Louisiana 2018 Regular Session

Louisiana House Bill HB140 Latest Draft

Bill / Chaptered Version

                            ENROLLED
ACT No. 267
2018 Regular Session
HOUSE BILL NO. 140
BY REPRESENTATIVE LEGER
1	AN ACT
2 To 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.
10 Be 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
12 amended 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
20 for the division of probation and parole including salaries for probation and parole
21 officers.
22	*          *          *
Page 1 of 3
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 140	ENROLLED
1 §574.4.2.  Decisions of committee on parole; nature, order, and conditions of parole;
2	rules of conduct; infectious disease testing
3	A.
4	*          *          *
5	(2)  The committee may also require, either at the time of his release on
6 parole or at any time while he remains on parole, that he conform to any of the
7 following conditions of parole which are deemed appropriate to the circumstances
8 of the particular case:
9	*          *          *
10	(e)  Pay supervision fees to the Department of Public Safety and Corrections
11 in an amount not to exceed sixty-three dollars based upon his ability to pay as
12 determined by the committee on parole.  Payments Supervision fee payments are due
13 on the first day of each month and may be used to defray the cost of supervision
14 which includes salaries for probation and parole officers.
15	*          *          *
16	F.  The collection of the supervision fee imposed pursuant to Subparagraph
17 (A)(2)(o) (A)(2)(e) of this Section shall be suspended upon the transfer of an
18 offender to another state for parole supervision in that state, pursuant to the interstate
19 compact for out-of-state parolee supervision as provided in R.S. 15:574.31 et seq.
20	*          *          *
21 §574.4.5.  Probation and parole processing fee
22	*          *          *
23	B.  All fees collected pursuant to this Section shall be remitted to the
24 treasurer's office on a monthly basis and may be used to defray the cost of
25 supervision which includes salaries for probation and parole officers.
26	*          *          *
27 Section 2.  Code of Criminal Procedure Article 895.1(C) is hereby amended and
28 reenacted to read as follows:
29 Art. 895.1.  Probation; restitution; judgment for restitution; fees
30	*          *          *
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 140	ENROLLED
1	C.  When the court places the defendant on supervised probation, it shall
2 order as a condition of probation a monthly fee of not less than sixty nor more than
3 one hundred ten dollars payable to the Department of Public Safety and Corrections
4 or such other probation office, agency, or officer as designated by the court, to defray
5 the cost of supervision which includes salaries for probation and parole officers.  If
6 the probation supervision services are rendered by an agency other than the
7 department, the fee may be ordered payable to that agency.  These fees are only to
8 supplement the level of funds that would ordinarily be available from regular state
9 appropriations or any other source of funding.
10	*          *          *
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:  
Page 3 of 3
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.