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Section 330.4 – Detention of noncitizen defendant pending bail hearing

May 13, 2021 | Crimianl Procedure, Louisiana

A. A contradictory bail hearing, as provided for in this Article, shall be held prior to setting bail for any person in custody who is not a citizen of the United States or not lawfully admitted for permanent residence and who is charged with the commission of an offense in which there was a fatality. The hearing shall be held within five days from the date of determination of probable cause, exclusive of weekends and legal holidays. At the contradictory hearing, the court shall determine the conditions of bail or whether the defendant should be held without bail pending trial.
B. In determining whether the defendant should be admitted to bail pending trial, or in determining the conditions of bail, the judge or magistrate shall consider the following:

(1) The criminal history of the defendant.
(2) The nature and seriousness of the danger to any other person or the community that would be posed by the defendant’s release.
(3) Documented history or records of substance abuse by the defendant.
(4) The seriousness of the offense charged and the weight of the evidence against the defendant.
(5) The risk that the defendant might flee.
C. Following the contradictory hearing and based upon the judge’s or magistrate’s review of the factors set forth in Paragraph B of this Article, the judge or magistrate may order that the defendant not be admitted to bail, upon proof by clear and convincing evidence that the defendant might flee, or that the defendant poses an imminent danger to any other person or the community.
D. If bail is granted, the judge or magistrate may consider, as a condition of bail, a requirement that the defendant wear an electronic monitoring device and be placed under active electronic monitoring and house arrest. The conditions of the electronic monitoring and house arrest shall be determined by the court and may include but are not limited to limitation of the defendant’s activities outside the home and a curfew. The defendant may be required to pay a reasonable supervision fee to the supervising agency to defray the cost of the required electronic monitoring and house arrest.
E. Any violation of the conditions of bail may be punishable by revocation of the bond and the issuance of a bench warrant for the defendant’s arrest or remanding of the defendant to custody or a modification of the terms of bail.

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PRESIDENT OF THE SENATE

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SPEAKER OF THE HOUSE OF REPRESENTATIVES

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GOVERNOR OF THE STATE OF LOUISIANA

APPROVED: ______________

La. Cr.P. ยง 330.4

Added by Acts 2016, No. 474,s. 1, eff. 8/1/2016.