HLS 20RS-360 ORIGINAL
2020 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 3
BY REPRESENTATIVE MAGEE
BOARDS/COMMISSIONS: Recreates the Louisiana Commission on Justice System
Funding
1 A CONCURRENT RESOL UTION
2To authorize and direct the continuation of the Louisiana Commission on Justice System
3 Funding established by HCR No. 87 of the 2019 Regular Session of the Legislature,
4 to provide for the membership, powers, and duties of the commission, and to require
5 the commission to report its findings.
6 WHEREAS, in the 2019 Regular Session of the Legislature the Louisiana
7Commission on Justice System Funding was established to, among other things, determine
8the extent to which Louisiana's criminal justice system relies upon the financial obligations
9imposed upon persons who commit criminal offenses and to develop recommendations that
10would help Louisiana move toward a system that is funded through means that provide
11stability and fairness and that allow for the implementation of Act No. 260 of the 2017
12Regular Session of the Legislature which sought to help alleviate the insurmountable barrier
13to reentry defendants often face because of outstanding financial obligations associated with
14their conviction; and
15 WHEREAS, pursuant to HCR No. 87 of the 2019 Regular Session of the Legislature,
16the commission began its work in August 2019 and, based upon the information,
17presentations, and testimony received from various stakeholders including the Louisiana
18Supreme Court, the Louisiana Legislative Auditor, the Louisiana Public Defender Board,
19and the National Center for State Courts, the commission issued a report of its initial
20findings and recommendations to the governor and legislature in February 2020; and
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1 WHEREAS, in its report the commission recommended that legislation be introduced
2in the 2020 Regular Session of the Legislature to continue the work of the commission with
3additional mandates and an expanded focus area and to require uniform reporting of specific
4information and data by all entities that assess, collect, or receive revenue from pre- or post-
5adjudication costs, fines, and fees.
6 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
7authorize and direct the continuation of the Louisiana Commission on Justice System
8Funding established by HCR No. 87 of the 2019 Regular Session of the Legislature.
9 BE IT FURTHER RESOLVED that the commission is hereby authorized and
10directed to continue to study financial obligations of criminal defendants and how those
11financial obligations are used to fund and subsidize core functions of the Louisiana court
12system, and to continue to study and determine optimal methods of supporting and funding
13the Louisiana court system in a way that would allow for the implementation of changes
14made in Act No. 260 of the 2017 Regular Session of the Legislature.
15 BE IT FURTHER RESOLVED that the commission shall be composed of the
16following members:
17 (1) The author of Act No. 260 of the 2017 Regular Session of the Legislature, who
18shall serve as co-chair of the commission.
19 (2) The governor or his designee.
20 (3) The chief justice of the Louisiana Supreme Court or her designee.
21 (4) The judicial administrator of the Louisiana Supreme Court or her designee.
22 (5) The speaker of the House of Representatives or his designee.
23 (6) The president of the Senate or his designee.
24 (7) The chair of the House Committee on Administration of Criminal Justice.
25 (8) The chair of the House Committee on Judiciary.
26 (9) The chair of the Senate Committee on Judiciary B.
27 (10) The chair of the Senate Committee on Judiciary C.
28 (11) The attorney general or his designee.
29 (12) The secretary of the Department of Public Safety and Corrections or his
30designee.
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1 (13) A representative from the division of administration appointed by the
2commissioner of administration. This representative shall serve as co-chair of the
3commission.
4 (14) The president of the Louisiana Sheriffs' Association or his designee.
5 (15) A probation and parole officer appointed by the Louisiana Probation and Parole
6Association.
7 (16) A district attorney appointed by the president of the Louisiana District
8Attorneys Association.
9 (17) A public defender appointed by the State Public Defender Board.
10 (18) Two district court judges, one appointed by the chief justice of the Louisiana
11Supreme Court and one appointed by the Louisiana District Judges Association.
12 (19) The president of the Louisiana Clerks of Court Association or his designee.
13 (20) Two representatives from Louisianans for Prison Alternatives.
14 (21) Two representatives from the Louisiana Smart on Crime Coalition.
15 (22) Three persons, chosen and appointed by the commission, representing the
16interests of local government and courts of limited jurisdiction, including but not limited to
17representatives of the Louisiana Municipal Association, the Louisiana Police Jury
18Association, and the Louisiana City Court Judges Association.
19 BE IT FURTHER RESOLVED that the duties of the commission set forth in HCR
20No. 87 of the 2019 Regular Session are continued and the commission is further authorized
21and directed to expand its scope of study to include an examination of criminal fines, fees,
22and costs assessed in all courts, including but not limited to mayor's courts, municipal courts,
23city courts, parish courts, and district courts, and to provide recommendations on all of the
24following:
25 (1) Developing definitions for the various types of legal financial obligations, the
26court system, and core or essential court functions.
27 (2) Determining the amount needed from state and local general revenue funds that
28would enable courts to substantially reduce reliance on self-generated revenue.
29 (3) Identifying fees and costs that can be eliminated including but not limited to self-
30generated funds assessed by the courts.
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HCR NO. 3
1 (4) Creating a system for collecting, disbursing, and tracking collected amounts
2including partial payments.
3 (5) Proposing statutory safeguards that ensure adequate court funding and limit the
4use of self-generated revenue to fund essential court functions.
5 BE IT FURTHER RESOLVED that the commission may request and collect relevant
6and necessary data and information to accomplish its purposes from state and local
7government entities throughout the state that, to the extent possible, represent the geographic
8diversity of this state and the diversity in population of the parishes served by the various
9court systems.
10 BE IT FURTHER RESOLVED that the entities and court systems from which such
11information and data is requested may, to the extent feasible, provide such information and
12data to the commission at no cost.
13 BE IT FURTHER RESOLVED that the commission shall request and secure
14qualified technical assistance and support through the establishment of an academic
15partnership or from public or private stakeholders and entities with qualified expertise in the
16commission's focus areas, including but not limited to research assistance and coordination
17from the Louisiana Supreme Court.
18 BE IT FURTHER RESOLVED that the division of administration shall provide
19administrative assistance and staffing as may be necessary in order to enable the commission
20to conduct its meetings and accomplish its duties.
21 BE IT FURTHER RESOLVED that the commission shall provide a report of its
22findings and recommendations to the governor and the Legislature of Louisiana no later than
23February 1, 2022, and any further reports or recommendations thereafter as requested by the
24governor, the legislature, or advised by the commission. The commission may also provide
25interim reports of its work to the governor and legislature as it deems appropriate.
26 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to each
27of the commission members and the appointing entities provided in this Resolution.
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HCR NO. 3
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 3 Original 2020 Regular Session Magee
Authorizes and directs the continuation of the La. Commission on Justice System Funding
established by HCR No. 87 of the 2019 R.S., provides for the membership, powers, and
duties of the commission, and requires the commission to report its findings.
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