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State v. Campbell7/6/2004
of sentence, probation or parole. La.Rev.Stat. Ann. § 14:98(D)(1)(West 2001). If a portion of the sentence was imposed with benefit of probation, parole, or suspension of sentence, the offender was required to participate in court-approved substance abuse and driver improvement programs. Id.
The Legislature made substantial changes to La.Rev.Stat. 14:98 in 2001 La. Acts 1163. The penalty ranges remained the same, but the mandatory jail time was reduced from six months to thirty days for a third DWI offender and from two years to sixty days for a fourth offender. The enactment revised La.Rev.Stat. 14:98, which now reads, in pertinent part:
D. (1)(a) On a conviction of a third offense, notwithstanding any other provisions *115 of law to the contrary and regardless of whether the offense occurred before or after an earlier conviction, the offender shall be imprisoned with or without hard labor for not less than one year nor more than five years and shall be fined two thousand dollars. Thirty days of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence. The remainder of the sentence of imprisonment shall be suspended and the offender shall be required to undergo an evaluation to determine the nature and extent of the offender's substance abuse disorder.
(b) The treatment professional performing the evaluation shall recommend appropriate treatment modalities which shall include substance abuse treatment at an inpatient facility recommended by the Department of Health **4 and Hospitals, office for addictive disorders and approved by the Department of Public Safety and Corrections for a period of not less than four weeks and not more than six weeks.
* * *
(d) Upon successful completion of the inpatient substance abuse treatment required by this Paragraph, the offender shall be sentenced to home incarceration for not less than the period of time remaining on the offender's suspended sentence....
(e) If the offender fails to complete the substance abuse treatment required by the provisions of this Paragraph or violates any condition of home incarceration, he shall be imprisoned for the original term of his suspended sentence with no credit for time served under home incarceration. La.Rev.Stat. 14:98 (emphasis added).
The Legislature, in the same Act, added the following significant language:
G. The legislature hereby finds and declares that conviction of a third or subsequent DWI offense is presumptive evidence of the existence of a substance abuse disorder in the offender posing a serious threat to the health and safety of the public. Further, the legislature finds that there are successful treatment methods available for treatment of addictive disorders.... La.Rev.Stat. 14:98.
Thus, it is evident the Legislature revised the law in order to mandate treatment for third and subsequent DWI offenders. The Legislature decided to give those suffering from this addictive disorder a chance at recovery in lieu of imprisonment; the "legislation is an attempt to treat the disease [alcoholism] and give the offender a chance at a normal life." Hearings on House Bill No. 665 Before the House Committee on Administration of Criminal Justice, April 10, 2001, at p. 11. Should the offender fail to complete the treatment or violate any term of the home incarceration, he would then be imprisoned for the remainder of his sentence.
Therefore, pursuant to La.Rev.Stat. 14:98 the defendant here, as a third DWI offender, was subject to a sentence of five years at hard labor, with all but thirty days of which "shall be suspended." The first thirty days must be served without benefit of probation, parole, or suspension of sentence. The defendant was placed on probation for the remainder of the s
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