Louisiana 2016 2016 Regular Session

Louisiana House Bill HB92 Comm Sub / Analysis

                    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)]
HB 92 Engrossed	2016 Regular Session	James
Abstract:  Repeals statutes providing for the collection of funds by courts in East Baton Rouge
Parish to be used for a misdemeanor detention facility, and returns the sums collected to the
courts that collected them.
Present law requires the 19th JDC, East Baton Rouge Parish Family Court, Baker City Court, and
the Zachary City Court to levy and impose a $50 warrant recall fee on all persons who fail to appear
on all misdemeanor offenses and traffic offenses where a warrant for arrest is issued.  Provides that
the proceeds shall be used to pay the expenses of operating a misdemeanor detention facility in the
parish.
Present law requires the Baton Rouge City Court to levy and impose a $25 warrant recall fee on all
persons who fail to appear on all misdemeanor offenses and traffic offenses where a warrant for
arrest is issued.  Provides that the proceeds shall be used to pay the expenses of operating a
misdemeanor detention facility in East Baton Rouge Parish.
Present law requires each clerk of court to place all sums collected or received with the finance
director for the parish of East Baton Rouge, who shall place the funds in the Misdemeanor Detention
Fund.  
Present law requires all monies in this account to be used solely for the purpose of paying expenses
associated with the operation of a misdemeanor detention facility in the parish and requires the
finance director to conduct an annual audit of the fund.
Present law requires all law enforcement agencies within the parish to confer for the purpose of
creating and implementing additional pilot programs for the periodic targeted enforcement of
outstanding warrants until sufficient revenues are generated to sustain the permanent operation of
the misdemeanor detention facility.
Present law authorizes the mayor-president to expend funds and enter into cooperative endeavor
agreements with all courts, the sheriff of East Baton Rouge Parish, and all other law enforcement
agencies within the parish in order to carry out the provisions of present law, subject to the approval
of the Metropolitan Council.
Present law requires the mayor-president through the finance department to report quarterly to the
Metropolitan Council and the courts within the parish on the Misdemeanor Detention Fund,
including recommendations regarding necessary adjustments and the financial feasibility of the misdemeanor warrant enforcement programs.
Proposed law repeals present law.  Requires monies in the Misdemeanor Detention Fund to be
returned to the courts that collected them.
(Repeals R.S. 13:1000.10, 1415, 2002.1, 2488.40, and 2489.1)