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 * * * Page 2 of 3 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.