The original instrument was prepared by Ashley Menou. The following digest, which
does not constitute a part of the legislative instrument, was prepared by Martha Hess.
DIGEST
SB 302 Reengrossed 2016 Regular Session Morrell
Present law provides that records and reports regarding juvenile court matters, except traffic
violations, are confidential and shall not be disclosed except records in individual cases which may
be released to parties, their counsel, or other representatives when the court finds such information
is relevant and necessary to the performance of duties and enhances services to the child.
Proposed law retains present law and provides that access to review the records of a child in the
custody of the office of juvenile justice must be provided to the child's counsel or legal guardian
upon the request of the office of juvenile justice. Proposed law further provides that representation
by a public defender shall create an assumption of indigence and copies of the records and reports
relevant to post-dispositional defense and reentry advocacy are to be furnished at no cost to the child,
the child's family, legal guardian, or counsel.
Proposed law provides a list of parties that the court may authorize the release of records and reports
on a child when it is relevant and necessary to the performance of duties or enhances services to a
child or his family.
Proposed law retains present law and adds the district public defender, district public defender's
representative, or the representative of a public defender program to the list of individuals to be
authorized to receive records and reports in individual cases.
Present law allows an institution or agency to request from the court any information on a child to
which it is assigned if the information is concerning the condition, supervision, treatment, or
rehabilitation program of the child.
Proposed law retains present law and provides that if an institution or agency receives any
information regarding a child to which it is assigned, the state and counsel for the child shall also
receive the information.
Present law requires an agency or person to which a child is assigned to report to the judge not less
than once every six months on the whereabouts and condition of the child.
Proposed law retains present law and requires an agency or institution to which a child is assigned
to also send its report on the whereabouts and condition of the child to the child's counsel.
Proposed law further requires an institution, agency, or person to which a child is assigned to send
a report in writing regarding the whereabouts and condition of the child to the court and child's
counsel not less than 72 hours before any in-court hearing. Proposed law provides that if a child is indigent all information and reports regarding the child's
whereabouts and condition shall be furnished at no cost to the child, his family, or counsel. Proposed
law further creates an irrebuttable presumption of indigence if the child is represented by a public
defender.
Present law requires review of a child's record after the first 60 days, after 120 days, and every 180
days after the child's commitment to a mental institution for being found not guilty by reason of
insanity or after a court determines that the child lacks mental capacity to proceed to determine if the
child is able to be discharged, placed on probation, or capable of proceeding.
Proposed law retains present law and requires an in-person review hearing to occur not more than
six months after commitment for a child committed to the custody of the office of juvenile justice,
unless waived by counsel.
Proposed law provides that the in-person hearings shall be to ensure the child is receiving necessary
treatment and services and consider any motions for modification.
Proposed law further requires the child be physically transported to the committing court for the
review hearing.
Proposed law provides a child is deemed "committed by a court to the custody of the office of
juvenile justice" if he is judicially committed to the legal custody of the office of juvenile justice,
regardless of where the child is physically held.
Proposed law provides the following definitions:
(1)"Board" means the Louisiana Public Defender Board, or any successor to that board, which
is authorized to regulate the providing of legal services to indigent persons in criminal
proceedings in which the right to counsel attaches under the United States and Louisiana
Constitutions.
(2)"Custody" means the legal custody of the office of juvenile justice, which follows on
commitment by a Louisiana court exercising juvenile jurisdiction to the office of juvenile
justice as provided in present law.
(3)"District office" means the office of a district public defender.
(4)"District public defender","chief indigent defender", or "chief public defender" means an
attorney employed by or under contract with the board to supervise service providers and
enforce standards and guidelines within a judicial district or multiple judicial districts.
(5)"Safe Return Program" or "the program" means the Safe Return Representation Program
administered pursuant to proposed law.
(6) "Indigent child representation" means the providing of legal services to indigent children committed to the custody of the office of juvenile justice pursuant to present law.
(7)"Office of juvenile justice" and "the office" means the Department of Public Safety and
Corrections, youth services, office of juvenile justice.
(8)"Public defender" or "indigent defender" means an attorney employed by or under contract
with the board, the district public defender, or a nonprofit organization contracting with the
board or the district public defender to provide representation as required by the provisions
of the Louisiana Children's Code.
Proposed law creates the "Safe Return Representation Program" to provide qualified legal
representation to indigent children committed to the custody of the Office of Juvenile Justice and
promote safe return and reentry for youth in custody.
Proposed law grants the Louisiana Public Defender Board the power to administer the program and
all regulatory authority, control, supervision, and power necessary to administer the program.
Proposed law establishes requirements for the board in the administration of the Safe Return
Program. Proposed law requires the board to:
(1)Regularly collect detailed data from judicial districts, where applicable, of workload,
resources, employees, and expenditures relating to representation of children in the custody
of the office of juvenile justice.
(2)Review and evaluate the operations of the program and emphasize special training for
counsel representing children in the custody of the office of juvenile justice.
(3)Review and approve an annual budget for the program.
(4)Review and approve an annual report on the operation of the program and submit such report
to the legislature, the governor, and the chief justice of the Louisiana Supreme Court.
(5) Submit an annual report to the legislature regarding the state of the program.
(6)Ensure all policies, procedures, and public pronouncements of the board recognize the role
of attorneys in safeguarding fundamental rights and promoting the safety, reintegration, and
well-being of children in the custody of the office of juvenile justice.
(7) Promote accessible family preservation, medical resources, educational resources, substance
abuse treatment, vocational training, and mental health resources for children in the custody
of the office of juvenile justice.
(8)Take such actions as necessary and appropriate to secure private and state, federal, or other
public funds to help support the program. (9)Institute or cause to be instituted legal proceedings as necessary to enforce any of the duties
or powers of the program.
(10)Provide for the employing or contracting with and training of attorneys and other
professional and nonprofessional staff that may be necessary to carry out the functions of the
program. Require all attorneys representing indigent children through this program shall be
licensed to practice law in Louisiana and qualified in accordance with the standards and
guidelines adopted by rule of the board.
(11)Have the ability to contract with organizations or individuals for the legal services for
indigent children in the custody of the office of juvenile justice.
(12)Administer an efficient and effective statewide program for the representation of indigent
children which safeguards their rights and facilitates timely and fair decision-making
concerning safety, reentry, reintegration, and well-being.
(13)Establish and modify, a plan of organization to conduct the business of regulating and
controlling the delivery of program services.
(14)Develop and disseminate standards, procedures, and policies that will ensure that quality
representation of indigent children in the custody of the office of juvenile justice is provided
consistently throughout the state.
(15)Prepare and submit to the Joint Legislative Committee on the Budget on or before March
first of each year an annual financial report which outlines the expenditures of all program
funds, including local, state, and federal funds, for the previous calendar year.
(16)Prepare as of June first of each year, an estimate of unexpended balances in every account
in the custody of the board and submit a copy to the governor, the legislative auditor, and the
legislative fiscal officer.
(17)Develop and maintain a comprehensive information system on the revenues received by the
board and any district from local, state, and federal sources, as well as the expenditure of any
revenue, and submit a summary of the information annually to the legislature.
(18)Assign appropriate staff to coordinate attorneys and aide in compliance.
(19)Work with public and private representatives, including but not limited to, judges, social
service personnel, district attorneys, and service providers to promote sound juvenile justice
policy and practice.
Proposed law grants the board authority to adopt rules necessary to implement the program and
requires the rules to include mandatory statewide standards and guidelines for the program and
adopted pursuant to the Administrative Procedure Act with legislative oversight. Proposed law creates the "Louisiana Safe Return Representation Program Fund" within the state
treasury to administer the Safe Return Representation Program to be funded by appropriations from
the legislature or any other source.
Proposed law requires the fund to be segregated from all other funds and allows monies in the fund
to supplement the judicial district indigent defender funds.
Proposed law provides that monies in the fund which have been appropriated to the Public Defender
Board shall be administered by the Public Defender Board and the board shall develop a program
to consider establishing a flexible delivery system that is responsive to the jurisdictional variances
and local community needs. The board can implement the program incrementally with a full
implementation goal of July 1, 2017.
Present law gives the Department of Public Safety and Corrections, office of juvenile justice full
control of all juvenile institutions and allowing the deputy secretary to establish rules and treatment
plans for juveniles in the care of his department.
Proposed law retains present law and further requires the deputy secretary's rules and regulations to
include provisions providing for:
(1)Reasonable access to each child by defense counsel, and for adequate and confidential
meeting space in each juvenile facility for defense counsel and children they represent.
(2)Direct, confidential, and readily accessible telephone or audio-visual connections, to be
provided at no cost to children in custody or to their families, between children and defense
counsel designated by the Public Defender Board. Telephones or audio or visual connections
to counsel must be available, by reasonable oral request on a daily basis to all children.
Proposed law establishes definitions of:
(1)A child is deemed "in the custody of the office of juvenile justice" if he is judicially
committed to the Department of Public Safety and Corrections, youth services, office of
juvenile justice, regardless of where the child is physically held, including but not limited to
state-run secure facilities, state-run non-secure facilities, contracted facilities, and detention
centers.
(2)A "juvenile facility" is any facility in which a child judicially committed to the office of
juvenile justice is placed, whether the facility is run directly by the state or contracted with
by any agency or agencies of the state.
Proposed law allows electronic submission of certain reports whenever practicable.
Effective August 1, 2016.
(Amends Ch.C. Arts. 412(C), 905, 906, and R.S. 15:905(A) and (B); adds Ch.C. Arts. 412(D)(12) and R.S. 15:186.1 - 186.6) Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the original bill
1. Technical amendments.
2. Deletes requirement that progress reports provided to counsel for a child be made in
the same manner as made to the court.
3. Allows for electronic submission of progress reports to courts whenever practicable.
4. Deletes requirement that telephone or audio-visual connections to a child's counsel
be made available on an hourly basis.
Committee Amendments Proposed by Senate Committee on Finance to the engrossed bill
1. Retains present law provides that except when a child has been found not guilty by
reason of insanity or lacking mental capacity to proceed, DPSC shall have sole
authority over the placement, care, treatment, or any other consideration deemed
necessary from the resources available for children judicially committed to the
department.
2. Retains present law requiring a written, individualized transitional plan be developed
with a child and any agency assuming his custody at least six months prior to the
child's release and sent to the court, child's counsel, and the district attorney.
3. Removes proposed law requiring that the department provide to each child and his
counsel a complete copy of all records regarding the child's condition, supervision,
treatment, rehabilitation program, education, health, discipline, and transition
planning before or at the time of the child's release. Also removes proposed law that
all records shall be furnished at no cost to the child if the child, child's family, legal
guardian, or counsel is deemed indigent and representation by a public defender
creates an irrebuttable presumption of indigence.
4. Changes deputy secretary's rules and regulations provisions providing for access to
each child by defense counsel from daily to reasonable.