§ 15:186.3 — Safe Return Representation Program; duties of the office; subject to appropriation

Louisiana § 15:186.3

• Jurisdiction: Louisiana
• Title 15: Criminal Procedure

Text

§186.3. Safe Return Representation Program; duties of the office; subject to appropriation
A.(1) Subject to appropriation and the availability of other monies to the program,
the office shall administer a program to provide qualified legal representation to indigent
children committed to the custody of the office of juvenile justice pursuant to Titles VII and
VIII of the Children's Code and promote safe return and reentry for youth in custody.
(2) Except for the regulatory authority of the Louisiana Supreme Court provided for
in Article V, Section 5 of the Constitution of Louisiana, the board and the office shall have
all regulatory authority, control, supervision, and jurisdiction, including auditing and
enforcement, and all power necessary to administer the program throughout the state.
B. In the administration of the Safe Return Program, the office shall:
(1) Regularly collect detailed data from judicial districts, where applicable, of
workload, resources, employees, and expenditures relating to representation of children in
the custody of the office of juvenile justice.
(2) Review and evaluate the operations of the program and emphasize special
training for counsel representing children in the custody of the office of juvenile justice.
(3) Review and approve an annual budget for the program.
(4) Review and approve an annual report on the operation of the program and submit
such report to the legislature, the governor, and the chief justice of the Louisiana Supreme
Court.
(5) Submit an annual report to the legislature regarding the state of the program.
Such report shall include:
(a) Recommendations for changes in the law regarding the office or any regulated
activity.
(b) A detailed explanation of all revenues and expenditures.
(c) Comprehensive workload data regarding the program.
(6) Ensure all policies, procedures, and public pronouncements of the office
recognize the role of attorneys in safeguarding fundamental rights and promoting the safety,
reintegration, and well-being of children in the custody of the office of juvenile justice.
(7) Promote accessible family preservation, medical resources, educational resources,
substance abuse treatment, vocational training, and mental health resources for children in
the custody of the office of juvenile justice.
(8) Take such actions as necessary and appropriate to secure private and state,
federal, or other public funds to help support the program.
(9) Institute or cause to be instituted legal proceedings as necessary to enforce any
of the duties or powers of the program.
(10) Train attorneys and other staff as may be necessary to carry out the functions
of the program. All attorneys representing indigent children through this program shall be
licensed to practice law in Louisiana and qualified in accordance with the standards and
guidelines adopted by rule of the board.
(11) Contract with organizations or individuals for the legal services for indigent
children in the custody of the office of juvenile justice.
(12) Administer an efficient and effective statewide program for the representation
of indigent children which safeguards their rights and facilitates timely and fair
decision-making concerning safety, reentry, reintegration, and well-being.
(13) Establish and modify a plan of organization to conduct the business of
regulating and controlling the delivery of program services. The plan of organization shall
provide for:
(a) The granting of contracts.
(b) The review of investigative and audit reports and findings.
(c) The enforcement of board rules.
(14) Develop and disseminate standards, procedures, and policies to ensure that
quality representation of indigent children in the custody of the office of juvenile justice is
provided consistently throughout the state.
(15) Prepare and submit to the Joint Legislative Committee on the Budget not later
than March first of each year an annual financial report which outlines the expenditures of
all program funds, including local, state, and federal funds, for the previous calendar year.
(16) Prepare and submit to the governor, the legislative auditor, and the legislative
fiscal officer, not later than June first of each year, an estimate of unexpended balances in
every account in the custody of the office.
(17) Develop and maintain a comprehensive information system on the revenues
received by the office and any district from local, state, and federal sources, as well as the
expenditure of any revenue, and submit a summary of the information annually to the
legislature.
(18) Assign appropriate staff to:
(a) Coordinate training and performance evaluation for attorneys representing
indigent children pursuant to this Section.
(b) Apply for and assist in the disbursement of federal funds or other grant money
to aid the statewide program, provided that such gifts, grants, and donations are not otherwise
prohibited by law or rule.
(c) Assist district public defenders in maintaining compliance with standards and
guidelines adopted by the board pursuant to this Section. The board staff shall assist the
district public defenders with implementation of standards, guidelines, supervision, policy,
and procedures to maintain compliance.
(19) Work with public and private representatives, including but not limited to
judges, social service personnel, district attorneys, and service providers to promote sound
juvenile justice policy and practice.
C. The powers and duties provided for by this Section shall be in addition to the
powers and duties provided for in R.S. 15:147 or as otherwise provided by law.

Legislative History

Acts 2016, No. 617, §2; Acts 2024, 2nd Ex. Sess., No. 22, §1, eff. March 20, 2024; Acts 2024, No. 528, §1, eff. June 10, 2024.