XXVII § 4 Implementation of Article 312.1 of the Louisiana Code of Criminal Procedure (“Article 312.1”)

(a) Nothing in Article 312.1 shall be construed to require or authorize a trial court to revoke bail for a criminal offense issued by another jurisdiction.

(b) In any instance wherein a judge, magistrate, or commissioner is charged with setting bail for a felony arrest, and is able to determine from available information that a previously set bail in another jurisdiction may need to be revoked pursuant to Article 312.1, the court shall within ten (10) days cause its clerk of court to provide written notice of the relevant arrest to the prosecuting authority of the originating jurisdiction(s) and to the court(s) of competent jurisdiction through its clerk(s). Any court receiving such notice shall conduct an inquiry pursuant to Article 312.1 within fourteen (14) days of receipt and take appropriate action.

(c) The Louisiana District Attorney’s Association is directed to provide the Louisiana Clerk of Court’s Association with a uniform contact sheet for every prosecuting authority that includes a mailing and email address for the notices pursuant to Paragraph (b) of this Section. The clerks of court shall transmit notice required under that Paragraph in accordance with the addresses on that contact sheet.

(d) Law enforcement is not required to obtain and certify information for offenses outside of its own parish, but shall otherwise diligently perform its duties concerning offenses within its jurisdiction. In any instance wherein a judge, magistrate, or commissioner is charged with setting bail for a felony arrest, and law enforcement is unable to discern and certify to the setting court whether the arrested individual is currently on bail for any crime of violence, any sex offense, or any crime involving the possession or use of a firearm, the setting court shall not be required to immediately revoke bail and may instead fix the matter for a contradictory hearing within thirty (30) days, at which time the prosecuting authority shall provide information relating to any existing bail obligation(s) in order for the court to make any determinations required by Article 312.1 or Subsection (b). If the prosecuting authority determines that a revocation is not required by Article 312.1, it shall provide written notice to the court at least ten (10) days prior to the scheduled hearing, and the court may cancel the hearing.