HLS 19RS-2105 ORIGINAL
2019 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 87
BY REPRESENTATIVE MAGEE
BOARDS/COMMISSIONS: Provides for the Louisiana Commission on Justice System
Funding
1 A CONCURRENT RESOL UTION
2To authorize and direct the creation of the Louisiana Commission on Justice System
3 Funding to study and determine optimal methods of supporting and funding the
4 Louisiana court system in a way that would allow for the implementation of changes
5 made in Act No. 260 of the 2017 Regular Session of the Legislature.
6 WHEREAS, the purpose of imposing financial obligations on a person who is
7convicted of a criminal offense is to hold the offender accountable for his actions, to
8compensate victims for any pecuniary loss or costs incurred in connection with a criminal
9prosecution, to defray the cost of court operations, and to provide services to offenders and
10victims; and
11 WHEREAS, imposition of these financial obligations, including fines, fees,
12restitution, and court costs, in excess of what a person can reasonably pay undermine the
13primary purpose of the criminal justice system which is to deter criminal behavior and
14encourage compliance with the law; and
15 WHEREAS, persons released from incarceration or on community supervision often
16carry thousands of dollars in financial obligations related to their conviction including fines,
17fees, court costs, and restitution; and the current structure for imposition and collection of
18these financial obligations has left thousands of individuals in significant debt, has created
19an insurmountable barrier to the individual's successful reentry into society, and threatens
20the goals of the criminal justice system to enhance public safety and support victims; and
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HCR NO. 87
1 WHEREAS, large financial obligations for individuals who are attempting to
2successfully reenter society create problems, not only for the individual, but also for victims
3of crime and society in general; and
4 WHEREAS, studies have shown that, on average, persons who are sentenced to
5probation will end their period of supervision owing large amounts of restitution to victims,
6and the person's ability to pay this restitution suffers, due in large part to the obligation of
7paying other court-related fines, fees, and costs that are not directed to victims; and
8 WHEREAS, studies have shown large government-ordered financial obligations such
9as fines, fees, and other costs can create instability with housing, food, and child support
10payments, and can also lead individuals back to obtaining resources by illegal means,
11creating more crime and less public safety; and
12 WHEREAS, in 2017, the Louisiana Legislature took a significant step in reforming
13current financial obligations with the passage of Act No. 260 of the 2017 Regular Session
14of the Legislature; and
15 WHEREAS, with regard to the financial obligations of criminal offenders, Act No.
16260 does all of the following:
17 (1) Requires a court to determine if the aggregate amount of all financial obligations
18imposed upon a defendant would cause substantial financial hardship to the defendant or
19those who depend upon the defendant.
20 (2) Authorizes the court to waive financial obligations or order a payment plan if a
21financial hardship is found, creating an incentive to pay financial obligations.
22 (3) Requires half of any monthly payment to go toward victim restitution.
23 (4) Disallows the use of jail or revocation of a person's driver's license as
24punishment unless it is determined that the individual is able but has willfully refused to pay;
25and
26 WHEREAS, the changes made by Act No. 260 of the 2017 Regular Session help to
27ensure that criminal justice financial obligations do not become a significant barrier to
28successful reentry while ensuring victims of crime are a focus of repayment; and
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1 WHEREAS, in 2018, Act Nos. 137 and 668 delayed the effective date of these
2changes due to concerns regarding the impact of the implementation of Act No. 260 of the
32017 Regular Session on the Louisiana criminal justice system; and
4 WHEREAS, a significant portion of Louisiana's criminal justice system is funded
5through fines, fees, restitution, and other court costs, to be paid by defendants and those
6convicted of criminal offenses; and
7 WHEREAS, relying on the financial obligations of persons convicted of criminal
8offenses to significantly fund Louisiana's criminal justice system creates an unnecessary and
9perverse incentive; and
10 WHEREAS, the criminal justice system is a core function of government and should
11be appropriately funded by the legislature; and
12 WHEREAS, Louisiana does not currently have a means to uniformly or
13systematically track where criminal fines, fees, and court costs are directed, nor does
14Louisiana track the extent to which the criminal justice system in each parish is funded by
15financial obligations of criminal defendants; and
16 WHEREAS, it would be beneficial to the people of this state to have more openness
17and transparency when it comes to the sources of funding of Louisiana court systems and
18to have a court system funded through a means that provides stability and fairness.
19 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
20authorize and direct the creation of the Louisiana Commission on Justice System Funding
21to study current financial obligations of criminal defendants and how those financial
22obligations are used to fund and subsidize core functions of the Louisiana court system, and
23to study and determine optimal methods of supporting and funding the Louisiana court
24system in way that would allow for the implementation of changes made in Act No. 260 of
25the 2017 Regular Session of the Legislature.
26 BE IT FURTHER RESOLVED that the commission shall be composed of the
27following members:
28 (1) The author of Act No. 260 of the 2017 Regular Session of the Legislature, who
29shall serve as co-chair of the commission.
30 (2) The governor or his designee.
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1 (3) The chief justice of the Louisiana Supreme Court or her designee.
2 (4) The speaker of the House of Representatives or his designee.
3 (5) The president of the Senate or his designee.
4 (6) The chair of the House Committee on the Administration of Criminal Justice.
5 (7) The chair of the House Committee on Judiciary.
6 (8) The chair of the Senate Committee on Judiciary B.
7 (9) The chair of the Senate Committee on Judiciary C.
8 (10) The attorney general or his designee
9 (11) The secretary of the Department of Public Safety and Corrections or his
10designee.
11 (12) A representative from the division of administration appointed by the
12commissioner of administration. This representative shall serve as co-chair of the
13commission.
14 (13) The president of the Louisiana Sheriffs' Association or his designee.
15 (14) A probation and parole officer appointed by the Louisiana Probation and Parole
16Association.
17 (15) Two district attorneys appointed by the president of the Louisiana District
18Attorneys Association.
19 (16) A public defender appointed by the State Public Defender Board.
20 (17) Two district court judges, one appointed by the chief justice of the Louisiana
21Supreme Court and one appointed by the Louisiana District Judges Association.
22 (18) Two representatives from Louisianans for Prison Alternatives.
23 (19) Two representatives from the Louisiana Smart on Crime Coalition.
24 BE IT FURTHER RESOLVED that a majority of the membership of the commission
25shall constitute a quorum and shall meet at the call of the chairperson, or upon an affirmative
26vote of a majority of the commission members. All members shall be notified in writing of
27all meetings at least five days before the date on which a meeting of the commission is
28scheduled.
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HCR NO. 87
1 BE IT FURTHER RESOLVED that meetings of the commission shall take place at
2the Louisiana State Capitol and the first meeting of the commission shall take place no later
3than September 1, 2019.
4 BE IT FURTHER RESOLVED that the duties of the commission shall include but
5not be limited to all of the following:
6 (1) Track the history of methods of funding the Louisiana court system.
7 (2) Estimate the extent to which the Louisiana court system is funded through funds
8received from the collection of fines, fees, restitution, and other court costs.
9 (3) Estimate the cost of a court system that is fully funded by state and local
10governments.
11 (4) Research, study, and recommend alternative methods of funding the Louisiana
12court system.
13 (5) Recommend a comprehensive plan for the implementation of the changes
14provided in Act No. 260 of the 2017 Regular Session of the Legislature.
15 (6) Determine the resources and training court systems will need in implementing
16and complying with Act No. 260 of the 2017 Regular Session of the Legislature.
17 (7) Determine the appropriate entity, or recommend the establishment of a new
18entity, to provide oversight and track budget impacts of the implementation of Act No. 260
19of the 2017 Regular Session of the Legislature and to recommend changes as needed.
20 (8) Collect necessary data to accomplish these purposes as set forth in this
21Resolution.
22 BE IT FURTHER RESOLVED that the commission may request and collect relevant
23and necessary data and information to accomplish its purposes from state and local
24government entities including at least five judicial district court systems throughout the state
25that, to the extent possible, represent the geographic diversity of this state and diversity in
26population of the parishes served by the judicial district court system.
27 BE IT FURTHER RESOLVED that the entities and court systems from which such
28information and data is requested may, to the extent feasible, provide such information and
29data to the commission at no cost.
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HCR NO. 87
1 BE IT FURTHER RESOLVED that the commission shall request and secure
2qualified technical assistance and support through the establishment of an academic
3partnership or from public or private stakeholders and entities with qualified expertise in the
4commission's focus areas.
5 BE IT FURTHER RESOLVED that the division of administration and the office of
6the judicial administrator of the Louisiana Supreme Court shall provide administrative
7assistance and staffing as may be necessary in order to enable the commission to conduct its
8meetings and accomplish its duties.
9 BE IT FURTHER RESOLVED that the commission shall provide a report of its
10initial findings and recommendations to the governor and the Legislature of Louisiana no
11later than February 1, 2020, and any further reports or recommendations thereafter as
12requested by the governor, the legislature, or advised by the commission.
13 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to each
14of the commission members and the appointing entities provided in this Resolution.
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)]
HCR 87 Original 2019 Regular Session Magee
Directs the creation of the La. Commission on Justice System Funding to study and
determine optimal methods of supporting and funding the La. court system in way that
would allow for the implementation of changes made in Act No. 260 of the 2017 R.S.
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