Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB54 Engrossed / Bill

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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 54
BY SENATOR BROOME 
CHILDREN. Provides for an early intervention program in East Baton Rouge Parish.
(8/1/14)
AN ACT1
To amend and reenact Children's Code Articles 793.1, 793.3 and 793.4, relative to early2
intervention programs; to include East Baton Rouge Parish; to provide certain3
procedures, terms, conditions and fees; to provide for a method of collecting and4
depositing fees to fund such early intervention program; and to provide for related5
matters.6
Notice of intention to introduce this Act has been published.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Children's Code Articles 793.1, 793.3 and 793.4 are hereby amended and9
reenacted to read as follows: 10
Art. 793.1. Early intervention program; authorization; purpose11
The purpose of this Article and Articles 793.2 through 793.4 is to authorize the12
creation of an early intervention program, hereinafter referred to as the "program", in the13
parishes of East Baton Rouge, Iberia, St. Mary, and St. Martin. The purpose of the program14
shall be to address the underlying causes of behavioral problems and school performance15
problems related to behavior by pooling existing resources targeted at the child and family16
through appropriate action by service and treatment providers. The legislature finds:17 SB NO. 54
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(1) Research indicates that early identification and intervention of1
aggressive, antisocial, or delinquent behaviors are critical to the prevention of2
juvenile delinquency in later years.3
(2) Research also indicates that school-based preventive tactics for violent4
or aggressive behaviors are beneficial to the overall academic success of children,5
especially when such programs include parental involvement in prevention and6
intervention strategies.7
(3) The district attorney of East Baton Rouge, Iberia, St. Mary, and St.8
Martin parishes, in conjunction with the local school boards in such parishes, has9
demonstrated a willingness to address behavioral problems or school performance10
problems related to behavior by providing physical locations in each parish where11
personnel can work together in a coordinated effort.12
(4) Early intervention has been demonstrated as the key to providing the13
greatest chance for correcting the actions of youth who demonstrate a propensity for14
destructive or criminal behavior.15
(5) The earliest possible venue for addressing the problem begins in the16
elementary grades.17
(6) By intervening at this phase, it is possible to correct potential delinquent18
behavior before the changes for correction become insurmountable.19
*          *          *20
Art. 793.3.  Reporting; funding; implementation; termination21
A. No later than June fifteenth of each year, the district attorney shall report22
statistical data indicating the effectiveness of the program to the appropriate standing23
committees of the legislature for use by the committees in consideration of24
expansion of the program.25
B.  The program shall be implemented in three phases as follows:26
(1) Phase one shall be implemented in grades pre-kindergarten through six.27
(2)  Phase two shall be implemented in grades seven and eight.28
(3)  Phase three shall be implemented in grades nine through twelve.29 SB NO. 54
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
C. All children who enroll in a public school within the Sixteenth Judicial1
District or the Nineteenth Judicial District in grades pre-kindergarten to sixth shall2
be required to follow all compulsory attendance requirements in R.S. 17:221 et seq.3
and all families in need of services provisions in Children's Code Article 726 et seq.4
D. The implementation of this program may be subject to appropriation of5
funds by the legislature for such purpose.6
Art. 793.4.  Early intervention fund; fees collected7
A. In all criminal matters except for matters involving traffic violations in8
the parishes of East Baton Rouge, Iberia, St. Mary, and St. Martin, there shall be9
taxed against every defendant who is convicted after trial or after a plea of guilty or10
nolo contendere or who forfeits his bond, a sum in the amount of twenty-five dollars11
for each misdemeanor and fifty dollars for each felony, which shall be in addition to12
all other fines, costs, or forfeitures lawfully imposed, and which shall be transmitted13
to the sheriff for further disposition in accordance with the provisions of this Article.14
B. The sheriff shall deposit all sums collected or received pursuant to this15
Article in a separate account to be designated as the Sixteenth Judicial District16
Attorney Early Intervention Fund, except for those sums collected or received17
pursuant to this Article from defendants in East Baton Rouge Parish and such18
funds shall be deposited in a separate account to be designated as the Nineteenth19
Judicial District Attorney Early Intervention Fund. The sheriff shall remit on a20
quarterly basis funds collected in such account to the office of the district attorney.21
The district attorney shall cause to be conducted on an annual basis an audit of the22
fund and the books and accounts relating thereto and shall file such audit information23
with the office of the legislative auditor where it shall be available for public24
inspection. In matters involving any court other than the district court, the clerk of25
court or the appropriate court personnel shall remit the money to the sheriff of the26
respective parish.27 SB NO. 54
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Julie J. Baxter.
DIGEST
Broome (SB 54)
Present law provides for the creation, structure and funding of an early intervention program
in the Sixteenth Judicial District (parishes of Iberia, St. Mary, and St. Martin) to address the
underlying causes of juvenile behavioral problems and school performance problems related
to behavior in order to attempt to prevent juvenile delinquency in later years.
Present law provides certain program procedures and conditions, including: (1) duly
authorized representatives of the local school board, law enforcement agencies, including
sheriff's offices and city and municipal police offices, courts exercising jurisdiction over
juveniles and their caretakers, and designated service providers sign interagency agreements
specific to each parish representing a commitment by each entity to agree to provide certain
services; (2) reports are to be provided by the district attorney concerning certain statistical
information; and (3) the creation of the Sixteenth Judicial District Attorney Early
Intervention Fund, and providing that in all criminal matters except traffic violations in the
parishes of Iberia, St. Mary, and St. Martin, there is taxed against every defendant who is
convicted after trial or after a plea of guilty or nolo contendere or who forfeits his bond, an
additional $25 for each misdemeanor and $50 for each felony, to be placed into the fund.
Proposed law retains present law and adds the Nineteenth Judicial District (parish of East
Baton Rouge) within the present law concerning the early intervention program.
Proposed law further creates the Nineteenth Judicial District Attorney Early Intervention
Fund and provides for the placement into the fund of the additional amounts collected
against criminal defendants in East Baton Rouge Parish. 
Effective on August 1, 2014.
(Amends Ch. C. Arts. 793.1, 793.3 and 793.4)