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      CCRP 894.4     

  

Art. 894.4. Probation; extension

NOTE: Art. 894.4 effective until August 1, 2018. See Acts 2017, No. 260, §1

            When a defendant has been sentenced to probation and has a monetary obligation, including but not limited to court costs, fines, costs of prosecution, and any other monetary costs associated with probation, the judge may extend the period of probation until the monetary obligation is extinguished.

NOTE: Art. 894.4 as amended by Acts 2017, No. 260, §1, effective August 1, 2018.

            A. When a defendant has been sentenced to probation and has a monetary obligation, including but not limited to court costs, fines, costs of prosecution, and any other monetary costs associated with probation, the judge may not extend the period of probation for the purpose of collecting any unpaid monetary obligation, except as provided in Paragraph B of this Article, but may refer the unpaid monetary obligation to the office of debt recovery pursuant to R.S. 47:1676.

            B. The judge may extend probation only one time and only by a period of six months for the purpose of monitoring collection of unpaid victim restitution if the court finds on the record by clear and convincing evidence that the court's temporary ongoing monitoring would ensure collection of unpaid restitution more effectively than any of the following:

            (1) Converting the unpaid restitution to a civil money judgment pursuant to Article 886 or 895.1.

            (2) Referring the unpaid restitution to the office of debt recovery pursuant to R.S. 47:1676.

            (3) Any other enforcement mechanism for collection of unpaid restitution authorized by law.

            C. A six-month extension of probation as provided in Paragraph B shall apply only to the order of victim restitution. All other conditions of probation during the six-month extension shall be terminated.

Acts 2006, No. 823, §1; Acts 2010, No. 808, §1; Acts 2017, No. 260, §1, eff. August 1, 2018.



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