RDCSB302 2697 4264
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)]
SB 302 Re-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. 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. 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.
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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. 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 definitions of "board", "custody", "district office", "district public
defender", "chief indigent defender", and "chief public defender", "indigent child
representation", "office of juvenile justice", "public defender" or "indigent defender", and
"safe return program".
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. 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.
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(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 aid 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. Requires the fund to be segregated
from all other funds and allows monies in the fund to supplement the judicial district
indigent defender funds. Provides that monies in the fund which have been appropriated to
the Public Defender Board shall be administered by the Public Defender Board and requires
the board to 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 Dept. 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.
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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 Dept. 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(B); Adds Ch.C. Art. 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, DPS&C
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.
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Senate Floor Amendments to the engrossed bill
1. Makes legislative bureau technical changes.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the re-reengrossed bill:
1. Alphabetize definitions and make other technical corrections.
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