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Committee advances bill lengthening custodial treatment for technical probation violations, ACLU urges limits

Committee on the Administration of Criminal Justice (Louisiana House) · March 31, 2026

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Summary

The committee advanced HB 158 to increase maximum custodial treatment for certain technical probation violations from 90 to 180 days, with sponsors and DPS&C officials framing it as treatment-focused. Civil-rights witnesses warned the draft could be read as permitting jail for minor missed appointments; lawmakers said they will tighten the wording before the floor.

Representative Horton presented HB 158, which would increase the maximum period for custodial treatment imposed for technical probation violations from 90 to 180 days to allow more time to place an offender into treatment programs.

"This would allow more time for the offender to receive treatment," said Jennifer Bush, assistant director with probation and parole, explaining that placement into residential treatment can take weeks.

Civil‑liberties witnesses urged caution. Sarah Whittington of the ACLU of Louisiana said she worried the bill as drafted could be read to permit jail sentences for minor infractions, such as a single missed appointment, and urged an explicit limitation to custodial treatment for treatment‑purpose placements only. "If we're going to provide for an extension to 180 days, I believe . . . it needs to be specified," Whittington said.

Bruce Riley of VOTE also questioned the clarity of "custodial treatment," asking whether it referred to clinical treatment settings or simply time in custody. He urged the committee to assess probable fiscal and jail‑capacity impacts if longer custodial periods were applied broadly.

Jennifer Bush and other department witnesses said the intent is treatment‑focused, not a blanket increase in jail time for technical violations, and committee members asked ACLU staff to work with sponsors on clear amendment language. Representative Horton said she supports tightening the draft and expects an amendment before floor debate.

Representative Horton moved the bill to be reported favorably; the committee reported HB 158 favorably. The transcript does not show a roll‑call tally for the motion.

Next steps: Sponsors committed to working with opponents to add language that specifies custodial treatment is for the purpose of treatment placements and not punitive jail time.