Proposed law would allow house arrest for parents convicted of certain crimes
Posted on by Townsend MyersThe Louisiana State Legislature is proposing a bill that would allow a criminally-indicted parent to serve his or her sentence while under house arrest. Read on to learn more about a plan to keep families together and to possibly lower Louisiana’s high incarceration rate.
The Main Objective of House Bill 264
Proposed by Democrat legislator Patricia Smith, the bill, House Bill 264, would present a criminally indicted person with “community-based sentencing” for crimes “committed by primary caretakers” of dependent children to not let imprisonment tear families apart. This alternative sentencing would resemble house arrest, and it is viewed as a possible solution to Louisiana’s understaffed and overcrowded justice system. According to The Time-Picayune, in 2014, Louisiana had the highest incarceration rate in the U.S.—108 percent above the national average. The population of Louisiana prisons has increased by 35 percent in the last quarter century, a daunting statistic that this proposed bill could hopefully lower.
Qualifications for the In-home Program
The proposed House Bill 264 would create the community-based Alternatives for Primary Caretakers Act. In this legislation, screening and assessment will determine whether the criminally-indicted parent is a child’s primary caretaker and is not charged with a violent crime or sex offense against a person under 18 years old, or any crime committed against their biological or adopted child. If the defendant passes the screening, a court decides on an in-home program that works best for the child. It also might demand the caretaker undergo treatment for drugs and alcohol, counseling for domestic violence, physical and sexual abuse, among other necessary treatments.
Future of the Defendant
Once accepted into the program, the defendant’s sentence is deferred or suspended and replaced by supervised probation. If the person completes the program to the court’s satisfaction, the conviction could be set aside or dismissed. Otherwise, the court can revoke the probation, impose another sentence, or order the defendant to serve the original sentence.
Since 1996, Townsend Myers, a criminal defense attorney who founded NOLA Criminal Law, has represented defendants in numerous felony criminal cases, hundreds of DWI’s, and many misdemeanor and traffic cases in the New Orleans area. If you are in need of legal assistance, call NOLA Criminal Law at 504-571-9529 or fill out our contact form for a free consultation.
