HLS 20RS-1116 ORIGINAL 2020 Regular Session HOUSE BILL NO. 729 BY REPRESENTATIVE MARCELLE CHILDREN: Establishes the Council on the Children of Incarcerated Parents and Caregivers and repeals the termination of the Children's Cabinet 1 AN ACT 2To enact R.S. 46:2605.4, 2605.5, and 2605.6 and to repeal R.S. 46:2607, relative to children; 3 to establish the Council on the Children of Incarcerated Parents and Caregivers as 4 a subcommitee of the Children's Cabinet Advisory Board; to provide for the 5 membership of the council; to provide for the domicile, purposes, duties, and 6 authority of the council; to establish the Children of Incarcerated Parents and 7 Caregivers Fund; to provide relative to the administration and use of monies in the 8 fund; to repeal the termination date of the Children's Cabinet; and to provide for 9 related matters. 10Be it enacted by the Legislature of Louisiana: 11 Section 1. R.S. 46:2605.4, 2605.5, and 2605.6 are hereby enacted to read as follows: 12 §2605.4. Council on the Children of Incarcerated Parents 13 A. There is hereby established the Council on the Children of Incarcerated 14 Parents and Caregivers, hereinafter referred to as the "CIP Council", as a 15 subcommittee of the Children's Cabinet Advisory Board. The domicile of the CIP 16 Council shall be in the parish of East Baton Rouge. 17 B. For the purpose of the CIP Council, "incarcerated parents and caregivers" 18 include all individuals who, prior to or following incarceration, are primarily or 19 secondarily responsible for the health and well-being of an individual. 20 C.(1) The CIP Council shall be composed of the following members: Page 1 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 20RS-1116 ORIGINAL HB NO. 729 1 (a) Three individuals, representative of the various regions of the state, 2 whose parents or caregivers are or were incarcerated when the individuals were 3 minors. 4 (b) One person who is a formerly incarcerated parent or caregiver. 5 (c) One representative of the Louisiana Department of Health appointed by 6 the secretary of the department or the representative's designee. 7 (d) One representative of the Department of Education appointed by the 8 superintendent or the representative's designee. 9 (e) One representative of the Department of Children and Family Services 10 appointed by the secretary of the department or the representative's designee. 11 (f) The family liaison of the Department of Public Safety and Corrections, 12 office of juvenile justice or the liaison's designee. 13 (g) One representative of the Department of Public Safety and Corrections 14 appointed by the secretary or the representative's designee. 15 (h) One representative of the Louisiana Public Defender Board appointed by 16 the state public defender or the representative's designee. 17 (i) One representative of the Louisiana District Attorneys Association 18 appointed by the president of the association or the representative's designee. 19 (j) One representative of the Louisiana Sheriffs' Association appointed by 20 the president of the association or the representative's designee. 21 (k) One person representing and appointed by Daughters Beyond 22 Incarceration. 23 (l) One person representing and appointed by Voice of the Experienced. 24 (2) Additional members may be added as determined by a majority vote of 25 those members currently serving on the CIP Council. 26 D. Members of the CIP Council shall serve two-year terms and shall not 27 receive any compensation or reimbursement of expenses. Each member of the CIP 28 Council shall serve until the appointment and qualification of their successor. 29 Whenever a vacancy occurs in an appointed position, the vacancy shall be filled in Page 2 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 20RS-1116 ORIGINAL HB NO. 729 1 the same manner and under the same conditions as required for the original 2 appointment. 3 E. At the first meeting each year, the chair and the vice chair of the CIP 4 Council shall be appointed by the executive director of the Children's Cabinet 5 Advisory Board with the consultation and approval of the CIP Council. 6 F. The CIP Council shall meet at least once in at least three of the four 7 quarters each year. The CIP Council shall comply with the Open Meetings Law, 8 R.S. 42:11 et seq., in conducting its regular business. 9 G. All departments, boards, agencies, officers, and institutions of the state 10 and all subdivisions thereof shall cooperate with the CIP Council in carrying out its 11 purposes pursuant to the provisions of this Section and R.S. 46:2605.5 and 2605.6. 12 H. The CIP Council shall make, or cause to be made, all such studies, 13 reviews, or analyses that it determines to be necessary to effect its purpose. 14 I. The CIP Council may receive and expend funds appropriated or otherwise 15 made available by the legislature or from any other source, including donations or 16 gifts of money or services from public or private organizations or from any other 17 sources, to be utilized for the purposes of the CIP Council and as further provided 18 in R.S. 46:2605.6. 19 §2405.5. CIP Council; duties 20 A. The CIP Council shall be a resource to the state on issues affecting the 21 children of incarcerated parents and caregivers in the state. In furtherance of that 22 responsibility, the CIP Council shall undertake efforts including but not limited to 23 the following: 24 (1) Investigate the impact that a parent's or caregiver's involvement in the 25 criminal justice system has on the mental, emotional, physical, and financial well- 26 being of their child or children up to and through adulthood. 27 (2) Serve as a liaison between government and private interest groups with 28 regard to matters of unique interest and concern to the children of incarcerated 29 parents or caregivers. Page 3 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 20RS-1116 ORIGINAL HB NO. 729 1 (3) Identify and discuss best practices as they affect the children of 2 incarcerated parents and caregivers and explore how those practices can be adapted 3 to programs and services within the state. 4 (4) Advise executive and legislative bodies of the potential effect of 5 proposed legislation on the children of incarcerated parents and caregivers, as the 6 CIP Council determines to be necessary and appropriate. 7 (5) Investigate the merits of the establishment of a state agency within a 8 department dedicated to issues affecting the children of incarcerated parents and 9 caregivers, and determine how such agency or program is to be organized and 10 implemented. 11 (6) Provide resources and education to the caregivers of children with 12 incarcerated parents or caregivers. 13 B. The CIP Council shall issue at least one report every two years, beginning 14 January 31, 2022, stating the findings, conclusions, and recommendations of the CIP 15 Council. The CIP Council shall submit the report to the chair of the Children's 16 Cabinet Advisory Board and the executive director of the Children's Cabinet. The 17 report shall be available to any other governmental entity requesting a copy. 18 §2405.6. Children of Incarcerated Parents and Caregivers Fund 19 A. There is hereby created in the state treasury as a special fund the Children 20 of Incarcerated Parents and Caregivers Fund, hereinafter referred to as the "fund". 21 B.(1) The source of monies deposited into the fund shall be any monies 22 appropriated annually by the legislature, including federal funds; any public or 23 private donations, gifts, or grants from individuals, corporations, nonprofit 24 organizations, or other business entities; and any other monies that may be obtained 25 or provided by law. 26 (2) Monies in the fund shall be invested in the same manner as monies in the 27 state general fund and interest earned on investment of monies in the fund shall be 28 credited to the state general fund. Unexpended and unencumbered monies in the 29 fund at the end of the fiscal year shall remain in the fund. Page 4 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 20RS-1116 ORIGINAL HB NO. 729 1 C. Monies in the fund shall be used as directed by the CIP Council solely for 2 the purposes set forth in this Section and R.S. 46:2605.4 and 2605.5. 3 Section 2. R.S. 46:2607 is hereby repealed in its entirety. 4 Section 3. This Act shall become effective upon signature by the governor or, if not 5signed by the governor, upon expiration of the time for bills to become law without signature 6by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If 7vetoed by the governor and subsequently approved by the legislature, this Act shall become 8effective on the day following such approval. 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)] HB 729 Original 2020 Regular Session Marcelle Abstract: Establishes the Council on the Children of Incarcerated Parents and Caregivers and repeals the termination of the Children's Cabinet. Present law provides for the Children's Cabinet, a state agency within the office of the governor, to facilitate and require coordination of policy, planning, and budgeting affecting programs and services for children and their families; to coordinate delivery of services to children and their families; and to eliminate duplication of services where appropriate. Present law provides that the existence of the Children's Cabinet shall terminate, all legal authority of the Children's Cabinet shall cease, and provisions of present law regarding the Children's Cabinet shall be repealed on Aug. 1, 2022. Proposed law repeals the provision which provides for the termination of the Children's Cabinet and legal authority and the repeal of the present law provisions regarding the Children's Cabinet. Present law provides for the Children's Cabinet Advisory Board to provide information and recommendations from the perspective of advocacy groups, service providers, and parents. Proposed law establishes the Council on the Children of Incarcerated Parents and Caregivers as a subcommittee of the Children's Cabinet Advisory Board. Proposed law defines "incarcerated parents and caregivers" to include all individuals who, prior to or following incarceration, are primarily or secondarily responsible for the health and well-being of an individual. Proposed law provides that the council shall be composed of certain members described in proposed law and shall be domiciled in East Baton Rouge Parish. Proposed law authorizes the council to add additional members by a majority vote of current council members. Proposed law provides that council members shall serve two-year terms, until the appointment and qualification of their successor, and shall not receive any compensation or reimbursement of expenses. Page 5 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 20RS-1116 ORIGINAL HB NO. 729 Proposed law provides that the chair and vice chair of the council shall be appointed by the executive director of the Children's Cabinet Advisory Board with the consultation and approval of the council. Proposed law requires the council to meet at least once in at least three of the four quarters each year and to comply with the Open Meetings Law. Proposed law requires all departments, boards, agencies, officers, and institutions of the state and all subdivisions thereof to cooperate with the council in carrying out its purposes. Proposed law requires the council to make, or cause to be made, all such studies, reviews, or analyses that it determines to be necessary to effect its purpose. Proposed law authorizes the council to receive and expend funds appropriated or otherwise made available by the legislature or from any other source, including donations or gifts of money or services from public or private organizations or from any other sources, to be utilized for the purposes of the council. Proposed law provides for the specific duties of the council including the following: (1)Investigate the impact that a parent's or caregiver's involvement in the criminal justice system has on the mental, emotional, physical, and financial well-being of their child or children up to and through adulthood. (2)Serve as a liaison between government and private interest groups with regard to matters of unique interest and concern to the children of incarcerated parents or caregivers. (3)Identify and discuss best practices as they affect the children of incarcerated parents and caregivers and explore how those practices can be adapted to programs and services within the state. (4)Advise executive and legislative bodies of the potential effect of proposed legislation on the children of incarcerated parents and caregivers, as the CIP Council determines to be necessary and appropriate. (5)Investigate the merits of the establishment of a state agency within a department dedicated to issues affecting the children of incarcerated parents and caregivers, and determine how such agency or program is to be organized and implemented. (6)Provide resources and education to the caregivers of children with incarcerated parents or caregivers. Proposed law requires the council to report its findings, conclusions, and recommendations at least once every two years beginning Jan. 31, 2022. Proposed law creates the Children of Incarcerated Parents and Caregivers Fund and provides for the administration and use of monies in the fund for purposes of the council and provides that the fund shall be comprised of any monies appropriated annually by the legislature, including federal funds; any public or private donations, gifts, or grants from individuals, corporations, nonprofit organizations, or other business entities; and any other monies that may be obtained or provided by law. Effective upon signature of the governor or lapse of time for gubernatorial action. (Adds R.S. 46:2605.4, 2605.5, and 2605.6; Repeals R.S. 46:2607) Page 6 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions.