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