HLS 18RS-116 ENGROSSED
2018 Regular Session
HOUSE BILL NO. 140
BY REPRESENTATIVE LEGER
PROBATION: Provides for the use of supervision fees paid by offenders placed on
probation or parole
1 AN ACT
2To amend and reenact R.S. 15:571.21(B), 574.4.2(A)(2)(e) and (F), and 574.4.5(B) and
3 Code of Criminal Procedure Article 895.1(C), relative to probation and parole; to
4 provide relative to the supervision fees paid by offenders placed on probation or
5 parole; to provide relative to the fee assessed by the division of probation and parole
6 for collection of certain monetary assessments imposed as a condition of probation
7 or parole; to provide relative to the processing fee for each case file opened by a
8 probation and parole officer; to provide relative to the use of such fees; and to
9 provide for related matters.
10Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 15:571.21(B), 574.4.2(A)(2)(e) and (F), and 574.4.5(B) are hereby
12amended and reenacted to read as follows:
13 §571.21. Deposit of fees and assessments
14 * * *
15 B. For all monetary assessments imposed as a condition of probation or
16 parole except supervision fees, the division of probation and parole shall assess a
17 collection fee of ten percent of the funds due, which shall be added to the total
18 amount of funds due. The ten percent collection fee shall be appropriated to the
19 Department of Public Safety and Corrections to be reinvested in additional resources
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HB NO. 140
1 for the division of probation and parole including salaries for probation and parole
2 officers.
3 * * *
4 §574.4.2. Decisions of committee on parole; nature, order, and conditions of parole;
5 rules of conduct; infectious disease testing
6 A.
7 * * *
8 (2) The committee may also require, either at the time of his release on
9 parole or at any time while he remains on parole, that he conform to any of the
10 following conditions of parole which are deemed appropriate to the circumstances
11 of the particular case:
12 * * *
13 (e) Pay supervision fees to the Department of Public Safety and Corrections
14 in an amount not to exceed sixty-three dollars based upon his ability to pay as
15 determined by the committee on parole. Payments Supervision fee payments are due
16 on the first day of each month and may be used to defray the cost of supervision
17 which includes salaries for probation and parole officers.
18 * * *
19 F. The collection of the supervision fee imposed pursuant to Subparagraph
20 (A)(2)(o) (A)(2)(e) of this Section shall be suspended upon the transfer of an
21 offender to another state for parole supervision in that state, pursuant to the interstate
22 compact for out-of-state parolee supervision as provided in R.S. 15:574.31 et seq.
23 * * *
24 §574.4.5. Probation and parole processing fee
25 * * *
26 B. All fees collected pursuant to this Section shall be remitted to the
27 treasurer's office on a monthly basis and may be used to defray the cost of
28 supervision which includes salaries for probation and parole officers.
29 * * *
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HB NO. 140
1 Section 2. Code of Criminal Procedure Article 895.1(C) is hereby amended and
2reenacted to read as follows:
3 Art. 895.1. Probation; restitution; judgment for restitution; fees
4 * * *
5 C. When the court places the defendant on supervised probation, it shall
6 order as a condition of probation a monthly fee of not less than sixty nor more than
7 one hundred ten dollars payable to the Department of Public Safety and Corrections
8 or such other probation office, agency, or officer as designated by the court, to defray
9 the cost of supervision which includes salaries for probation and parole officers. If
10 the probation supervision services are rendered by an agency other than the
11 department, the fee may be ordered payable to that agency. These fees are only to
12 supplement the level of funds that would ordinarily be available from regular state
13 appropriations or any other source of funding.
14 * * *
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 140 Engrossed 2018 Regular Session Leger
Abstract: Provides that the fees collected pursuant to a person's release on probation or
parole may be used for the salaries of probation and parole officers.
Present law provides that the committee on parole may require any prisoner released on
parole to pay supervision fees to the Dept. of Public Safety and Corrections in an amount not
to exceed $63 based upon his ability to pay as determined by the committee on parole. Such
payments are due on the first day of each month.
Present law provides for the assessment of a one-time processing fee of $65 for each case
file existing on June 30, 2009, and for each new case file opened thereafter by a probation
and parole officer of the office of adult services in the Dept. of Public Safety and
Corrections.
Present law provides that when the court places the defendant on supervised probation, it
shall order as a condition of probation a monthly fee of not less than $60 nor more than $110
payable to the Dept. of Public Safety and Corrections or such other probation office, agency,
or officer as designated by the court, to defray the cost of supervision.
For all monetary assessments, except supervision fees, imposed as a condition of probation
or parole, present law authorizes the division of probation and parole to assess a collection
fee of 10% of the funds due. The 10% collection fee shall be appropriated to the Dept. of
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HB NO. 140
Public Safety and Corrections to be reinvested in additional resources for the division of
probation and parole.
Proposed law retains present law but provides that the fees collected pursuant to these
provisions of present law may be used for the salaries of probation and parole officers.
(Amends R.S. 15:571.21(B), 574.4.2(A)(2)(e) and (F), and 574.4.5(B) and C.Cr.P. Art.
895.1(C))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.