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 Reengrossed 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 distributes the funds collected to
the Misdemeanor Detention Fund, East Baton Rouge Parish Public Defender's Office and
East Baton Rouge District Attorney's Office.
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, and requires monies in the Misdemeanor Detention Fund to be
distributed as follows:
(1)1/3 returned to each court that collected the funds in proportion to the amount that the funds
were collected for the Misdemeanor Detention Fund.
(2)1/3 to the East Baton Rouge Parish Public Defender's Office.
(3)1/3 to the East Baton Rouge Parish District Attorney's Office.
(Repeals R.S. 13:1000.10, 1415, 2002.1, 2488.40, and 2489.1) Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Provides that the sums collected from the Misdemeanor Detention Fund shall be
distributed in equal parts to the court that collected the funds, the public defender's office,
and the district attorney's office.
2. Makes technical amendments.