ENROLLED
ACT No. 261
2017 Regular Session
HOUSE BILL NO. 489
BY REPRESENTATIVES LEGER, AMEDEE, BAGNERIS, BILLIOT, BOUIE,
CARPENTER, GARY CARTER, COX, GAINES, GISCLAIR, GLOVER, HALL,
JIMMY HARRIS, HOFFMANN, HORTON, HUNTER, JACKSON, JAMES,
JEFFERSON, JENKINS, JOHNSON, JORDAN, TERRY LANDRY, LYONS,
MARCELLE, MARINO, MORENO, NORTON, PIERRE, SMITH, THIBAUT,
AND WHITE
1 AN ACT
2 To enact R.S. 15:827.2 and 827.3, relative to the reinvestment of savings realized from
3 criminal justice reforms; to require the Department of Public Safety and Corrections
4 to collect and make available certain information and data relative to the prison and
5 community supervision population; to authorize the Department of Public Safety and
6 Corrections to promulgate rules and regulations; to provide guidelines on the type
7 of information and data to be collected; to provide relative to the calculation of
8 savings realized by the Department of Public Safety and Corrections; to require the
9 reinvestment of a portion of the savings realized; and to provide for related matters.
10 Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 15:827.2 and 827.3 are hereby enacted to read as follows:
12 §827.2. Data collection and reporting requirements
13 A.(1) In addition to other duties imposed upon the Department of Public
14 Safety and Corrections, it shall be the duty of the department, in conjunction with the
15 Louisiana Commission on Law Enforcement and Administration of Criminal Justice,
16 to collect, track, analyze, forecast, and distribute data relative to prison admissions,
17 sentencing, habitual offender sentencing, parole, community supervision, medical
18 furlough, certified treatment and rehabilitation programs, workforce development
19 work release programs, and cost savings and reinvestment.
20 (2) The department shall provide the information described in Subsection D
21 of this Section to the Joint Legislative Committee on the Budget and the
22 commissioner of administration by June 30, 2018, and shall provide updated
23 information annually thereafter.
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1 (3) The department shall make the information described in Paragraphs
2 (D)(1) through (6) of this Section publicly available by June 30, 2018, and shall
3 update the information annually thereafter.
4 B. The department may enter into a cooperative endeavor agreement or
5 memorandum of understanding with a third-party provider to assist with the
6 collection, tracking, analysis, forecasting, and distribution of the data and
7 information collected pursuant to the provisions of this Section.
8 C. The department is authorized to adopt rules or regulations necessary to
9 implement the provisions of this Section.
10 D. The information collected by the department, in conjunction with the
11 Louisiana Commission on Law Enforcement and Administration of Criminal Justice,
12 shall include but not be limited to the following:
13 (1) With respect to prison admissions: the total prison population and the
14 total number of individuals admitted to prison by offense type, type of admission,
15 prior criminal history, and, if measured upon intake, by risk assessment score and
16 risk assessment tool.
17 (2) With respect to parole and release from prison: the average length of
18 stay in prison organized by offense type and by type of admission, the total number
19 of individuals released from prison organized by type of release, the total number of
20 parole hearings held, and the recidivism rate of individuals released from prison.
21 (3) With respect to the population of individuals on probation or parole
22 supervision: the total number of supervision intakes by offense type and by risk
23 assessment score, the average sentence length for persons on probation by offense
24 type, and the total number of supervision discharges by discharge type.
25 (4) With respect to those individuals on probation or parole supervision who
26 violate a condition of their release or commit a new offense: the average amount of
27 time credited to either their suspended sentence or the remainder of their sentence
28 from time spent on supervision, the average amount of time credited to either their
29 suspended sentence or the remainder of their sentence from time spent awaiting trial
30 pre-revocation, the total number of non-jail administrative sanctions administered,
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1 and the total number of, and average length of stay in jail for, administrative jail
2 sanctions issued.
3 (5) With respect to certified treatment and rehabilitation programs (CTRP),
4 pursuant to R.S. 15:828: the total number of individuals who are awarded earned
5 credits from CTRP, the percentage of eligible individuals who are awarded earned
6 credits from CTRP, the average amount of credits individuals earn from CTRP, and
7 the number of certified treatment and rehabilitation programs offered at facilities
8 housing inmates under the custody of the Department of Public Safety and
9 Corrections.
10 (6) With respect to workforce development work release program, pursuant
11 to R.S. 15:711, 1111, and 1199.9: the total number of individuals who participate
12 in a workforce development work release program, the percentage of eligible
13 individuals who participate in a workforce development work release program, and
14 the average amount of awarded earned credits for participation in a workforce
15 development work release program.
16 (7) With respect to reinvestment and savings: the total amount of annual
17 savings achieved as a result of legislation relative to the criminal justice system
18 enacted in the 2017 Regular Session of the Legislature and thereafter, the total
19 amount of funds deemed a bona fide obligation pursuant to R.S. 15:827.3, and the
20 entities that received reinvestment funds, the dollar amounts directed to each, and a
21 description of how the funding was used.
22 §827.3. Savings attributable to criminal justice reforms
23 A. At the end of each fiscal year, the Department of Public Safety and
24 Corrections shall provide to the commissioner of administration and to the Joint
25 Legislative Committee on the Budget a statement of calculated annual savings
26 realized as a result of reforms to the criminal justice system. For Fiscal Year 2017-
27 2018, seventy percent of the savings shall be deemed a bona fide obligation of the
28 state and shall be allocated by the department according to Subsection B of this
29 Section. For Fiscal Year 2018-2019 and each fiscal year thereafter, fifty percent of
30 the annual savings shall be deemed a bona fide obligation of the state and shall be
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1 allocated by the department according to Subsection B of this Section and twenty
2 percent of the annual savings shall be deemed a bona fide obligation of the state and
3 shall be allocated by the department for juvenile justice initiatives and programs.
4 B. The amount deemed to be a bona fide obligation pursuant to the
5 provisions of Subsection A of this Section, except for the portion required to be
6 allocated by the department for juvenile justice initiatives and programs, shall be
7 allocated as follows:
8 (1) Thirty percent shall be allocated to the Department of Public Safety and
9 Corrections to award incentive grants to parishes, judicial districts, and nonprofit
10 community partner organizations to expand evidence-backed prison alternatives and
11 reduce admissions to the state prison system.
12 (2) Twenty percent shall be allocated to the Louisiana Commission on Law
13 Enforcement and the Administration of Criminal Justice to award competitive grants
14 for victim services, including but not limited to victim safety assessments and safety
15 planning, trauma-informed treatment and services for victims and survivors, shelters
16 and transitional housing for domestic violence victims and their children, batterers'
17 intervention programming, and victim-focused education and training for justice
18 system professionals.
19 (3) The remainder shall be allocated to the Department of Public Safety and
20 Corrections for targeted investments in reentry services, community supervision,
21 educational and vocational programming, transitional work programs, and contracts
22 with parish jails and other local facilities that house state inmates to incentivize
23 expansion of recidivism reduction programming and treatment services.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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