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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
ACT No. 760 SB NO. 47 ENROLLED
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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
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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
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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: