ENROLLED
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ACT No. 173
Regular Session, 2012
HOUSE BILL NO. 122
BY REPRESENTATIVE LOPINTO
AN ACT1
To amend and reenact Children's Code Article 901.1(A) and R.S. 15:824(A) and (C),2
relative to probation and parole supervision fees; to provide with respect to a3
reduction in supervision fees for juveniles; relative to the commitment of persons to4
the custody of the Department of Public Safety and Corrections; to authorize the5
commitment of certain persons to the custody of the Department of Public Safety and6
Corrections prior to conviction or sentencing; to provide for the housing of those7
persons; to provide for reimbursement to the department; and to provide for related8
matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. Children's Code Article 901.1(A) is hereby amended and reenacted to11
read as follows: 12
Art. 901.1. Probation and parole supervision fees13
A. When the court suspends the imposition or execution of sentence and14
places the child or his parent or both on supervised probation or grants the child15
supervised parole, and the probationer or parolee is to be supervised by the16
Department of Public Safety and Corrections or any other agency, the court shall17
order payment, as a condition of probation or parole, of a monthly supervision fee.18
The supervision fee imposed shall be not less than ten nor more than one hundred not19
exceed fifty dollars per month and shall be payable to the department or other20
supervising agency to defray the costs of supervision. These funds are only to21
supplement the level of funds that would ordinarily be available from regular state22
or other appropriations.23
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Section 2. R.S. 15:824(A) and (C) are hereby amended and reenacted to read as1
follows: 2
ยง824. Commitment of persons to the Department of Public Safety and Corrections3
A. Notwithstanding any provision of law to the contrary, any individual4
subject to confinement in a state adult penal or correctional institution shall be5
committed to the Louisiana Department of Public Safety and Corrections and not to6
any particular institution within the jurisdiction of the department. The director of7
corrections shall assign each newly committed inmate to an appropriate penal or8
correctional facility. The director secretary of the department may transfer an inmate9
from one such facility to another, insofar as the transfer is consistent with the10
commitment and in accordance with treatment, training, and security needs11
established by the department; however, no juvenile may be transferred to a penal12
or correctional facility for persons committed by a court having criminal jurisdiction13
except in accordance with the provisions of R.S. 15:1062.14
* * *15
C.(1) Notwithstanding any provision of law to the contrary, only individuals16
actually sentenced to death or confinement at hard labor shall be committed to the17
Department of Public Safety and Corrections. 18
(2) However, in exceptional circumstances, an individual housed in a local19
parish facility awaiting trial who has not yet been convicted or who has not been20
sentenced to the custody of the department may be housed in a facility under the21
control of the department if all of the following occur:22
(a) The sheriff requests that the individual be housed in a facility under the23
control of the department.24
(b) The secretary of the department certifies that the sheriff has insufficient25
facilities to house the individuals and that the transfer is necessary to prevent danger26
to the individuals, other inmates, or to the public, or to provide adequate physical or27
mental medical treatment to the individual.28
(c) The sheriff has determined that the individuals should be housed by the29
department because the sheriff has insufficient facilities to house the individual and30 ENROLLEDHB NO. 122
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are additions.
that the transfer is necessary to prevent danger to the individual, other inmates, or to1
the public, or to provide adequate physical or mental medical treatment to the2
individual.3
(3) An individual housed pursuant to the provisions of Paragraph (2) of this4
Subsection shall be housed pursuant to specific criteria promulgated by the secretary.5
(4) The sheriff or the governing authority of those parishes in which the6
governing authority operates the local parish facility shall reimburse the department7
at the rate of twenty-four dollars and thirty-nine cents per day for keeping and8
feeding the individual in a facility under the control of the department. In addition,9
the sheriff or the governing authority of those parishes in which the governing10
authority operates the local parish facility shall reimburse the department for the cost11
of extraordinary medical expenses as referenced in Subparagraph (B)(1)(c) of this12
Section incurred for the individual housed in a facility under the control of the13
department.14
(5) The daily sum shall be paid from the date of transfer to the department15
facility until the individual is sentenced to confinement at hard labor or is acquitted16
or otherwise released from physical custody.17
(6) Individuals housed in a facility under the control of the department at the18
request of the sheriff pursuant to this Section shall be housed separate and apart from19
offenders who have been sentenced to confinement at hard labor.20
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: