Low-level offenders can now avoid incarceration in many places by paying a fee. One official in Rapides Parish began asking who was keeping that money.
, diversion programs have been implemented with better compliance and less profiteering.
The local trial court judge who first took up the Rapides lawsuit ruled simply that the DA’s office was permitted to collect and use PTI funds as it wished—even as he expressed hesitation, calling for the state Legislature to “investigate the question of what kind of fees are reasonable.” By the time the case had reached an appellate court, both parties were suing each other over who was reasonably entitled to what money.
When the arguments were over, the judges urged the parties to settle. “Consider how this looks to the public,” one judge said, prognosticating that if no agreement were reached, the entire issue might be resolved by federal courts—which could decide to put an end PTI altogether, or at least fee-based versions.
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