A. At the time of sentencing for a crime of violence as defined by R.S. 14:2(B) or a sex offense as defined by R.S. 15:541, the court may make a determination as to whether a defendant is eligible for the imposition of administrative sanctions as provided for in this Article. If authorized to do so by the sentencing court, each time a defendant violates a condition of his probation, a probation agency may use administrative sanctions to address a technical violation committed by a defendant when all of the following occur:
(1) The defendant, after receiving written notification of the right to a hearing before a court and the right to counsel provides a written waiver of a probation violation hearing.
(2) The defendant admits to the violation or affirmatively chooses not to contest the violation alleged in the probation violation report.
(3) The defendant consents to the imposition of administrative sanctions by the Department of Public Safety and Corrections.
B. The department shall promulgate rules to implement the provisions of this Article to establish the following:
(1) A system of structured, administrative sanctions which shall be imposed for technical violations of probation and which shall take into consideration the following factors:
(a) The severity of the violation behavior.
(b) The prior violation history.
(c) The severity of the underlying criminal conviction.
(d) The criminal history of the probationer.
(e) Any special circumstances, characteristics, or resources of the probationer.
(f) Protection of the community.
(g) Deterrence.
(h) The availability of appropriate local sanctions, including but not limited to jail, treatment, community service work, house arrest, electronic surveillance, restitution centers, work release centers, day reporting centers, or other local sanctions.
(2) Procedures to provide a probationer with written notice of the right to a probation violation hearing to determine whether the probationer violated the conditions of probation alleged in the violation report and the right to be represented by counsel at state expense at that hearing if financially eligible.
(3) Procedures for a probationer to provide written waiver of the right to a probation violation hearing, to admit to the violation or affirmatively choose not to contest the violation alleged in the probation violation report, and to consent to the imposition of administrative sanctions by the department.
(4) The level and type of sanctions that may be imposed by probation officers and other supervisory personnel.
(5) The level and type of violation behavior that warrants a recommendation to the court that probation be revoked.
(6) Procedures notifying the probationer, the district attorney, the defense counsel of record, and the court of probation of a violation admitted by the probationer and the administrative sanctions imposed.
(7) Such other policies and procedures as are necessary to implement the provisions of this Article and to provide adequate probation supervision.
C. If the administrative sanction imposed pursuant to the provisions of this Article is jail confinement, the confinement shall not exceed ten days per violation and shall not exceed a total of sixty days per year.
D. For purposes of this Article, "technical violation" means any violation of a condition of probation, except for an allegation of a subsequent criminal act. Notwithstanding any provision of law to the contrary, if the subsequent alleged criminal act is misdemeanor possession of marijuana or tetrahydrocannabinol, or chemical derivatives thereof, as provided in R.S. 40:966(E)(1), it shall be considered a "technical violation".
Acts 2011, No. 104, §2; Acts 2014, No. 633, §1; Acts 2017, No. 280, §1, eff. November 1, 2017.