HLS 19RS-2105 ENGROSSED
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
21 WHEREAS, large financial obligations for individuals who are attempting to
22successfully reenter society create problems, not only for the individual, but also for victims
23of crime and society in general; and
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1 WHEREAS, studies have shown that, on average, persons who are sentenced to
2probation will end their period of supervision owing large amounts of restitution to victims,
3and the person's ability to pay this restitution suffers, due in large part to the obligation of
4paying other court-related fines, fees, and costs that are not directed to victims; and
5 WHEREAS, studies have shown large government-ordered financial obligations such
6as fines, fees, and other costs can create instability with housing, food, and child support
7payments, and can also lead individuals back to obtaining resources by illegal means,
8creating more crime and less public safety; and
9 WHEREAS, in 2017, the Louisiana Legislature took a significant step in reforming
10current financial obligations with the passage of Act No. 260 of the 2017 Regular Session
11of the Legislature; and
12 WHEREAS, with regard to the financial obligations of criminal offenders, Act No.
13260 does all of the following:
14 (1) Requires a court to determine if the aggregate amount of all financial obligations
15imposed upon a defendant would cause substantial financial hardship to the defendant or
16those who depend upon the defendant.
17 (2) Authorizes the court to waive financial obligations or order a payment plan if
18financial hardship is found, creating an incentive to pay financial obligations.
19 (3) Requires half of any monthly payment to go toward victim restitution.
20 (4) Disallows the use of jail or revocation of a person's driver's license as
21punishment unless it is determined that the individual is able but has willfully refused to pay;
22and
23 WHEREAS, the changes made by Act No. 260 of the 2017 Regular Session help to
24ensure that criminal justice financial obligations do not become a significant barrier to
25successful reentry while ensuring victims of crime are a focus of repayment; and
26 WHEREAS, in 2018, Act Nos. 137 and 668 delayed the effective date of these
27changes due to concerns regarding the impact of the implementation of Act No. 260 of the
282017 Regular Session on the Louisiana criminal justice system; and
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1 WHEREAS, a significant portion of Louisiana's criminal justice system is funded
2through fines, fees, restitution, and other court costs, to be paid by defendants and those
3convicted of criminal offenses; and
4 WHEREAS, relying on the financial obligations of persons convicted of criminal
5offenses to significantly fund Louisiana's criminal justice system creates an unnecessary and
6perverse incentive; and
7 WHEREAS, the criminal justice system is a core function of government and should
8be appropriately funded by the legislature; and
9 WHEREAS, Louisiana does not currently have a means to uniformly or
10systematically track where criminal fines, fees, and court costs are directed, nor does
11Louisiana track the extent to which the criminal justice system in each parish is funded by
12financial obligations of criminal defendants; and
13 WHEREAS, it would be beneficial to the people of this state to have more openness
14and transparency when it comes to the sources of funding of Louisiana court systems and
15to have a court system funded through a means that provides stability and fairness.
16 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
17authorize and direct the creation of the Louisiana Commission on Justice System Funding
18to study current financial obligations of criminal defendants and how those financial
19obligations are used to fund and subsidize core functions of the Louisiana court system, and
20to study and determine optimal methods of supporting and funding the Louisiana court
21system in a way that would allow for the implementation of changes made in Act No. 260
22of the 2017 Regular Session of the Legislature.
23 BE IT FURTHER RESOLVED that the commission shall be composed of the
24following members:
25 (1) The author of Act No. 260 of the 2017 Regular Session of the Legislature, who
26shall serve as co-chair of the commission.
27 (2) The governor or his designee.
28 (3) The chief justice of the Louisiana Supreme Court or her designee.
29 (4) The speaker of the House of Representatives or his designee.
30 (5) The president of the Senate or his designee.
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1 (6) The chair of the House Committee on Administration of Criminal Justice.
2 (7) The chair of the House Committee on Judiciary.
3 (8) The chair of the Senate Committee on Judiciary B.
4 (9) The chair of the Senate Committee on Judiciary C.
5 (10) The attorney general or his designee.
6 (11) The secretary of the Department of Public Safety and Corrections or his
7designee.
8 (12) A representative from the division of administration appointed by the
9commissioner of administration. This representative shall serve as co-chair of the
10commission.
11 (13) The president of the Louisiana Sheriffs' Association or his designee.
12 (14) A probation and parole officer appointed by the Louisiana Probation and Parole
13Association.
14 (15) Two district attorneys appointed by the president of the Louisiana District
15Attorneys Association.
16 (16) A public defender appointed by the State Public Defender Board.
17 (17) Two district court judges, one appointed by the chief justice of the Louisiana
18Supreme Court and one appointed by the Louisiana District Judges Association.
19 (18) The president of the Louisiana Clerks of Court Association or his designee.
20 (19) One representative from Louisianans for Prison Alternatives.
21 (20) Two representatives from the Louisiana Smart on Crime Coalition.
22 (21) One representative from Operation Restoration.
23 (22) One representative from Power Coalition for Equity and Justice.
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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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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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 Engrossed 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 a way that
would allow for the implementation of changes made in Act No. 260 of the 2017 R.S.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Add the president of the Louisiana Clerks of Court Association or his designee,
one representative from Operation Restoration, and one representative from
Power Coalition for Equity and Justice to the composition of the members of the
commission.
2. Reduce the amount of representatives of the Louisianans for Prison Alternatives
from two to one.
3. Make technical changes.
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