2020 First Extraordinary Session ENROLLED
SENATE CONCURRENT RESOL UTION NO. 25
BY SENATOR REESE
A CONCURRENT RESOL UTION
To urge and request the division of administration to review the eligibility of Louisiana
district attorneys to receive reimbursement under the "public safety" presumption of
the CARES Act.
WHEREAS, the United States Treasury has opined that "[p]ayroll expenses for
public safety, public health, health care, human services, and similar employees whose
services are substantially dedicated to mitigating or responding to the COVID-19 public
health emergency" are eligible for reimbursement under the CARES Act; and
WHEREAS, upon reviewing the descriptions and guidance associated with the
"public safety" presumption of the CARES Act, it appears that Louisiana district attorneys
should be considered as eligible under the "public safety" presumption; and
WHEREAS, during the COVID-19 pandemic, Louisiana's district attorneys have
been forced to adapt and overcome obstacles that lend themselves to applicability of the
"public safety" presumption; and
WHEREAS, with regard to inmate population reduction efforts:
(1) Louisiana prosecutors have worked diligently and consistently to support and
assist law enforcement with twenty-four hour on-call status with "summons in lieu of arrest"
decisions and real-time screening of custodial arrests.
(2) Louisiana district attorneys have participated in all phases of the state's furlough
plan by conducting local investigations of the inmate history prior to the panel hearings and
participating in the hearings as panel members; and
WHEREAS, with regard to victim services, Louisiana district attorneys have
embraced the challenges brought about by the pandemic to deliver services to victims of
crime, including but not limited to:
(1) Facilitating the issuance of Uniform Abuse Prevention orders in accordance with
R.S. 46:2136 in domestic violence cases and during bail setting in accordance with C.Cr.P.
Art. 320 for victims of crimes of violence, sex offenses, and human trafficking through
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innovative means such as traveling to the victims with technology in order to participate in
the required hearings remotely when victims lacked the requisite technology and the ability
to travel.
(2) Providing necessary assistance and referral for counseling services, assistance
with emergency housing, food, clothing, and other needs, facilitating relocation of victims
and witnesses who are in dangerous situations.
(3) Participating in the on-site and emergent needs relating to Child in Need of Care
and Family in Need of Service cases which often involve emergency situations; and
WHEREAS, with regard to investigative services:
(1) District attorneys employ in excess of two hundred investigators who are, by
definition, "peace officers", pursuant to R.S. 16:13.1 and as such are authorized to carry
firearms in the performance of their duties.
(2) District attorneys have afforded twenty-four hour on-call response to major and
complex crimes such as homicide, sexual assault, and those which are much more prevalent
during the stay-at-home mandate such as domestic abuse, human trafficking, Medicaid fraud,
racketeer-influenced and corrupt organizations (RICO) violations, etc.; and
WHEREAS, with regard to public body representation, district attorneys have had
to redirect significant resources to assist local government with "open meetings" compliance
throughout the pandemic.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana hereby urges
and requests the division of administration to review the eligibility of district attorneys to
receive reimbursement under the "public safety" presumption of the CARES Act.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to
Jay Dardenne, commissioner of administration.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
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