Louisiana 2022 2022 Regular Session

Louisiana House Bill HB893 Comm Sub / Analysis

                    GREEN SHEET REDIGEST
HB 893	2022 Regular Session	Hughes
BUDGETARY PROCEDURES:  Provides relative to criminal justice reinvestment
savings and reporting requirements
DIGEST
Present law authorizes DPS&C to enter into cooperative endeavors or contracts with the La.
Workforce Commission, the La. Dept. of Education, and the La. community and technical
colleges, educational institutions, training facilities, and service providers to provide
entrepreneurial educational opportunities for eligible offenders.
Proposed law requires rather than authorizes DPS&C to enter into such cooperative
endeavors or contracts.
Present law requires DPS&C, in conjunction with the La. Commission on Law Enforcement
and Administration of Criminal Justice, to collect, track, analyze, forecast, and distribute data
relative to prison admissions, sentencing, habitual offender sentencing, parole, community
supervision, medical furlough, certified treatment and rehabilitation programs, workforce
development programs, and cost savings and reinvestment.  Proposed law retains present
law.
Present law requires DPS&C to annually report to the Joint Legislative Committee on the
Budget (JLCB) on the data it collects, including certain specific data analysis including
information relative to the population of individuals on probation or parole, prison
admissions, certified treatment and rehabilitation programs, workforce development, and
reinvestment and savings.
Proposed law retains the requirements of present law to provide this specific information, but
changes the entity to which DPS&C provides the information.  Requires the analysis of
reinvestment and savings data to be reported to JLCB in the month of July of each year. 
Establishes further requirements for this report to JLCB as detailed in proposed law.
Requires the analysis of probation and parole populations, prison admissions, certified
treatment and rehabilitation programs, and workforce development to be submitted to the
House Committee on the Administration of Criminal Justice and the Senate Committee on
Judiciary B no later than June 30th of each year. 
With respect to the savings attributable to recent criminal justice reform legislation, present
law requires DPS&C each year to provide to the commissioner of administration and JLCB
a statement of calculated annual savings realized as a result of these reforms.  Proposed law
requires the report to be submitted solely to JLCB.
Present law deems 50% of the annual savings a bona fide obligation of the state and
establishes the following allocation for that portion of the savings:
(1)30% of the 50% is allocated to DPS&C to award incentive grants to parishes, judicial
districts, and nonprofit community partner organizations to expand evidence-backed
prison alternatives and reduce admissions to the state prison system.
(2)20% of the 50% is allocated to the La. Commission on Law Enforcement and the
Administration of Criminal Justice to award competitive grants for victim services.
(3)50% of the 50% is allocated to DPS&C for targeted investments in reentry services,
community supervision, educational and vocational programming, transitional work
programs, and contracts with parish jails and other local facilities that house state
inmates to incentivize expansion of recidivism reduction programming and treatment
services.
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Prepared by Alan Miller. Present law deems an additional 20% of the total annual savings a bona fide obligation of the
state and allocates the amount to DPS&C for juvenile justice initiatives and programs.
Proposed law retains present law but bases the percentage on the total amount of savings
instead of the bonafide amounts as follows:
(1)15% to DPS&C to award incentive grants to parishes, judicial districts, and nonprofit
community partner organizations to expand evidence-backed prison alternatives and
reduce admissions to the state prison system.
(2)10% to the La. Commission on Law Enforcement and the Administration of Criminal
Justice to award competitive grants for victim services.
(3)45% to the La. Community and Technical College System for targeted investments
in educational and vocational training aimed at recidivism reduction programing for
adult and juvenile offenders.  Proposed law further requires the La. Community and
Technical College System to report to the legislature by Dec. 15 of each year.
Proposed law retains the requirement of present law that 70% of the annual savings be
deemed a bona fide obligation of the state.
As previously noted, proposed law requires DPS&C to submit a report each year to JLCB
regarding the savings from criminal justice reform legislation.  Proposed law requires the
report to contain information on all offenders in state facilities, offenders sentenced to
DPS&C who are in the custody of the sheriff or other local governing authority, and youth
in the custody or under supervision of the office of juvenile justice for each of the following
topics:
(1)The total annual savings and the calculation used to determine the savings pursuant
to proposed law.
(2)The amounts allocated pursuant to proposed law and present law and a description
of how DPS&C has used the funds in past fiscal years through FY 2014-2015 and
how it plans to use the funds in the current fiscal year.
(3)A comparison of the number of individuals eligible for educational and vocational
programming, the number of participants in educational and vocational
programming, and the total amount expended on the programming from justice
reinvestment funds and any additional sources of funds for the immediately
preceding fiscal year and each prior fiscal year through FY 2014-2015.
(4)A comparison of recidivism rates for individuals receiving community-based
services, individuals receiving educational and vocational programming, and
individuals receiving a combination of community-based services and educational
and vocational programming for the immediately preceding fiscal year and each prior
fiscal year through FY 2014-2015.
(5)A comparison of post-incarceration employment rates for individuals who received
educational and vocational programming for the immediately preceding fiscal year
and each prior fiscal year through FY 2014-2015.
Proposed law provides for prospective application only with percentages for savings
allocation applying to savings generated in FY 2022-2023 and subsequent years.
(Amends R.S. 15:827.1(E)(2), 827.2(A)(2) and (3),  and 827.3; Repeals R.S. 15:827.2(D)(7))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
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Prepared by Alan Miller. 1. Require rather than authorize DPS&C to enter into cooperative endeavors or
contracts with the La. Workforce Commission, the La. Dept. of Education, and
the La. community and technical colleges, and service providers for educational
opportunities for certain offenders.
The House Floor Amendments to the engrossed bill:
1. Remove proposed law which required the following:
(a)25% of annual savings to be allocated to DPS&C for targeted investments
in reentry services, community supervision, educational and vocational
programming, transitional work programs, and contracts with parish jails
and other local facilities to incentivize expansion of recidivism reduction
programming and treatment services.
(b)DPS&C to use the money to provide educational and vocational
programming to no less than 50% of eligible individuals each year.
(c)20% of annual savings to be allocated to DPS&C for juvenile justice
initiatives and programs.
2. Require 45% of annual savings to be allocated to the La. Community and
Technical College System for targeted investments in educational and vocational
training aimed at recidivism reduction programming for adult and juvenile
offenders. 
3. Require the La. Community and Technical College System to report to the
legislature by Dec. 15 of each year.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
reengrossed bill
1. Provides for prospective application only with percentages for savings allocation
applying to savings generated in FY 2022-2023 and subsequent years.
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Prepared by Alan Miller.