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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 and thereafter17
through 2009-2010, the amount to be appropriated under this Subparagraph shall be18
twenty-five thousand dollars. For Fiscal Years 2010-2011, and thereafter, the19
amount to be appropriated to the Department of Public Safety and Corrections,20
office of state police, shall be twenty-five thousand dollars for the purposes of21
maintaining and administering the programs for the registration of sex22
offenders pursuant to this Subparagraph.23
(b) For Fiscal Year 2006-2007 2010-2011 and each year thereafter, an24
amount equal to fifteen percent of the total residual monies available for25
appropriation from the fund after satisfying the requirements of Subparagraph (a) of26
this Paragraph shall be appropriated to the Department of Public Safety and27
Corrections, office of adult services, division of probation and parole.28
(c) For Fiscal Year 2010-2011, and thereafter, residual monies available29 SB NO. 47
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for appropriation after satisfying the requirements of Subsubparagraphs (a)1
and (b) of this Subparagraph shall be appropriated to the Department of2
Justice, office of the attorney general. Of that residual amount, one hundred3
fifty thousand dollars shall be allocated to the office of the attorney general of4
which fifty thousand dollars shall be allocated for personnel and other costs to5
assist and monitor sheriff participation in utilization of the computer system,6
and one hundred thousand dollars of which shall be allocated to the cost of7
maintenance of the computer system which shall interface with the computer8
systems of the sheriffs of the parishes for registration of sex offenders.9
(c) (d) For Fiscal Year 2006-2007, residual monies available for10
appropriation after satisfying the requirements of Subparagraphs (a) and (b) of this11
Paragraph shall be appropriated to the Department of Public Safety and Corrections,12
office of state police, for distribution to the sheriff of each parish, based on the13
population of convicted sex offenders, sexually violent predators, and child predators14
residing in the respective parish according to the State Sex Offender and Child15
Predator Public Registry. Such population data shall be as compiled and certified by16
the undersecretary of the Department of Public Safety and Corrections on the first17
day of June. The office of state police shall make these distributions to the recipient18
sheriffs no later than June fifteenth. For Fiscal Years 2007-2008 and thereafter,19
residual monies available for appropriation after satisfying the requirements of20
Subparagraphs (a) and (b) of this Paragraph shall be appropriated to the Department21
of Justice, office of the attorney general. Of such residual monies, for Fiscal Year22
2007-2008, the amount of two hundred thousand dollars shall be allocated to the23
office of the attorney general to facilitate the acquisition, implementation, and24
support of a computer system for the sheriff of each parish to monitor and track25
convicted sex offenders, sexually violent predators, and child predators residing in26
such parish according to the State Sex Offender and Child Predator Registry. For27
Fiscal Years 2008-2009 and thereafter, the amount of one hundred fifty thousand28
dollars 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 monitor sheriff1
participation in utilization of the computer system, and one hundred thousand dollars2
of which shall be allocated to the cost of maintenance of the computer system. The3
After providing for the allocations in Subsubparagraphs (a), (b) and (c) of this4
Subparagraph, the remainder of the residual monies shall be distributed in the Sex5
Offender Registry Technology Fund shall, pursuant to an appropriation to the6
office of the attorney general, be distributed to the sheriff of each parish, based7
on the population of convicted sex offenders, sexually violent predators, and child8
predators who are residing in the parish and who are active sex offender9
registrants or active child predator registrants in the respective parishes10
according to the State Sex Offender and Child Predator Registry. Such These funds11
shall be used to cover the costs associated with sex offender registration and12
compliance. Such population Population data necessary to implement the13
provisions of this Subparagraph shall be as compiled and certified by the14
undersecretary of the Department of Public Safety and Corrections on the first day15
of June of each year. The office of the attorney general shall make these16
distributions based on the data certified by the undersecretary of the17
Department of Public Safety and Corrections to the recipient sheriffs no later than18
June fifteenth of each year to sheriffs who are actively registering offenders19
pursuant to this Paragraph.20
The original instrument was prepared by Carla S. Roberts. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Cathy Wells.
DIGEST
Crowe (SB 47)
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 SB NO. 47
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enforcement agencies and provides that this amount be reduced to $25,000 for FY
2007-2008 and thereafter. Proposed law provides that the $25,000 allocated to the
office of state police shall be for FY 2007-2008 through FY 2009-2010. For FY
2010-2011 and thereafter, the $25,000 shall be used by the office of state police for
the purposes of maintaining and administering the programs for the registration of
sex offenders.
(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 applies for FY 2010-2011 and
each year thereafter and that an amount equal to 15% of the total residual 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)Present law requires that for FY 06-07, residual monies available for appropriation
after satisfying the requirements of present law Items (1) and (2) 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.
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.
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.
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. SB NO. 47
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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 after payments to the office of
state police, office of adult services, division of probation and parole and to the
office of the attorney general, the attorney general, pursuant to an appropriation,
shall distribute the remaining 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))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Finance to the original
bill.
1. Restores present law regarding appropriations to the Dept. of Public Safety
and Corrections, office of state police, through FY 2009-2010.
2. Provides that for FY 2010-2011, and thereafter, the appropriation of $25,000
to the office of state police shall be used for the purposes of maintaining and
administering the programs for the registration of sex offenders.
3. Technical amendments.
Senate Floor Amendments to engrossed bill.
1. Makes technical corrections.