Louisiana 2014 2014 Regular Session

Louisiana House Bill HB562 Engrossed / Bill

                    HLS 14RS-1217	REENGROSSED
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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
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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
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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
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3. Added an effective date of July 1, 2014.