Contributed by Angela White

Fines in SB 46:

(1) If the conditions in the unlicensed group home would not lead to unjustifiable pain or suffering, the offender will be fined not more than $1,000, or imprisoned for up to six months, or both.

(2) Where the conditions in the unlicensed group home would likely lead to or actually caused unjustifiable pain, malnourishment, or suffering while a resident resided in the home, the offender will be fined not more than $10,000, or imprisoned, with or without hard labor, for not more than 10 years, or both. At least one year of the sentence imposed must be served without the benefit of parole, probation, or suspension of sentence.

(3) Where the conditions in the home contributed to a resident's death, the offender will be imprisoned, at hard labor, for not less than five years nor more than 40 years. At least three years of the sentence imposed must be served without benefit of probation or suspension of sentence.

Status as of 4/9: 

• Assigned to Judiciary Committee
• Transferred from Senate Committee:   
• Adopted in Senate with Amendments
• Passed to House
• Pending House Committee: Administration of Criminal Justice

Opinion

This is a good start. Gaps exist in legislative oversight at state and local levels with issues in transparency  and  accountability of non-profits and agencies responsible for the licensing of group homes to house occupants with developmental disabilities, undertaking substance rehabilitation, or criminal offender reentry into society.