Art. 793.4.  Early intervention fund; fees collected

Terms Used In Louisiana Children's Code 793.4

  • clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Court: means any city, parish, district, or juvenile, or its judge, when exercising juvenile jurisdiction as provided for in this Code. See Louisiana Children's Code 116
  • defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Felony: means an offense that may be punished by death or by imprisonment at hard labor. See Louisiana Children's Code 116
  • Information: means a written accusation of crime  made and signed by the district attorney or the city prosecutor. See Louisiana Children's Code 116
  • law: means a statute, a constitutional provision, or an ordinance of a city or other political subdivision of the state. See Louisiana Children's Code 116
  • Misdemeanor: means an offense other than a felony, and includes the violation of an ordinance providing a penal sanction. See Louisiana Children's Code 116
  • nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

A.  In all criminal matters except for matters involving traffic violations in the parishes of East Baton Rouge, Iberia, St. Mary, and St. Martin, there shall be taxed against every defendant who is convicted after trial or after a plea of guilty or nolo contendere or who forfeits his bond, a sum in the amount of twenty-five dollars for each misdemeanor and fifty dollars for each felony, which shall be in addition to all other fines, costs, or forfeitures lawfully imposed, and which shall be transmitted to the sheriff of the respective parish for further disposition in accordance with the provisions of this Article.

B.(1)  The sheriff of the respective parish in the Sixteenth Judicial District shall deposit all sums collected or received pursuant to this Article in a separate account to be designated as the Sixteenth Judicial District Attorney Early Intervention Fund.

(2)  The sheriff of East Baton Rouge Parish shall deposit all sums collected or received pursuant to this Article in a separate account to be designated as the Nineteenth Judicial District Attorney Early Intervention Fund.

C.  The sheriff shall remit on a quarterly basis funds collected in such account to the office of the district attorney of the respective parish.

D.  The district attorney shall cause to be conducted on an annual basis an audit of the fund and the books and accounts relating thereto and shall file such audit information with the office of the legislative auditor where it shall be available for public inspection.

E.  In matters involving any court other than the district court, the clerk of court or the appropriate court personnel shall remit the money to the sheriff of the respective parish.

Acts 2004, No. 852, §1, eff. July 12, 2004; Acts 2014, No. 479, §1.