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)]
CONFERENCE COMMITTEE REP ORT DIGEST
HB 92 2016 Regular Session James
Keyword and oneliner of the instrument as it left the House
COURTS/COURT COSTS: Repeals the warrant recall fees collected to fund a misdemeanor jail
in East Baton Rouge Parish
Report adopts Senate amendments to:
1. Add an emergency effective date.
2. Make technical amendments.
Report rejects Senate amendments which would have:
1. Authorized a person, on or before August 1, 2017, to apply for a refund of a warrant recall
fee that the person has paid pursuant to a provision being repealed by proposed law.
2. Provided for the procedure by which an applicant may obtain a refund.
3. Required the finance director of East Baton Rouge Parish to issue a refund check or
notification of disallowance within 30 days after receipt of a properly completed request and
defined "properly completed request".
4. Authorized an applicant to resubmit an application within 30 days of a receipt of a
notification of a disallowed request.
5. Provided that failure of the finance director to timely process and pay a refund shall entitle
the applicant to interest accruing from the date the properly completed request or
reconsideration of a disallowed request is received by the finance director.
6. Changed the manner in which all sums remaining in the Misdemeanor Detention Fund (the
"Fund") are distributed to the East Baton Rouge Public Defender's Office and the East Baton
Rouge District Attorney's Office, provided the purpose for which such funds may be used, and required an annual audit of the Fund.
7. Made technical amendments.
Report amends the bill to:
1. Authorize a person to apply for a refund of a warrant recall fee that the person has paid
pursuant to a provision being repealed by proposed law until December 31, 2016.
2. Provide for the procedures by which an applicant may obtain a refund.
3. Require the finance director of East Baton Rouge Parish to issue a refund check or
notification of disallowance within 30 days after receipt of a properly completed request and
define "properly completed request".
4. Authorize an applicant to resubmit an application within 30 days of a receipt of a notification
of a disallowed request.
5. Provide that failure of the finance director to timely process and pay a refund shall entitle the
applicant to interest accruing from the date the properly completed request or reconsideration
of a disallowed request is received by the finance director.
6. Require monies in the Misdemeanor Detention Fund remaining on or after January 1, 2017
to be distributed as follows:
(a)The total amount of the sums collected and deposited to the Misdemeanor Detention
Fund by the Baker City Court shall be returned to that court in its entirety.
(b)The total amount of the sums collected and deposited to the Misdemeanor Detention
Fund by the Zachary City Court shall be return to that court in its entirety.
(c)The total amount of the sums collected and deposited to the Misdemeanor Detention
Fund by the Nineteenth Judicial District Court, East Baton Rouge Family Court, and
the Baton Rouge City Court shall be distributed as follows: 50% of the remaining
funds shall be returned to the court that collected those sums in proportion to the
amount of funds collected and deposited to the Misdemeanor Detention Fund by each
court; 25% of the remaining funds shall be transferred to the East Baton Rouge
Public Defender's Office; and 25% of the remaining funds shall be transferred to the
East Baton Rouge Parish District Attorney's Office.
Digest of the bill as proposed by the Conference Committee 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 authorizes a person to apply for a refund of a warrant recall
fee that the person has paid pursuant to a provision being repealed by proposed law until December
31, 2016.
Proposed law provides for the process for an applicant to obtain a refund. Proposed law further
requires the finance director for East Baton Rouge Parish to issue a refund check or notification of
disallowance within 30 days after receipt of a properly completed request, and allows for the
resubmission of an application within 30 days of a receipt of a notification of a disallowed request.
Proposed law provides that the failure of the finance director to timely process and pay a refund shall entitle the applicant to interest accruing from the date the properly completed request or
reconsideration of a disallowed request is received by the finance director.
Proposed law provides that all sums remaining on January 1, 2017, shall be distributed as follows:
(1)The total amount of the sums collected and deposited to the Misdemeanor Detention Fund
by the Baker City Court shall be returned to that court in its entirety.
(2)The total amount of the sums collected and deposited to the Misdemeanor Detention Fund
by the Zachary City Court shall be return to that court in its entirety.
(3)The total amount of the sums collected and deposited to the Misdemeanor Detention Fund
by the Nineteenth Judicial District Court, East Baton Rouge Parish Family Court, and the
Baton Rouge City Court shall be distributed as follows:
(a)50% of the remaining funds shall be returned to the court that collected those sums
in proportion to the amount of funds collected and deposited to the Misdemeanor
Detention Fund by each court.
(b)25% of the remaining funds shall be transferred to the East Baton Rouge Public
Defender's Office.
(c)25% of the remaining funds shall be transferred to the East Baton Rouge Parish
District Attorney's Office.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Repeals R.S. 13:1000.10, 1415, 2002.1, 2488.40, and 2489.1)