LEGISLATIVE FISCAL OFFICE

Fiscal Note
Fiscal Note On: SB 3 SLS 242ES 10
Bill Text Version: ENGROSSED
Opp. Chamb. Action:

Proposed Amd.:
Sub. Bill For.:
Date: February 20, 2024 8:44 PM Author: CLOUD
Dept./Agy.: Corrections, Youth Services, and LCLE
Subject: Lowers Age for Consideration as Juvenile Analyst: Daniel Druilhet
PROBATION/PAROLE EG SEE FISC NOTE GF EX See Note Page 1 of 2
Lowers the age for consideration as a juvenile in the criminal justice system. (gov sig) (2/3 - CA5s19) (Item #11)

Current law defines child as (1) any person under the age of 21 who commits a delinquent act before attaining 17 years of age, (2)
beginning March 1, 2019, any person under the age of 21, who commits a delinquent act on or after March 1, 2019, when the act is not a
crime of violence (COV) and before attaining 18 years of age, and (3) after June 30, 2020, any person under the age of 21, who commits
a delinquent act on or after July 1, 2020, and before attaining 18 years of age. Current law provides that the court is required to hold a
hearing within 3 days after the child’s entry into the juvenile detention center or shelter care facility. Proposed law amends current law to
define child as (1) before March 1, 2019, and on or after April 19, 2024, any person under the age of 21 who commits a delinquent act
before attaining 17 years of age; (2) from March 1, 2019, and until June 30, 2020, any person under the age of 21 who commits a
delinquent act when the act is not a crime of violence and before the person reaches 18 years of age; (3) from March 1, 2024, until April
19, 2024, any person under the age of 21 who commits a delinquent act on or after July 1, 2020, through April 19, 2024, and before
attaining 18 years of age; removes the mandate that a child 17 years of age is subject to the exclusive criminal jurisdiction of the
appropriate court.

EXPENDITURES 2024-25 2025-26 2026-27 2027-28 2028-29 5 -YEAR TOTAL

State Gen. Fd. SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW

Agy. Self-Gen. $0 $0 $0 $0 $0 $0

Ded./Other $0 $0 $0 $0 $0 $0

Federal Funds $0 $0 $0 $0 $0 $0

Local Funds SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW

Annual Total

REVENUES 2024-25 2025-26 2026-27 2027-28 2028-29 5 -YEAR TOTAL

State Gen. Fd. $0 $0 $0 $0 $0 $0

Agy. Self-Gen. $0 $0 $0 $0 $0 $0

Ded./Other $0 $0 $0 $0 $0 $0

Federal Funds DECREASE DECREASE DECREASE DECREASE DECREASE

Local Funds DECREASE DECREASE DECREASE DECREASE DECREASE

Annual Total
EXPENDITURE EXPLANATION
Proposed law will likely result in an indeterminable decrease in SGF expenditures to the Office of Juvenile Justice and city
and parish governments, an increase in local expenditures to Sheriff’s departments, and an increase in SGF expenditures to
the Louisiana Commission on Law Enforcement. Overall, net expenditures on a state and local level are indeterminable.

Office of Juvenile Justice

Proposed law will likely result in an indeterminable decrease in SGF expenditures to the Office of Juvenile Justice (OJJ), as it
would result in a lower number of youth requiring services from OJJ. The enactment of proposed law will reduce the youth
population in non-secure and secure care, which will reduce the pending placement days of youth following adjudication and
result in an indeterminable decrease in expenditures to the Local Housing of Juvenile Offenders budget. Reducing the
number of youth in supervision would also provide reduced caseloads of Probation and Parole Officers in OJJ. However, the
reduction in expenditures would not be realized until those currently under the care of OJJ are released over the next couple
of fiscal years.

Louisiana Commission on Law Enforcement

Proposed law will result in an increase in SGF expenditures for the Louisiana Commission on Law Enforcement (LCLE), as it
will impact the manner in which it tracks and reports data on crime via its LEMIS (Law Enforcement Management
Information System), LIBRS (Louisiana Incident Based Crime Reporting), and TrackCrime reporting systems. LCLE advises
that minor changes and upgrades would be needed for LEMIS, but that major changes will be necessary to the LIBRS system
to segregate data being collected on juvenile and adult crime statistics. LCLE also will have to proceed through a validation
period to ensure that statistics being collected accurately reflect the intent of the statutory changes under proposed law.
LCLE’s IT vendor estimates that costs to reprogram the various data collection systems and conduct a validation period to
identify and fix program errors would be in excess of $300,000. The system upgrades and enhancements will be a one-time
expenditure.

CONTINUED ON PAGE 2
REVENUE EXPLANATION
Proposed law will likely result in an indeterminable decrease in revenue to the Louisiana Commission on Law Enforcement
(LCLE) and local jurisdictions, to the extent that LCLE’s receipt and ability to distribute federal grant funds to local
jurisdictions is reduced due to non-compliance with the sight and sound regulations set forth in federal grant requirements.

CONTINUED ON PAGE 2

Senate Dual Referral Rules House

x 13.5.1 >= $100,000 Annual Fiscal Cost {S & H} x 6.8(F)(1) >= $100,000 SGF Fiscal Cost {H & S}

13.5.2 >= $500,000 Annual Tax or Fee Patrice Thomas

6.8(G) >= $500,000 Tax or Fee Increase
Change {S & H} or a Net Fee Decrease {S} Deputy Fiscal Officer
 LEGISLATIVE FISCAL OFFICE
Fiscal Note
Fiscal Note On: SB 3 SLS 242ES 10
Bill Text Version: ENGROSSED
Opp. Chamb. Action:

Proposed Amd.:
Sub. Bill For.:
Date: February 20, 2024 8:44 PM Author: CLOUD
Dept./Agy.: Corrections, Youth Services, and LCLE
Subject: Lowers Age for Consideration as Juvenile Analyst: Daniel Druilhet

CONTINUED EXPLANATION from page one: Page 2 of 2

[CONTINUED EXPENDITURE EXPLANATION FROM PAGE 1]

Local Expenditures
Proposed law will likely result in an indeterminable decrease in local expenditures for city and parish governments to the
extent these entities are no longer required to house 17 year olds in juvenile detention centers during pre-trial proceedings
after March 1, 2024. Under current law, cities and parishes are required to house 17 year olds in a juvenile detention center
prior to trial (some exceptions provided). Local jurisdictions report paying approximately $200 to $250 per juvenile per day
to juvenile detention centers, with one out of state facility charging $600 per juvenile per day. In addition to the daily
housing rate, local jurisdictions must also pay for travel costs to transport juveniles to and from the juvenile detention center
for court appearances.

Sheriffs
Proposed law will result in an indeterminable increase in expenditures to local Sheriff’s departments to the extent they are
required to house 17 year olds during pre-trial proceedings. The Louisiana Sheriffs’ Association (LSA) reports that most
Sheriff’s departments do not currently house juveniles because they are unable to keep the juveniles “sight and sound
separated” as required under the Juvenile Justice and Delinquency Prevention Act (JJDPA). The LSA reports there will likely
be increased costs for local Sheriffs for renovations to existing facilities in order to house 17 year olds and be in compliance
with federal law. The impact is indeterminable as the LSA and local sheriffs are currently unable to determine the scope of
the renovations.

District Attorneys
Proposed law will result in an indeterminable increase in local expenditures to district attorneys’ offices to the extent that
district attorneys exercise discretion to prosecute juveniles under the age of 18 accused of committing delinquent acts that
are considered nonviolent offenses. The exact fiscal impact to local expenditures in district attorneys’ offices is
indeterminable, because it is unknown how many district attorneys’ will chose to prosecute juveniles under the 18 who will
be accused of committing nonviolent offenses in the future.

[CONTINUED REVENUE EXPLANATION FROM PAGE 1]

Proposed law will result in a decrease in federal grant funding received by the Louisiana Commission on Law Enforcement
through the Juvenile Justice and Delinquency Prevention Act (JJDPA) Formula Grants Program. LCLE previously reported
that it receives approximately $500,000 - $750,000 annually through this program. The grant is to assist states in the
development of more effective education, training, research, prevention, diversion, treatment, and rehabilitation programs in
the area of juvenile delinquency and programs to improve the juvenile justice system. The JJDPA and corresponding
administrative rules and regulations require that juveniles alleged to be or found to be delinquent will not be detained or
confined in any institution in which they have sight and sound contact with adult inmates. Any state not in compliance with
the JJDPA shall have its grant funding reduced by not less than 20% for each core requirement violated. The proposed
legislation may reduce the funding from the JJDPA program by 20% if Louisiana is found to not be in compliance with the
sight and sound regulations set forth in the JJDPA.

For informational purposes, the Department of Public Safety & Corrections - Youth Services reports providing services to
1,897 juveniles as of 2/16/24 (17 year old youth - post adjudication) since Raise the Age legislation was passed. The
juveniles were placed under supervision and/or care as listed below.

Supervision Non-Secure Care Secure Care

FY 20 (Non-Violent Only) 438 53 29
FY 21 (Full Implementation) 412 46 44
FY 22 435 56 42
FY 23 530 53 38
By 24 (as of 2/16/24) 282 34 19

Total Youth Served 1,897 242 172

Senate Dual Referral Rules House

x 13.5.1 >= $100,000 Annual Fiscal Cost {S & H} x 6.8(F)(1) >= $100,000 SGF Fiscal Cost {H & S}

13.5.2 >= $500,000 Annual Tax or Fee Patrice Thomas

6.8(G) >= $500,000 Tax or Fee Increase
Change {S & H} or a Net Fee Decrease {S} Deputy Fiscal Officer