Could Ville Platte use criminal court fund money to pay off-duty officers for a LACE detail?

Plain-English summary

Ville Platte's police chief asked whether earlier Attorney General opinions on Local Agency Compensated Enforcement, or LACE, applied to his department. The AG said yes. It described LACE as a program using money from the R.S. 15:571.11 criminal court fund to pay off-duty officers for law enforcement services.

The opinion relied on its earlier conclusions in Opinions 04-0166 and 03-0193. It said no contrary statute, decision, or AG opinion had appeared since those opinions, and the program could be implemented by agreement among the elected police chief, city court judge, and prosecuting attorney. A footnote quoted part of R.S. 15:571.11(L)(3)'s distribution rule for city and municipal court bond-forfeiture proceeds.

Currency note

This opinion was issued in 2005. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy.

Common questions

What did LACE mean in this opinion?

Local Agency Compensated Enforcement. The AG described it as paying off-duty officers for law enforcement services with money from the criminal court fund.

Whose agreement did the opinion identify for a LACE program?

The elected police chief, city court judge, and prosecuting attorney. The AG applied its earlier opinions concerning their joint participation to Ville Platte.

Did the AG identify a later authority reversing its earlier LACE opinions?

No. It said its research found no contrary statute, jurisprudence, or AG opinion since Opinions 04-0166 and 03-0193.

Background and statutory framework

The inquiry asked whether the AG's prior LACE conclusions applied to Ville Platte. Rather than repeat their full analysis, the opinion adopted those conclusions and referenced earlier opinions approving the use of criminal court funds. Its footnote quoted the distribution of certain bond-forfeiture proceeds under R.S. 15:571.11(L)(3).

Citations

• R.S. 15:571.11 and R.S. 15:571.11(L)(3) (criminal court fund and quoted distribution provision).
• Attorney General Opinions 04-0166 and 03-0193 (earlier LACE analysis).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0243

Original opinion text

August 18, 2005
OPINION 05-0243

FEES & COSTS
Honorable Romeo J. Hargrove, III
R.S. 15:571.11
Chief of Police
The criminal court fund monies authorized by R.S.
P. O. Box 477
15:571.11(L) may be used to fund a local agency
compensated enforcement detail where the chief of police,
Ville Platte, LA 70586
city judge, and prosecuting attorney agree to implement such
a program.
Dear Chief Hargrove:

As elected chief of police of the City of Ville Platte, you have asked this office to advise you whether the similar conclusions drawn in Attorney General Opinions 04-0166 and 03-0193 are applicable to your police department.

Both opinions referenced above addressed the legality of the implementation of LACE programs by the group participation of an elected chief of police, the city court judge and the prosecuting attorney. The acronym LACE stands for Local Agency Compensated Enforcement, where monies from the criminal court fund established by R.S. 15:571.11 are used to pay off-duty officers to provide law enforcement services.1

Our research reflects that no contrary statute, jurisprudence, or opinion from this office has been issued since the release of Opinions 04-0166 and 03-0193.
Thus, we continue to adhere to the conclusions drawn in these opinions and find the reasoning expressed therein applicable to your department.

Further attached please find copies of Attorney General Opinions 88-258, 87-244A and 87-244 which approve the use of criminal court funds to fund such LACE programs. Note also there is attached a sample LACE intergovernmental agreement which may prove instructive.

1
R.S. 15:571.11(L)(3) provides, pertinently:
(3) City and municipal courts. In all city and municipal courts throughout the state of Louisiana, except in municipal and traffic courts in the city of New Orleans, where the prosecuting attorney collects on a judgment of bond forfeiture, the proceeds shall be distributed as follows: (a) Twenty-five percent of all funds collected by the prosecuting attorney shall be paid to the general operating account of the prosecuting attorney for the political subdivision where the bond was posted. (b) Twenty-five percent of all funds collected by the prosecuting attorney shall be paid to the judicial court fund of the court issuing the judgment of bond forfeiture. (c) Twenty-five percent of all funds collected by the prosecuting attorney shall be paid to the law enforcement agency of the political subdivision responsible for executing orders of the court where the judgment was rendered.

Page 2

Honorable Romeo J. Hargrove, III
OPINION 05-0243
Page 2

We hope the foregoing is helpful to you. Should you have other questions in which we may provide assistance, please contact this office.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: _______ KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL

KLK:ams

Page 3

Honorable Romeo J. Hargrove, III
OPINION 05-0243
Page 2

OPINION 05-0243

FEES & COSTS

R.S. 15:571.11

The criminal court fund monies authorized by R.S. 15:571.11(L) may be used to fund a local agency compensated enforcement detail where the chief of police, city judge, and prosecuting attorney agree to implement such a program.

Honorable Romeo J. Hargrove, III
Chief of Police
P. O. Box 477
Ville Platte, LA 70586

Date Received:
Date Released: August 18, 2005

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL