§571.36. Electronic monitoring equipment
A. 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 shall develop written policies and procedures in the manner provided in the
Administrative Procedure Act for the promulgation of rules governing mandatory
requirements for electronic monitoring service providers and manufacturers, including the
availability, storage, use of, and operational capacity for electronic monitoring equipment
utilized for pretrial, post-conviction, or monitoring, which shall include all of the following
requirements:
(1)Secure storage, making equipment inaccessible to a monitored individual.
(2)Visual inspection of equipment worn by the
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§571.36. Electronic monitoring equipment
A. 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 shall develop written policies and procedures in the manner provided in the
Administrative Procedure Act for the promulgation of rules governing mandatory
requirements for electronic monitoring service providers and manufacturers, including the
availability, storage, use of, and operational capacity for electronic monitoring equipment
utilized for pretrial, post-conviction, or monitoring, which shall include all of the following
requirements:
(1) Secure storage, making equipment inaccessible to a monitored individual.
(2) Visual inspection of equipment worn by the monitored individual to determine
its condition not less than once per month.
(3) A master listing and inventory.
(4) Availability of at least one complete backup unit for every twenty-five units in
use.
(5) Responses to system malfunctions.
(6) Restricted password access to authorized staff of base station hardware.
(7) Maintenance and cleaning of equipment.
(8) Location accuracy of a monitored individual for all of the following:
(a) The indoor location of a monitored individual.
(b) The outdoor location of a monitored individual.
(c) On-demand location, which is the most recent location of a monitored individual,
and the ability to provide this location accuracy within three minutes of a request.
(9) Development of zoning capabilities for both of the following:
(a) Inclusion zones, which are geographic areas where a monitored individual is
scheduled to be.
(b) Exclusion zones, which are geographic areas where a monitored individual is not
permitted to visit.
(10) Alert notifications to a provider of electronic monitoring services for all of the
following:
(a) The tampering of the electronic monitoring equipment and the ability to provide
an alert of this violation within three minutes of the violation.
(b) The presence of the electronic monitoring equipment in an exclusion zone and
the ability to provide an alert of this violation within four minutes of the violation.
(c) Low battery alert prior to the complete discharge of the battery within the
electronic monitoring equipment.
(11) Simultaneous access to an authorizing judge or law enforcement agency for all
monitoring records of an electronic monitoring provider.
(12) The certification standards and registration requirements for electronic
monitoring providers and manufacturers who render electronic monitoring services in this
state.
B. When the court has placed an individual under electronic monitoring, the name
and contact information of the person or entity providing electronic monitoring services shall
be entered in the docket for the case in which the electronic monitoring is ordered.
C.(1) When an individual has been placed under electronic monitoring, the provider
of the electronic monitoring services shall, by noon of the following day, provide law
enforcement agencies within the appropriate jurisdiction and the prosecuting authority all of
the following information:
(a) The name and any aliases used by the monitored individual.
(b) The physical address or addresses of residence of the monitored individual.
(c) The name and physical address of place of employment. If the monitored
individual does not have a fixed place of employment, he shall provide information with as
much specificity as possible regarding the places where he works, including but not limited
to travel routes used by the monitored offender.
(d) The pending criminal charges against the monitored individual.
(e) The reason why the monitored individual has been placed under electronic
monitoring.
(2) Electronic monitoring service providers shall submit an accurate report to each
court exercising jurisdiction over the persons being monitored and the prosecuting authority,
by the tenth day of each month for the previous month's monitoring activity to include all of
the following information:
(a) The name and any aliases used by the monitored individual.
(b) The date of birth of the monitored individual.
(c) The offense that the monitored individual has been charged with, or convicted
of.
(3) By January fifteenth of each year, electronic monitoring service providers shall
submit an accurate annual report to each court exercising jurisdiction over any monitored
person during the previous calendar year that includes all of the following information:
(a) The services offered.
(b) The areas served.
(c) The number of defendants served.
(d) The number of defendants terminated.
(e) The reasons for termination.
(f) The credentials or qualifications of the provider.
(4) When a violation of the defendant's monitoring conditions has occurred, the
provider of electronic monitoring services shall report the violation to the bail agent on
record, the law enforcement agencies within the appropriate jurisdiction, the prosecuting
authority, and the court exercising jurisdiction over the defendant immediately but in no
event not longer than thirty minutes from the provider's verification of a notice of violation
that any of the following involving the electronic monitoring equipment has occurred:
(a) Presence in an exclusion zone, which are geographic areas where the defendant
is not permitted to visit.
(b) Tampering or destruction.
(c) Loss of battery power.
(d) Loss of communications.
(5) After an individual has been placed under electronic monitoring, the court
exercising jurisdiction over the monitored individual shall report the information provided
in this Subsection to all law enforcement agencies within its jurisdiction.
D. Any provider of an electronic monitoring service who intentionally withholds or
intentionally fails to timely report information as required by this Section shall be fined not
more than one thousand dollars per each day of a violation, not to exceed ten thousand
dollars per instance or individual monitored, or imprisoned for not more than six months, and
shall be prohibited from registering to provide electronic monitoring services in this state for
a period of five years.
E. The Integrated Criminal Justice Information System Policy Board, in consultation
with the Department of Public Safety and Corrections, corrections services, the office of state
police, the office of the attorney general, the office of information and technology systems,
and the Louisiana Commission on Law Enforcement and Administration of Criminal Justice,
shall evaluate the feasibility of all of the following:
(1) Development of a statewide system for the use of global position system
monitoring and other electronic methods of monitoring as an alternative to incarceration for
persons who have been arrested, who are awaiting trial, or who have been convicted.
(2) Development of guidelines and criteria for contracts between a local government
and a person or entity that provides electronic monitoring services.
(3) Development and maintenance of a centralized registry that can assist the state
in the collection of the following data:
(a) The number of persons who are electronically monitored by jurisdiction.
(b) The number of violations that occur within each jurisdiction.