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Regular Session, 2013
SENATE BILL NO. 30
BY SENATOR MORRELL AND REPRESENTATIVES WESLEY BISHOP AND LEGER
COURTS. Creates a justice services commission to analyze, study, and recommend
improved methods for managing and coordinating such services in Orleans Parish. (8/1/13)
AN ACT1
To enact Chapter 42 of Title 13 of the Louisiana Revised Statutes of 1950, to be comprised2
of R.S. 13:5981 through 5985, relative to justice reform in Orleans Parish; to create3
and provide relative to the Orleans Justice and Rehabilitation Reform Commission;4
to provide for the purposes, governance, and funding of the commission; to provide5
for the commission's powers, duties, and functions; to authorize the commission to6
adopt rules and regulations necessary for the purposes of the commission; and to7
provide for related matters.8
Notice of intention to introduce this Act has been published.9
Be it enacted by the Legislature of Louisiana:10
Section 1. Chapter 42 of Title 13 of the Louisiana Revised Statutes of 1950, to be11
comprised of R.S. 13:5981 through 5985, is hereby enacted to read as follows: 12
CHAPTER 42. THE ORLEANS JUSTICE AND REHABILITATION REFORM13
COMMISSION14
§5981. Findings; purpose15
The legislature finds and declares that there is a need for a justice and16
rehabilitation reform body to study and report on:17 SB NO. 30
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(1) The current public safety crisis in Orleans Parish.1
(2) The powers, functions, policies, and training of government and2
nongovernment entities, including their fiscal powers.3
(3) The existing, necessary, and desirable allocation of state and local4
fiscal resources.5
(4) The most efficient use of the correctional system and community6
resources in Orleans Parish.7
(5) Alternatives to incarceration.8
(6) Physical structures utilized in the Orleans Parish justice system.9
(7) Any constitutional amendments and statutory enactments required10
to implement appropriate commission recommendations.11
§5982. Creation; composition; officers; term of office12
A. The Orleans Justice and Rehabilitation Reform Commission is hereby13
created.14
B.(1) The commission shall be composed of seven voting members as15
follows:16
(a) The chairman of the Senate Committee on Judiciary B or his17
designee.18
(b) The chairman of the House Committee on Judiciary or his designee.19
(c) The president of the Senate or his designee.20
(d) The speaker of the House of Representatives or his designee.21
(e) The mayor of the city of New Orleans or his designee.22
(f) The chairman of the Criminal Justice Committee of the New Orleans23
City Council or his designee.24
(g) The chairman of the commission created in response to House25
Concurrent Resolution No. 143 of the 2011 Regular Session of the Louisiana26
Legislature or his designee.27
(2) The commission shall also be composed of eight nonvoting members28
as follows:29 SB NO. 30
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(a) The district attorney of the parish of Orleans or his designee.1
(b) The chief judge of the Criminal District Court for the parish of2
Orleans or his designee.3
(c) The chief judge of the Juvenile Court for the parish of Orleans or his4
designee.5
(d) The chief judge of the Traffic Court of New Orleans or his designee.6
(e) The chief judge of the Municipal Court for the city of New Orleans7
or his designee.8
(f) The clerk of the Criminal District Court for the parish of Orleans or9
his designee.10
(g) The chief district defender of the Orleans Public Defenders Office or11
his designee.12
(h) The sheriff for the parish of Orleans or his designee.13
C. The chairman of the commission shall be the commissioner named in14
Subsection (B)(1)(a) of this Section and vice chairman of the commission shall15
be the commissioner named in Subsection (B)(1)(b) of this Section and shall16
serve for the duration of the commission.17
D. Each member shall serve on the commission for the duration of the18
commission.19
E. Four voting members of the commission shall constitute a quorum.20
§5983. Meetings; hearings; committees; report; sunset21
A. The commission shall meet every other month, with two such meetings22
to be held in the city of New Orleans annually.23
B. To the extent permitted by and in accordance with R.S. 44:1 et seq.,24
each officer, board, commission, council, department, or agency of state25
government, and each political subdivision of the state shall make available all26
facts, records, information, and data requested by the commission and in all27
ways cooperate with the commission in carrying out the functions and duties28
imposed by this Chapter.29 SB NO. 30
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C. The commission may establish committees as it deems advisable and1
feasible, whose membership shall include at least one member of the2
commission, but only the commission itself may take official action.3
D. The commission shall issue a report of its findings and4
recommendations to the president of the Louisiana State Senate, the speaker of5
the House of Representatives, and the chairmen of the House Committee on6
Judiciary and Senate Committee on Judiciary B no later than March 1, 2016.7
E. The commission may adopt rules of procedure for its operation.8
F. The commission shall terminate operations on March 31, 2016.9
§5984. Staff10
The commission may utilize existing staff of the legislature, including but11
not limited to personnel of the legislative fiscal office. The commission shall12
submit a written request for approval for specific support and assistance to the13
presiding officer of the respective house from which the support and assistance14
is sought. Support or assistance from the staff of the legislative fiscal office shall15
be submitted to the presiding officers of both houses.16
§5985. Finances17
A.(1) No member of the commission shall receive any salary for duties18
performed as a member of the commission.19
(2) Legislator members of the commission shall receive per diem and be20
reimbursed for expenses as provided by law and the rules of the Senate or21
House of Representatives.22
B. The commission is authorized to apply for, contract for, receive, and23
expend for its purposes any appropriation or grant from the state, its political24
subdivisions, the federal government, or any other public or private source. 25
The original instrument was prepared by Cathy R. Wells. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Jerry G. Jones.
DIGEST
Morrell (SB 30) SB NO. 30
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Proposed law creates the Orleans Justice and Rehabilitation Reform Commission to analyze,
study, and recommend improved methods for managing and coordinating justices services
in Orleans Parish. The commission is composed of the following voting members:
(1)The chairman of the Senate Committee on Judiciary B or his designee who will serve
as chairman of the commission.
(2)The chairman of the House Committee on Judiciary or his designee who will serve
as vice chairman of the commission.
(3)The president of the Senate or his designee.
(4)The speaker of the House of Representatives or his designee.
(5)The mayor of the city of New Orleans or his designee.
(6)The chairman of the Criminal Justice Committee of the New Orleans City Council
or his designee.
(7)The chairman of the commission created by House Concurrent Resolution No. 143
of the 2011 Regular Session of the Louisiana Legislature or his designee.
In addition, the commission is composed of the following nonvoting members:
(1)The district attorney of the parish of Orleans or his designee.
(2)The chief judge of the Criminal District Court for the parish of Orleans or his
designee.
(3)The chief judge of the Juvenile Court for the parish of Orleans or his designee.
(4)The chief judge of the Traffic Court of New Orleans or his designee.
(5)The chief judge of the Municipal Court for the city of New Orleans or his designee.
(6)The clerk of the Criminal District Court for the parish of Orleans or his designee.
(7)The chief district defender of the Orleans Public Defenders Office or his designee.
(8)The sheriff for the parish of Orleans or his designee.
Proposed law provides that the commission shall meet every other month, with two such
meetings to be held in the city of New Orleans annually.
Proposed law requires, to the extent permitted by and in accordance with law, each officer,
board, commission, council, department, or agency of state government, and each political
subdivision of the state make available all facts, records, information, and data requested by
the commission and in all ways cooperate with the commission in carrying out its functions
and duties.
Proposed law authorizes the commission to establish committees as it deems advisable and
feasible, whose membership shall include at least one member of the commission, but only
the commission itself may take official action.
Proposed law requires the commission to issue a report of its findings and recommendations
to the president of the Louisiana State Senate, the speaker of the House of Representatives,
the chairmen of the House Committee on Judiciary and Senate Committee on Judiciary B
no later than March 1, 2016. SB NO. 30
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law authorizes the commission to adopt rules of procedure for its operation.
Proposed law provides that the commission may utilize existing staff of the legislature,
including but not limited to personnel of the legislative fiscal office. The commission shall
submit a written request for approval for specific support and assistance to the presiding
officer of the respective house from which the support and assistance is sought. Support or
assistance from the staff of the legislative fiscal office shall be submitted to the presiding
officers of both houses.
Proposed law prohibits any member of the commission from receiving any salary for
duties performed as a member of the commission, except that legislative members shall
receive per diem and be reimbursed for expenses as provided by law and the rules of the
Senate or House of Representatives.
Proposed law requires the commission to sunset on March 31, 2016.
Effective August 1, 2013.
(Adds R.S. 13:5981 through 5985)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to
original bill
1. Removes the chief judge and clerk of the Civil District Court for the
parish of Orleans from the commission's nonvoting membership.
2. Adds the chief judge of the Juvenile Court for the parish of Orleans to the
commission's nonvoting membership.
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Technical.
2. Changes "president of the New Orleans City Council" to "chairman of the
Criminal Justice Committee of the New Orleans City Council".
3. Adds to nonvoting members the sheriff for the parish of Orleans or his
designee.
4. Revises meeting requirements to provide that the commission shall meet
every other month, with two such meetings to be held in the city of New
Orleans annually.
5. Revises language concerning use of legislative staff.