SUBPART CC. CRIMINAL JUSTICE PRIORITY FUNDING COMMISSION

PROGRAM AND CRIMINAL JUSTICE PRIORITY FUND

§100.241. Criminal Justice Priority Funding Commission Program

            A. As used in this Subpart, the following terms shall have the following meanings:

            (1) "Commission" means the Criminal Justice Priority Funding Commission.

            (2) "Committee" means the Joint Legislative Committee on the Budget.

            (3) "Division" means the division of administration.

            (4) "Fund" means the Criminal Justice Priority Fund.

            (5) "Program" means the Criminal Justice Priority Funding Commission Program.

            (6) "Regional juvenile detention center authority" means any regional juvenile detention center authority created in Title 15 of the Louisiana Revised Statutes of 1950 or as provided in criteria established in the guidance promulgated pursuant to this Section.

            B.(1) The commission is hereby established to review applications submitted to the program as provided in this Section and make recommendations for funding to the Joint Legislative Committee on the Budget.

            (2) The commission shall be comprised of the following twelve members:

            (a) The president of the Senate or his designee.

            (b) A member of the Senate Committee on Judiciary B appointed by the president of the Senate.

            (c) A member of the Senate Committee on Finance appointed by the president of the Senate.

            (d) A member of the Senate Committee on Revenue and Fiscal Affairs appointed by the president of the Senate.

            (e) The speaker of the House of Representatives or his designee.

            (f) A member of the House Committee on Administration of Criminal Justice appointed by the speaker of the House of Representatives.

            (g) A member of the House Committee on Appropriations appointed by the speaker of the House of Representatives.

            (h) A member of the House Committee on Ways and Means appointed by the speaker of the House of Representatives.

            (i) The commissioner of administration or his designee.

            (j) The secretary of the Department of Public Safety and Corrections or his designee.

            (k) The secretary of the Department of Revenue or his designee.

            (l) One member appointed by the governor.

            (3) The commissioner of administration shall serve as chairman of the commission.

            (4) A quorum of the commission shall be seven members. Any recommendations made by the commission shall require the affirmative vote of a majority of the commission, provided that a quorum is present.

            (5) The members of the commission shall serve without compensation. The appointed members of the commission who are state employees may receive the same reimbursement of travel expenses for attending the meetings as is allowed for state employees' travel. The appointed members of the commission who are not state employees may receive the same reimbursement of travel expenses for attending the meetings as is allowed for state employees' travel, except that all legislative members of the commission shall receive the same per diem and travel expenses for attending meetings of the commission or any meeting thereof as is normally provided for members of the legislature.

            (6) The staffs of the Senate, House of Representatives, and the legislative fiscal office shall provide staff support and otherwise assist the commission as required by the commission.

            C.(1) The program is hereby established to provide funding for the following:

            (a) Grants to nonstate entities for the design, construction, site purchase, refurbishment, site work, and other necessary items or materials for the building, repair, or refurbishment of fully operational juvenile detention centers to house both pre-adjudicated and post-adjudicated juveniles.

            (b) The office of juvenile justice for the design, construction, site purchase, refurbishment, site work, and other necessary items or materials for the building, repair, or refurbishment of fully operational juvenile detention centers to house both pre-adjudicated and post-adjudicated juveniles.

            (c) Immediate and necessary building and repairs to facilities owned by the office of juvenile justice.

            (d) Grants to nonstate entities for the design, construction, site purchase, refurbishment, site work, and other necessary items or materials for the building, repair, or refurbishment of adult correctional and detention facilities.

            (e) Grants to parish sheriffs for the design, construction, site purchase, refurbishment, site work, and other necessary items or materials for the building, repair, or refurbishment of necessary law enforcement facilities in the custody and control of the sheriff.

            (f) The Department of Public Safety and Corrections for the design, construction, site purchase, refurbishment, site work, and other necessary items or materials for the building, repair, or refurbishment of adult correctional and detention facilities.

            (g) Grants to nonstate entities and funding for state entities for other criminal justice priorities, including but not limited to statewide or regional crime labs for repairs, construction, or equipment necessary to fully operate such entities; immediate and necessary funding to the Integrated Criminal Justice Information System Policy Board as well as to the relevant state and local public entities for the purpose of facilitating the statewide integration of data and information necessarily generated by and shared across law enforcement, court systems, and statewide databases in this state; and other criminal justice funding priorities as deemed appropriate and necessary by the commission.

            (2) The division of administration shall administer the program in consultation with relevant state agencies and other stakeholders. The division shall establish a working panel comprised of employees of the division and state and local public agencies or entities and stakeholders, as provided in the guidance promulgated pursuant to the provisions of this Section. The working panel shall review and rate applications submitted by any entity deemed eligible by the commission or otherwise eligible pursuant to the provisions of this Section and submit recommendations for funding to the commission.

            D.(1) The division shall promulgate guidance for the administration of the program. The guidance shall include application requirements; application period dates; deadlines for submissions and approval; criteria for ratings; and a process for ensuring and prioritizing funding for juvenile detention facilities in regions in this state lacking adequate resources and facilities for housing juveniles from those regions, for adult correctional and detention facilities owned and operated by one or more parish sheriffs for urgent and necessary repairs and construction that include or will facilitate rehabilitative programming, and for other criminal justice priorities that will assist in expediting the processing of evidence and the criminal trial process. The Administrative Procedure Act, R.S. 49:950 et seq., shall not apply to guidance promulgated pursuant to this Section. No later than August 1, 2024, the division shall submit the proposed guidance to the commission for review and approval. Any changes to the guidance shall require approval by the commission.

            (2) Prior to the application period, the division shall conduct outreach and educational efforts for all relevant stakeholders and local governing authorities to raise awareness regarding the program.

            (3) The division shall post on its website a copy of the guidance promulgated pursuant to this Section as well as any additional information regarding the program, including the application process, procurement, or scoring criteria upon request of the commission.

            E. In addition to the guidance provided for in Subsection D of this Section, the division shall submit a proposal outlining administrative costs for the program to the commission for review and approval prior to implementing the program. The commission shall review the proposed administrative costs and make a recommendation to the Joint Legislative Committee on the Budget for funding for administrative costs. The committee shall review the recommendations submitted by the commission and approve administrative costs for the program.

            F. Notwithstanding any provision of law to the contrary, the division may enter into consulting services, professional services, and information and technology services contracts for the purpose of the procurement of any goods or services necessary to implement and expedite the distribution of funds as emergency procurements exempt from the provisions of the Louisiana Procurement Code and corresponding rules and regulations. The cost of such contracts shall be considered administrative costs.

            G. The division shall begin accepting applications no later than September 1, 2024.

            H. Within forty-five days of the end of the application period, the division shall submit the working panel's ratings of proposed projects and recommendations for funding for the projects to the commission. The working panel's recommendations to the commission shall include recommendations for utilization of any existing funding sources known or available to an applicant.

            I. The commission shall review the ratings and recommendations submitted by the working panel. The commission shall submit its recommendations for grant awards or funding to the Joint Legislative Committee on the Budget.

            J.(1) The committee shall review the recommendations submitted by the commission and have final approval of projects that receive grant awards or funding through the program.

            (2) The commission may rescind any grant award or funding for a project if the recipient fails to comply with the guidance approved by the commission.

            K. Beginning January 1, 2025, the division shall submit a quarterly status update, including a construction progress report, for projects that received funding approval to the commission and the Joint Legislative Committee on the Budget.

            L. Each recipient that receives funding pursuant to this Section shall comply with the provisions of R.S. 24:513.

            Acts 2024, No. 587, §1, eff. June 11, 2024.