Page 1 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2010 ENROLLED SENATE BILL NO. 47 BY SENATOR CROWE 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 (2) (1) The monthly fee established in this Paragraph shall be deposited18 immediately upon receipt in the state treasury.19 (3) (2) After compliance with the requirements of Article VII, Section 9(B)20 of the Constitution of Louisiana relative to the Bond Security and Redemption Fund,21 and prior to monies being placed in the state general fund, an amount equal to that22 deposited as required by Subparagraph (2) hereof (1) of this Paragraph shall be23 credited to a special fund which is hereby created in the state treasury to be known24 SB NO. 47 ENROLLED Page 2 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. as the "Sex Offender Registry Technology Fund". The monies in this fund shall be1 used solely as provided in Subparagraph (4) hereof (3) of this Paragraph and only2 in the amounts appropriated by the legislature.3 (4) (3) The monies in the Sex Offender Registry Technology Fund shall be4 appropriated as follows:5 (a) For Fiscal Year 2006-2007, the amount of one hundred ninety thousand6 dollars to the Department of Public Safety and Corrections, office of state police, to7 be used in the administration of programs for the registration of sex offenders in8 compliance with federal and state laws, and support of community notification9 efforts by local law enforcement agencies. For Fiscal Years 2007-2008 and thereafter10 through 2009-2010, the amount to be appropriated under this Subparagraph shall be11 twenty-five thousand dollars. For Fiscal Years 2010-2011, and thereafter, the12 amount to be appropriated to the Department of Public Safety and Corrections,13 office of state police, shall be twenty-five thousand dollars for the purposes of14 maintaining and administering the programs for the registration of sex15 offenders pursuant to this Subparagraph.16 (b) For Fiscal Year 2006-2007 2010-2011 and each year thereafter, an17 amount equal to fifteen percent of the total residual monies available for18 appropriation from the fund after satisfying the requirements of Subparagraph (a) of19 this Paragraph shall be appropriated to the Department of Public Safety and20 Corrections, office of adult services, division of probation and parole.21 (c) For Fiscal Year 2010-2011, and thereafter, residual monies available22 for appropriation after satisfying the requirements of Subsubparagraphs (a)23 and (b) of this Subparagraph shall be appropriated to the Department of24 Justice, office of the attorney general. Of that residual amount, one hundred25 fifty thousand dollars shall be allocated to the office of the attorney general of26 which fifty thousand dollars shall be allocated for personnel and other costs to27 assist and monitor sheriff participation in utilization of the computer system,28 and one hundred thousand dollars of which shall be allocated to the cost of29 maintenance of the computer system which shall interface with the computer30 SB NO. 47 ENROLLED Page 3 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. systems of the sheriffs of the parishes for registration of sex offenders.1 (c) (d) For Fiscal Year 2006-2007, residual monies available for2 appropriation after satisfying the requirements of Subparagraphs (a) and (b) of this3 Paragraph shall be appropriated to the Department of Public Safety and Corrections,4 office of state police, for distribution to the sheriff of each parish, based on the5 population of convicted sex offenders, sexually violent predators, and child predators6 residing in the respective parish according to the State Sex Offender and Child7 Predator Public Registry. Such population data shall be as compiled and certified by8 the undersecretary of the Department of Public Safety and Corrections on the first9 day of June. The office of state police shall make these distributions to the recipient10 sheriffs no later than June fifteenth. For Fiscal Years 2007-2008 and thereafter,11 residual monies available for appropriation after satisfying the requirements of12 Subparagraphs (a) and (b) of this Paragraph shall be appropriated to the Department13 of Justice, office of the attorney general. Of such residual monies, for Fiscal Year14 2007-2008, the amount of two hundred thousand dollars shall be allocated to the15 office of the attorney general to facilitate the acquisition, implementation, and16 support of a computer system for the sheriff of each parish to monitor and track17 convicted sex offenders, sexually violent predators, and child predators residing in18 such parish according to the State Sex Offender and Child Predator Registry. For19 Fiscal Years 2008-2009 and thereafter, the amount of one hundred fifty thousand20 dollars shall be allocated to the office of the attorney general of which fifty thousand21 dollars shall be allocated for personnel and other costs to assist and monitor sheriff22 participation in utilization of the computer system, and one hundred thousand dollars23 of which shall be allocated to the cost of maintenance of the computer system. The24 After providing for the allocations in Subsubparagraphs (a), (b) and (c) of this25 Subparagraph, the remainder of the residual monies shall be distributed in the Sex26 Offender Registry Technology Fund shall, pursuant to an appropriation to the27 office of the attorney general, be distributed to the sheriff of each parish, based28 on the population of convicted sex offenders, sexually violent predators, and child29 predators who are residing in the parish and who are active sex offender30 SB NO. 47 ENROLLED Page 4 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. registrants or active child predator registrants in the respective parishes1 according to the State Sex Offender and Child Predator Registry. Such These funds2 shall be used to cover the costs associated with sex offender registration and3 compliance. Such population Population data necessary to implement the4 provisions of this Subparagraph shall be as compiled and certified by the5 undersecretary of the Department of Public Safety and Corrections on the first day6 of June of each year. The No later than June fifteenth of each year, the office of7 the attorney general shall make these distributions, which are based on the data8 certified by the undersecretary of the Department of Public Safety and9 Corrections, to the recipient sheriffs no later than June fifteenth who are actively10 registering offenders pursuant to this Paragraph.11 PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED: