Louisiana HB 123: CRIMINAL/JUSTICE: Provides relative to electronic monitoring (OR +$10,356,586 GF EX See Note)

Bill Text

HLS 26RS-336 ORIGINAL
2026 Regular Session
HOUSE BILL NO. 123
BY REPRESENTATIVE BAYHAM
CRIMINAL/JUSTICE: Provides relative to electronic monitoring
1 AN ACT
2 To amend and reenact R.S. 15:571.36(A)(introductory paragraph), (C)(1)(introductory
3 paragraph), (2)(introductory paragraph), (3)(introductory paragraph), and
4 (4)(introductory paragraph), and (D), to enact R.S. 15:571.36(F) and (G) and 571.39,
5 and to repeal R.S. 15:571.36(C)(5) and 835, relative to electronic monitoring; to
6 provide for rulemaking; to provide for submission of reports; to provide for
7 penalties; to provide relative to the disclosure of certain information; to provide for
8 definitions; to provide for the duties of the Louisiana Commission on Law
9 Enforcement and Administration of Criminal Justice; to provide for the registration
10 of electronic monitoring service providers; and to provide for related matters.
11 Be it enacted by the Legislature of Louisiana:
12 Section 1. R.S. 15:571.36(A)(introductory paragraph), (C)(1)(introductory
13 paragraph), (2)(introductory paragraph), (3)(introductory paragraph), and (4)(introductory
14 paragraph), and (D) are hereby amended and reenacted and R.S. 15:571.36(F) and (G) and
15 571.39 are hereby enacted to read as follows:
16 §571.36. Electronic monitoring equipment
17 A. The Department of Public Safety and Corrections, corrections services,
18 the office of state police, and the Louisiana Commission on Law Enforcement and
19 Administration of Criminal Justice, hereinafter referred to as the "commission", shall
20 develop written policies and procedures in the manner provided in the
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.

HLS 26RS-336 ORIGINAL
HB NO. 123
1 Administrative Procedure Act for the promulgation of rules governing mandatory
2 requirements for electronic monitoring service providers and manufacturers,
3 including the availability, storage, use of, and operational capacity for electronic
4 monitoring equipment utilized for pretrial, post-conviction, or monitoring, which
5 shall include all of the following requirements:
6 * * *
7 C.(1) When an individual has been placed under electronic monitoring, the
8 provider of the electronic monitoring services shall, by noon of the following day,
9 provide law enforcement agencies within the appropriate jurisdiction and the
10 prosecuting authority the commission with all of the following information:
11 * * *
12 (2) Electronic monitoring service providers shall submit an accurate report
13 to each court exercising jurisdiction over the persons being monitored and the
14 prosecuting authority, the commission by the tenth day of each month for the
15 previous month's monitoring activity to include with all of the following information:
16 * * *
17 (3) By January fifteenth of each year, electronic monitoring service providers
18 shall submit an accurate annual report to each court exercising jurisdiction over any
19 monitored person during the previous calendar year the commission that includes all
20 of the following information:
21 * * *
22 (4) When a violation of the defendant's monitoring conditions has occurred,
23 the provider of electronic monitoring services shall report the violation to the bail
24 agent on record, the law enforcement agencies within the appropriate jurisdiction,
25 and the prosecuting authority, and the court exercising jurisdiction over the
26 defendant immediately but in no event not longer than thirty minutes from the
27 provider's verification of a notice of violation that any of the following involving the
28 electronic monitoring equipment has occurred:
29 * * *
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.

HLS 26RS-336 ORIGINAL
HB NO. 123
1 D. Any provider of an electronic monitoring service who intentionally
2 withholds or intentionally fails to timely report information as required by this
3 Section shall be fined not more than one thousand dollars per each day of a violation,
4 not to exceed ten thousand dollars per instance or individual monitored, or
5 imprisoned with or without hard labor for not more than six months, and shall be
6 prohibited from registering to provide electronic monitoring services in this state for
7 a period of five years one year.
8 * * *
9 F. Any person or agency in possession of personal information of the
10 monitored individual that is obtained pursuant to Subsection C of this Section shall
11 implement and maintain reasonable security procedures and practices appropriate to
12 the nature of the information to protect the personal information from unauthorized
13 access, destruction, use, modification, or disclosure.
14 G. Except as provided in Subsection C of this Section, no employee of a
15 state agency, law enforcement agency, or prosecuting authority shall intentionally
16 release, disseminate, or publish any personal informat