HLS 14RS-1217 REENGROSSED Page 1 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2014 HOUSE BILL NO. 562 BY REPRESENTATIVE LOPINTO PUBLIC SFTY/CORRECTIONS: Requires DPS&C to reimburse sheriffs for housing parolees who are arrested pending the parole revocation hearing AN ACT1 To enact R.S. 15:824(B)(1)(e), relative to housing of inmates; to provide relative to the2 housing of persons committed to the custody of the Department of Public Safety and3 Corrections who are released on parole and are subsequently arrested; to require the4 department to reimburse sheriffs for the housing of these inmates in parish jails; to5 provide for effectiveness; and to provide for related matters.6 Be it enacted by the Legislature of Louisiana:7 Section 1. R.S. 15:824(B)(1)(e) is hereby enacted to read as follows: 8 ยง824. Commitment of persons to the Department of Public Safety and Corrections9 * * *10 B.(1)11 * * *12 (e)(i) For Fiscal Year 2014-2015, subject to the appropriation of funds for13 this purpose by the legislature, for any person committed to the department who is14 released on parole and who is subsequently arrested and housed in a parish jail while15 awaiting a parole revocation hearing, after fourteen days of being housed in the16 parish jail, the department shall reimburse the sheriff, or the governing authority of17 those parishes in which the governing authority operates the parish jail, at the rate18 of fifty percent of an amount equal to the rate provided for in the provisions of19 Subparagraph (a) of this Paragraph less the sum of any monies received from the20 HLS 14RS-1217 REENGROSSED HB NO. 562 Page 2 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. parish governing authority for the purpose of housing such persons pursuant to the1 provisions of R.S. 13:5535(1), for each day that the person is housed in the parish jail2 from fourteen days after the time of arrest until the person either pleads guilty to the3 subsequent charge or until the committee on parole makes its determination4 regarding parole revocation, whichever occurs first.5 (ii) For Fiscal Year 2015-2016, and thereafter, subject to the appropriation6 of funds for this purpose by the legislature, for any person committed to the7 department who is released on parole and who is subsequently arrested and housed8 in a parish jail while awaiting a parole revocation hearing, after fourteen days of9 being housed in the parish jail, the department shall reimburse the sheriff, or the10 governing authority of those parishes in which the governing authority operates the11 parish jail, at the rate provided for in the provisions of Subparagraph (a) of this12 Paragraph less the sum of any monies received from the parish governing authority13 for the purpose of housing such persons pursuant to the provisions of R.S.14 13:5535(1), for each day that the person is housed in the parish jail from fourteen15 days after the time of arrest until the person either pleads guilty to the subsequent16 charge or until the committee on parole makes its determination regarding parole17 revocation, whichever occurs first.18 * * *19 Section 2. This Act shall become effective on July 1, 2014; if vetoed by the governor20 and subsequently approved by the legislature, this Act shall become effective on July 1,21 2014, or on the day following such approval by the legislature, whichever is later.22 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] Lopinto HB No. 562 Abstract: Requires the Dept. of Public Safety and Corrections, subject to appropriations for such purpose, to reimburse sheriffs for the housing of persons committed to the custody of the department who are released on parole and are subsequently arrested. HLS 14RS-1217 REENGROSSED HB NO. 562 Page 3 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Present law provides that for any individual committed to the custody of DPS&C who is housed in a parish jail or institution after final sentence, the department shall pay to each parish sheriff, or to the governing authority of those parishes in which the governing authority operates the parish jail, for keeping and feeding the individual in the parish jail the sum of $24.39 per day. Such daily sum shall be paid from date of sentencing until the individual is confined in a penal or correctional institution under the supervision of the department. Present law provides that the parish governing authority shall provide the sheriff with a per diem for each prisoner of not less than $3.50 to defer the costs of keeping and feeding of prisoners in jail. Proposed law retains present law and requires DPS&C to reimburse sheriffs for the housing of persons committed to the custody of the department who are released on parole and are subsequently arrested, after 14 days of being housed in the parish jail, at the following rates: (1)For FY 2014-2015, subject to appropriation of funds, at the rate of 50% of an amount equal to the rate of reimbursement provided by DPS&C to the sheriffs pursuant to present law less the sum of any monies received from the parish governing authority for the purpose of housing such persons pursuant to present law. (2)For FY 2015-2016 and thereafter, subject to appropriation of funds, at an amount equal to the rate of reimbursement provided by DPS&C to the sheriffs pursuant to present law less the sum of any monies received from the parish governing authority for the purpose of housing such persons pursuant to present law. Effective July 1, 2014. (Adds R.S. 15:824(B)(1)(e)) Summary of Amendments Adopted by House Committee Amendments Proposed by House Committee on Administration of Criminal Justice to the original bill. 1. Added a provision which states that for FY 2014-2015, the reimbursement shall be at a rate of 50% of an amount equal to the rate of reimbursement provided by DPS&C to the sheriffs pursuant to present law less the sum of any monies received from the parish governing authority for the purpose of housing such persons pursuant to present law. 2. Added language to specifically refer to the provision of present law which provides that the parish governing authority shall provide the sheriff with a per diem for each prisoner of not less than $3.50 to defer the costs of keeping and feeding of prisoners in jail. 3. Provided that the provisions of proposed law shall be effective upon an appropriation by the legislature for such purposes. Committee Amendments Proposed by House Committee on Appropriations to the engrossed bill. 1. Clarified the provision of proposed law making the reimbursement subject to appropriations by the legislature. 2. Provided that the reimbursement in proposed law applies after an individual is housed in a parish jail for 14 days. HLS 14RS-1217 REENGROSSED HB NO. 562 Page 4 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 3. Added an effective date of July 1, 2014.