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Regular Session, 2010
SENATE BILL NO. 47
BY SENATOR CROWE
PROBATION/PAR OLE. Provides for certain probation fees paid into the Sex Offender
Registry Technology Fund. (8/15/10)
AN ACT1
To amend and reenact Code of Criminal Procedure Article 895.1(F), relative to fees paid as2
a condition of probation; to provide for the allocation and use of fees credited to the3
Sex Offender Registry Technology Fund; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Code of Criminal Procedure Article 895.1(F) is hereby amended and6
reenacted to read as follows: 7
Art. 895.1. Probation; restitution; judgment for restitution; fees8
* * *9
F. When the court places the defendant on supervised probation, it shall order10
as a condition of probation the payment of a monthly fee of not less than five dollars11
and fifty cents. The monthly fee established in this Paragraph shall be in addition to12
the fee established in Paragraph C of this Article and shall be paid, collected, by the13
Department of Public Safety and Corrections and shall be transmitted, deposited,14
appropriated, and used in accordance with the following provisions:15
(1) The monthly fee established in this Paragraph shall be paid to the16
Department of Public Safety and Corrections.17 SB NO. 47
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(2) (1) The monthly fee established in this Paragraph shall be deposited1
immediately upon receipt in the state treasury.2
(3) (2) After compliance with the requirements of Article VII, Section 9(B)3
of the Constitution of Louisiana relative to the Bond Security and Redemption Fund,4
and prior to monies being placed in the state general fund, an amount equal to that5
deposited as required by Subparagraph (2) hereof (1) of this Paragraph shall be6
credited to a special fund which is hereby created in the state treasury to be known7
as the "Sex Offender Registry Technology Fund". The monies in this fund shall be8
used solely as provided in Subparagraph (4) hereof (3) of this Paragraph and only9
in the amounts appropriated by the legislature.10
(4) (3) The monies in the Sex Offender Registry Technology Fund shall be11
appropriated as follows:12
(a) For Fiscal Year 2006-2007 the amount of one hundred ninety thousand13
dollars to the Department of Public Safety and Corrections, office of state police, to14
be used in the administration of programs for the registration of sex offenders in15
compliance with federal and state laws, and support of community notification16
efforts by local law enforcement agencies. For Fiscal Years 2007-2008 and17
thereafter, the amount to be appropriated under this Subparagraph shall be twenty-18
five thousand dollars.19
(b) (a) For Fiscal Year 2006-2007 2010-2011 and each year thereafter, an20
amount equal to fifteen percent of the total residual monies available for21
appropriation from the fund after satisfying the requirements of Subparagraph (a) of22
this Paragraph shall be appropriated to the Department of Public Safety and23
Corrections, office of adult services, division of probation and parole.24
(b) For Fiscal Year 2010-2011, and thereafter, residual monies available25
for appropriation after satisfying the requirements of Subparagraphs (a) of this26
Paragraph shall be appropriated to the Department of Justice, office of the27
attorney general. Of that residual amount, one hundred fifty thousand dollars28
shall be allocated to the office of the attorney general of which fifty thousand29 SB NO. 47
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dollars shall be allocated for personnel and other costs to assist and monitor1
sheriff participation in utilization of the computer system, and one hundred2
thousand dollars of which shall be allocated to the cost of maintenance of the3
computer system which shall interface with the computer systems of the sheriffs4
of the parishes for registration of sex offenders.5
(c) For Fiscal Year 2006-2007, residual monies available for appropriation6
after satisfying the requirements of Subparagraphs (a) and (b) of this Paragraph shall7
be appropriated to the Department of Public Safety and Corrections, office of state8
police, for distribution to the sheriff of each parish, based on the population of9
convicted sex offenders, sexually violent predators, and child predators residing in10
the respective parish according to the State Sex Offender and Child Predator Public11
Registry. Such population data shall be as compiled and certified by the12
undersecretary of the Department of Public Safety and Corrections on the first day13
of June. The office of state police shall make these distributions to the recipient14
sheriffs no later than June fifteenth. For Fiscal Years 2007-2008 and thereafter,15
residual monies available for appropriation after satisfying the requirements of16
Subparagraphs (a) and (b) of this Paragraph shall be appropriated to the Department17
of Justice, office of the attorney general. Of such residual monies, for Fiscal Year18
2007-2008, the amount of two hundred thousand dollars shall be allocated to the19
office of the attorney general to facilitate the acquisition, implementation, and20
support of a computer system for the sheriff of each parish to monitor and track21
convicted sex offenders, sexually violent predators, and child predators residing in22
such parish according to the State Sex Offender and Child Predator Registry. For23
Fiscal Years 2008-2009 and thereafter, the amount of one hundred fifty thousand24
dollars shall be allocated to the office of the attorney general of which fifty thousand25
dollars shall be allocated for personnel and other costs to assist and monitor sheriff26
participation in utilization of the computer system, and one hundred thousand dollars27
of which shall be allocated to the cost of maintenance of the computer system. The28
remainder of the residual monies in excess of the amount appropriated pursuant29 SB NO. 47
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to Subparagraphs (a) and (b) of this Paragraph shall be distributed through the1
office of the attorney general to the sheriff of each parish, based on the population2
of convicted sex offenders, sexually violent predators, and child predators who are3
residing in the parish and who are active sex offender registrants or active child4
predator registrants in the respective parishes according to the State Sex Offender5
and Child Predator Registry. Such These funds shall be used to cover the costs6
associated with sex offender registration and compliance. Such population7
Population data necessary to implement the provisions of this Subparagraph8
shall be as compiled and certified by the undersecretary of the Department of Public9
Safety and Corrections on the first day of June of each year. The office of the10
attorney general shall make these distributions based on the data certified by the11
undersecretary of the Department of Public Safety and Corrections to the12
recipient sheriffs no later than June fifteenth of each year to sheriff's who are13
actively registering offenders pursuant to this Paragraph.14
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Carla S. Roberts.
DIGEST
Proposed law retains present law requirement that when a court places a defendant on
supervised probation, as a condition of probation, the court shall order the defendant to pay
a monthly fee of $5.50 to the Department of Public Safety and Corrections and that the fee
collected be credited into the Sex Offender Registry Fund and that the monies in this Fund
be paid as follows:
(1) Present law requires that for FY 06-07 the amount of $190,000 be appropriated to
the Department of Public Safety and Corrections, office of state police, to be used
to administer programs for registration of sex offenders in compliance with federal
and state laws, and to support of community notification efforts by local law
enforcement agencies and provides that this amount be reduced to $25,000 for FY
2007-2008 and thereafter. Proposed law deletes this provision.
(2) Present law requires that for FY 06-07 and each year thereafter, an amount equal to
15% of the total residual monies available for appropriation from the fund after
satisfying the requirements of present law Item (1) above be appropriated to the
Department of Public Safety and Corrections, office of adult probation and parole.
Proposed law retains this provision but provides that it apply for FY 2010-2011 and
each year thereafter and that an amount equal to 15% of the total monies available
for appropriation from the Fund be appropriated to the Department of Public Safety
and Corrections, office of adult services, division of probation and parole.
(3)(a) Present law requires that for FY 06-07, residual monies available for
appropriation after satisfying the requirements of present law Items (1) and (2) SB NO. 47
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above, be appropriated to the Department of Public Safety and Corrections, office
of state police, for distribution to the sheriff of each parish, based on the population
of convicted sex offenders, sexually violent predators, and child predators residing
in the respective parish according to the State Sex Offender and Child Predator
Public Registry. Requires that the population data be compiled and certified by the
undersecretary of the department on the first day of June and that the office of state
police distribute the monies to the recipient sheriffs not later than June fifteenth.
Proposed law deletes this provision regarding FY 06-07.
(b) Present law requires that for FY 07-08 and thereafter, residual monies available
for appropriation after satisfying the requirements of present law Items (1) and (2)
above, be appropriated to the Department of Justice, office of the attorney general.
Requires that of these residual monies for FY 07-08, $200,000 be allocated to the
office of the attorney general to facilitate the acquisition, implementation, and
support of a computer system for the sheriff of each parish to monitor and track
convicted sex offenders, sexually violent predators, and child predators residing in
such parish according to the State Sex Offender and Child Predator Registry.
Proposed law deletes this provision.
(c) Present law requires that for FY 08-09 and thereafter, $150,000 shall be allocated
to the office of the attorney general of which $50,000 shall be allocated for personnel
and other costs to assist and monitor sheriff participation in utilization of the
computer system, and $100,000 be allocated to the cost of maintenance of the
computer system. Proposed law requires that for FY 2010-2011, and thereafter, all
residual monies available after satisfying the requirements of proposed law Item (1)
above (payments for the office of adult services, division of probation and parole)
are to be appropriated to the Department of Justice, office of the attorney general.
Provides that of this amount, $150,000 be allocated to the office of the attorney
general of which $50,000 shall be allocated for personnel and other costs to assist
and monitor sheriff participation in utilization of the computer system, and $100,000
shall be allocated to the cost of maintenance of the computer system which shall
interface with the computer systems of the sheriffs of the parishes for registration of
sex offenders.
(d) Present law requires the distribution of the remainder of residual monies to the
sheriff of each parish, based on the population of convicted sex offenders, sexually
violent predators, and child predators residing in the respective parishes according
to the State Sex Offender and Child Predator Registry. Requires that these funds be
used to cover the costs associated with sex offender registration and compliance.
Requires that the population data be compiled and certified by the undersecretary of
the Department of Public Safety and Corrections on the first day of June and that the
attorney general distribute funds to the recipient sheriffs no later than June fifteenth.
Proposed law retains this provision but provides that the distribution be of the
monies in excess of those appropriated pursuant to proposed law Items (2) and (3)
above (after payments to the office of adult services, division of probation and parole
and to the office of the attorney general). Requires that the attorney general distribute
these monies to the recipient sheriffs not later than June 15
th
of each year to sheriffs
who actively register sex offenders.
Effective August 15, 2010.
(Amends C. Cr. P. 895.1(F)