which plan shall effectively deter recidivist
sexual offenses by the offender, thereby reducing risk of reincarceration of the offender and
increasing safety of the public, and under which the offender may reenter society. Serial
sexual offenders sentenced pursuant to R.S. 15:537(B) shall not be eligible for parole,
probation, or suspension of sentence.
(2)(a) "Mental health evaluation", as used in this Subsection, means an examination
by a qualified mental health professional with experience in treating sexual offenders.
(b) The treatment plan may include:
(i) The utilization of medroxyprogesterone acetate treatment or its chemical
equivalent as a preferred method of treatment.
(ii) A component of defined behavioral intervention if the evaluating qualified
mental health professional determines that is appropriate for the offender.
(3)(a) The provisions of this Subsection shall only apply if parole, probation, or
suspension or diminution of sentence is permitted by law and the offender is otherwise
eligible.
(b) If on probation or subject to a sentence that has been suspended, the offender
shall begin medroxyprogesterone acetate or chemically equivalent treatment as ordered by
the court or a qualified mental health professional and medical staff.
(c) If medroxyprogesterone acetate or chemically equivalent treatment is part of an
incarcerated offender's treatment plan, the offender shall begin such treatment six weeks
prior to release.
(d) The offender shall continue treatments during incarceration and any suspended
sentence, probation, or parole, unless it is determined that the treatment is no longer
necessary.
(4) Before beginning medroxyprogesterone acetate or chemical equivalent therapy
as required by the provisions of this Subsection, the offender shall be informed about the
uses and side effects of medroxyprogesterone therapy, and provide the department with a
written acknowledgment that he has received this information.
(5) The offender shall be responsible for the costs of the evaluation, the treatment
plan, and the treatment.
(6)(a) Chemical treatment pursuant to this Subsection shall be administered by the
state through a licensed medical practitioner.
(b) Any physician or qualified mental health professional who acts in good faith in
compliance with this Subsection in the administration of treatment shall be immune from
civil or criminal liability for his actions in connection with such treatment.
(7) Failure to continue or complete treatment pursuant to this Subsection shall be a
ground for revocation of probation, parole, or suspension of sentence. Good time earned
may be forfeited pursuant to R.S. 15:571.4.
(8) If an offender voluntarily undergoes a permanent, surgical alternative to
hormonal chemical treatment for sex offenders, he shall not be subject to the provisions of
this Subsection.
(9) The Department of Public Safety and Corrections shall promulgate rules and
regulations to implement the provisions of this Subsection.
D.(1) No sexual offender, whose offense involved a minor child, shall be eligible for
probation, parole, or suspension of sentence unless, as a condition thereof, the sexual
offender is prohibited from:
(a) Going in, on, or within one thousand feet of the school property of any public or
private elementary or secondary school, or the physical presence in any motor vehicle or
other means of conveyance owned, leased, or contracted by such school to transport students
to or from school or a school-related activity when persons under the age of eighteen years
are present on the school property or in a school vehicle.
(b) Going in, on, or within one thousand feet of any of the following:
(i) Early learning center as defined by R.S. 17:407.33.
(ii) Residence in which child care services are provided by a family child care
provider or in-home provider who is registered pursuant to R.S. 17:407.61 et seq.
(iii) Residential home as defined by R.S. 46:1403.
(iv) Playground.
(v) Public or private youth center.
(vi) Public swimming pool.
(vii) Free standing video arcade facility.
(c) Physically residing within one thousand feet of any of the following:
(i) Public or private elementary or secondary school.
(ii) Early learning center as defined by R.S. 17:407.33.
(iii) Residence in which child care services are provided by a family child care
provider or in-home provider who is registered pursuant to R.S. 17:407.61 et seq.
(iv) Residential home as defined by R.S. 46:1403.
(v) Playground.
(vi) Public or private youth center.
(vii) Public swimming pool.
(viii) Free standing video arcade facility.
(d) Communicating, either in written or oral form, with the victim or a family
member of the victim, unless the victim consents to such communication in writing.
(2)(a) It shall not be a violation of Subsection (D)(1)(a) of this Section if the offender
has permission to be present on school premises from the superintendent of the school board
in the case of a public school or the principal or headmaster in the case of a private school.
(b) If permission is granted to an offender to be present on public school property by
the superintendent for that public school pursuant to this Paragraph, then the superintendent
shall notify the principal at least twenty-four hours in advance of the visit by the offender.
This notification shall include the nature of the visit and the date and time in which the sex
offender will be present in the school. The offender shall notify the office of the principal
upon arrival on the school property and upon departing from the school. If the offender is
to be present in the vicinity of children, the offender shall remain under the direct supervision
of a school official.
(3) For purposes of this Subsection:
(a) "School property" means any property used for school purposes, including but
not limited to school buildings, playgrounds, and parking lots.
(b) "Sexual offender" means a person defined as a sex offender in R.S. 15:536(A).
(4) Whoever violates the provisions of this Subsection shall have his probation,
parole or suspension of sentence revoked and shall be fined not more than one thousand
dollars or imprisoned for not more than six months, or both.
(5) Notwithstanding the provisions of this Subsection, a requirement that a defendant
not go in, on, or within one thousand feet of certain premises does not apply to a defendant
while the defendant is in or going immediately to or from a:
(a) Community supervision and corrections department office;
(b) Premises at which the defendant is participating in a program, activity or work
required as a condition of community supervision;
(c) Residential facility in which the defendant is required to reside as a condition of
community supervision, if the facility was in operation as a residence for defendants on
community supervision on June 1, 2004; or
(d) Private residence at which the defendant is required to reside as a condition of
community supervision.
(6) Any sexual offender, whose offense involved a minor child, and who was placed
on probation or was paroled prior to August 15, 2004, and is on probation or parole as of
August 15, 2005, shall have the following prohibitions added as conditions of probation and
parole pursuant to Code of Criminal Procedure Articles 895 and 896 or R.S. 15:574.4 and
574.7:
(a) Going in, on, or within one thousand feet of the school property of any public or
private elementary or secondary school, or the physical presence in any motor vehicle or
other means of conveyance owned, leased, or contracted by such school to transport students
to or from school or a school-related activity when persons under the age of eighteen years
are present on the school property or in a school vehicle.
(b) Going in, on, or within one thousand feet of any of the following:
(i) Early learning center as defined by R.S. 17:407.33.
(ii) Residence in which child care services are provided by a family child care
provider or in-home provider who is registered pursuant to R.S. 17:407.61 et seq.
(iii) Residential home as defined by R.S. 46:1403.
(iv) Playground.
(v) Public or private youth center.
(vi) Public swimming pool.
(vii) Free standing video arcade facility.
(c) Physically residing within one thousand feet of any of the following:
(i) Early learning center as defined by R.S. 17:407.33.
(ii) Residence in which child care services are provided by a family child care
provider or in-home provider who is registered pursuant to R.S. 17:407.61 et seq.
(iii) Residential home as defined by R.S. 46:1403.
(iv) Playground.
(v) Public or private youth center.
(vi) Public swimming pool.
(vii) Free standing video arcade facility.
(d) Communicating, either in written or oral form, with the victim or a family
member of the victim, unless the victim consents to such communication in writing.
E.(1) In cases where the sexual offender has been convicted of or where adjudication
has been deferred or withheld for the perpetration or attempted perpetration of a sex offense
as defined in R.S. 15:541 and the victim of that offense is a minor, the court or the committee
on parole may, if the department has the equipment and appropriately trained personnel, as
an additional condition of probation or parole, authorize the use of truth verification
examinations to determine if the sexual offender has violated a condition of probation or
parole. If ordered by the court or the committee on parole as a condition of probation or
parole, the Department of Public Safety and Corrections, division of probation and parole,
is hereby authorized to administer a truth verification examination pursuant to the order of
the court or the committee on parole and the provisions of this Subsection.
(2) Any examination conducted pursuant to the provisions of this Subsection shall
be subsequent to an allegation that the sexual offender has violated a condition of probation
or parole or at the discretion of the probation or parole officer who has reason to believe that
the sexual offender has violated a condition of probation or parole.
(3) The truth verification examination shall be conducted by a trained and certified
polygraphist or voice stress examiner.
(4) The results of the truth verification examination may be considered in
determining the level of supervision and treatment needed by the sexual offender and in the
determination of the probation or parole officer as to whether the sexual offender has
violated a condition of probation or parole; however, such results shall not be used as
evidence in court or by the committee on parole to prove that a violation of a condition of
probation or parole has occurred.
(5) The sexual offender may request a second truth verification examination to be
conducted by a trained and certified polygraphist or voice stress examiner of his choice. The
cost of the second examination shall be borne by the offender.
(6) For purposes of this Subsection:
(a) "Polygraph examination" shall mean an examination conducted with the use of
an instrument or apparatus for simultaneously recording cardiovascular pressure, pulse and
respiration, and variations in electrical resistance of the skin.
(b) "Truth verification examination" shall include a polygraph examination or a voice
stress analysis.
(c) "Voice stress analysis" shall mean an examination conducted with the use of an
instrument or apparatus which records psychophysiological stress responses that are present
in a human voice when a person suffers psychological stress in response to a stimulus.

Legislative History

Acts 1994, 3rd Ex. Sess., No. 126, §1; Acts 1995, No. 1265, §1, eff. June 29, 1995; Acts 1997, No. 746, §1; Acts 1999, No. 525, §1; Acts 1999, No. 1209, §1; Acts 2004, No. 178, §2; Acts 2005, No. 503, §2; Acts 2009, No. 210, §2, eff. Sept. 1, 2009; Acts 2012, No. 705, §1; Acts 2018, No. 5, §2.