La. Rev. Stat. § 15:579 — LA Code / Code revised-statutes / Title 15 / Section 579
Rules and regulations
Status: in_force

The bureau shall issue rules and regulations, consistent with United States Department of Justice requirements, the Constitution of Louisiana, the Code of Criminal Procedure, the Children's Code, and the Louisiana Revised Statutes of 1950, governing the maintenance of privacy and security of criminal history records and records of juvenile criminal conduct; governing access to and use of records maintained by the central repository; governing restrictions to access and use by authorized agencies or individuals of any state owned or operated system of communications utilized for transmitting criminal history record information to or from the bureau; and governing the purging of any information maintained by the bureau as permitted by law. Records of juvenile criminal conduct shall not be disseminated as a criminal background check to anyone outside of the criminal justice system as defined in R.S. 15:576.

Acts 1981, No. 449, §1, eff. July 1, 1981; Acts 2017, No. 362, §3; Acts 2025, No. 364, §2.
La. Rev. Stat. § 15:1222 — LA Code / Code revised-statutes / Title 15 / Section 1222
Staffing; funding; powers; and duties of policy boards
Status: in_force

Upon approval of the criminal justice information plan by the Louisiana Criminal Justice Information System and the local governing body, each policy board shall establish an operating policy for the criminal justice information system. The policy shall specify;

(1) The staffing required for the implementation of the plan;

(2) The level of hardware and software required for the implementation of the plan;

(3) The budget required to implement said plan;

(4) Standards and techniques for the protection of the privacy, security, and confidentiality of data and recommended sanctions and penalties for the violation of the rules and regulations adopted under it. The recommended sanctions and penalties shall apply to the improper collection, storage, uses and dissemination of criminal justice information; and

(5) The operating policy of each criminal justice information system policy board shall require, prior to any implementation of said policy, the specific approval of the local governing authority. Upon approval of the policy, local governing authorities may enact ordinances in accordance with said policies to enact its provisions, and to provide penalties for the violation of privacy, security, and confidentiality provisions.

Added by Acts 1977, No. 597, §1, eff. July 19, 1977.
La. Rev. Stat. § 15:1109.14 — LA Code / Code revised-statutes / Title 15 / Section 1109.14
Board of commissioners; officers; meetings
Status: in_force

A. The board of commissioners shall elect a president, a secretary, and a treasurer, whose duties in addition to those provided by this Subpart shall be established by the board. If the board so decides, one commissioner may serve as both secretary and treasurer, but in any event, the treasurer shall furnish bond in an amount and in accordance with terms and conditions fixed by the board.

B. The board shall fix a time and place for the holding of its regular meetings and shall hold at least one regular meeting in each calendar month. Additional regular or special meetings may be held upon the call of the president or of five of the commissioners. All meetings of the board shall be held at the domicile of the board and shall be governed by the provisions of R.S. 42:11 et seq.

C. A majority of the current members of the board shall constitute a quorum. A quorum shall be required to transact business, and any action of the board shall require approval by a majority of the quorum present.

Acts 2023, No. 145, §1.
La. Rev. Stat. § 15:537 — LA Code / Code revised-statutes / Title 15 / Section 537
Sentencing of sexual offenders; serial sexual offenders
Status: in_force

A. If a person is convicted of or pleads guilty to, or where adjudication has been deferred or withheld for a violation of R.S. 14:80 (felony carnal knowledge of a juvenile), R.S. 14:81 (indecent behavior with juveniles), R.S. 14:81.1 (child sexual abuse materials), R.S. 14:81.2 (molestation of a juvenile or a person with a physical or mental disability), R.S. 14:81.3 (computer-aided solicitation of a minor), R.S. 14:89 (crime against nature), R.S. 14:89.1 (aggravated crime against nature), R.S. 14:93.5 (sexual battery of persons with infirmities), or any provision of Subpart C of Part II of Chapter 1 of Title 14 of the Louisiana Revised Statutes of 1950, and is sentenced to imprisonment for a stated number of years or months, the person shall not be eligible for diminution of sentence for good behavior.

B. The court shall sentence a person who has on two or more occasions previously pleaded guilty, nolo contendere, or has been found guilty of violating R.S. 14:42, 42.1, 43, 43.1, 43.2, 43.3, 43.4, 43.5, 80, 81, 81.1, 81.2, 89(A)(2), 89.1, or 107.1(C)(2) to life imprisonment without the benefit of parole, probation, or suspension of sentence.

Acts 1994, 3rd Ex. Sess., No. 110, §1; Acts 1999, No. 1209, §1; Acts 2001, No. 1206, §1; Acts 2003, No. 1193, §1; Acts 2008, No. 25, §1, eff. May 30, 2008; Acts 2008, No. 461, §1, eff. June 25, 2008; Acts 2008, No. 646, §2, eff. July 1, 2008; Acts 2011, No. 67, §3; Acts 2012, No. 50, §1; Acts 2014, No. 602, §5, eff. June 12, 2014; Acts 2014, No. 811, §7, eff. June 23, 2014; Acts 2025, No. 261, §2.
La. Rev. Stat. § 15:444 — LA Code / Code revised-statutes / Title 15 / Section 444
Proof of intent unnecessary in statutory crimes; inadmissible evidence
Status: in_force

If a statute has made it a crime to do a particular act, no further proof of intent is required than that accused voluntarily did the act; and any evidence that he did not know such act to be forbidden by law is inadmissible.
La. Rev. Stat. § 15:850.4 — LA Code / Code revised-statutes / Title 15 / Section 850.4
Powers and duties of commission
Status: in_force

A. The Union Parish Detention Center Commission shall be keeper of the Union Parish Detention Center, and the sheriff of Union Parish is hereby specifically relieved of that duty in his official capacity as sheriff.

B. Any other provision of law to the contrary notwithstanding, upon relinquishing the custody of any prisoner, to any legally authorized agency, department, or body politic, neither the Union Parish Detention Center nor the commission shall be responsible for the care, conduct, or control of such prisoner until his custody is returned to the Union Parish Detention Center and the commission, or the agents or employees of either. The responsibility for the care, conduct, and control of such prisoner in such cases shall be transferred to the agency, department, or body politic to which custody of the prisoner has been relinquished.

C. The Union Parish Detention Center Commission shall be responsible for the physical maintenance of the Union Parish Detention Center, and the Union Parish Police Jury is hereby specifically relieved of that duty in its official capacity as the governing authority of Union Parish.

D. The Union Parish Detention Center Commission shall have all other powers and duties of the sheriff or governing authority of a parish heretofore or hereafter provided by law for equipping, maintaining, operating, or supporting the public jail of a parish and the prisoners therein, which powers and duties include, but are not limited to the following:

(1) Adopting all rules and regulations necessary and proper for the governance and maintenance of proper operations and conduct of the Union Parish Detention Center and the prisoners thereof.

(2) Appointing and employing all necessary superintendents, corrections officers, and other appropriate personnel, and fixing their salaries and adopting appropriate personnel policies and guidelines, which shall include policies and procedures for discipline and, if necessary, termination.

(3) Authorizing and permitting the use of prisoners of the Union Parish Detention Center to maintain road rights of way, not to include construction, within the Parish of Union and remove litter on public grounds, all under the supervision of the Union Parish Police Jury or other appropriate authorities when such prisoners are committed for such purposes by appropriate courts.

(4) Creating, establishing, and conducting work release programs in accordance with law.

(5) Creating, establishing, and conducting any and all programs, including vocational, rehabilitative, and corrective, not inconsistent with law and consistent with the purposes of this Part.

E. Any construction project undertaken under the auspices of this Part shall be performed in accordance with the provisions of R.S. 38:2212.

Acts 1989, No. 539, §1.
La. Rev. Stat. § 15:185.4 — LA Code / Code revised-statutes / Title 15 / Section 185.4
Standards and guidelines for representation of indigent parents; rulemaking
Status: in_force

A. The board shall adopt all rules necessary to implement the provisions of this Part.

B. The rules shall include but not be limited to:

(1) Creating mandatory statewide standards and guidelines for the representation, including curatorship appointments, of indigent or absent parents in child abuse and neglect cases that require those services to be provided in a manner that is uniformly fair and consistent throughout the state and recognizing the unique and critical role of parents' attorneys in safeguarding fundamental rights and promoting the safety, permanency, and well-being of children in the child welfare system.

(2) Ensuring the standards and guidelines shall take into consideration all of the following:

(a) Manageable indigent or absent parent representation workloads. The office shall adopt manageable indigent or absent parent representation workloads that permit the rendering of competent representation through an empirically based case-weighting system that does not count all cases of similar case type equally but rather denotes the actual amount of attorney effort needed to bring a specific case to an appropriate disposition.

(b) Continuity of representation. The board shall adopt standards and guidelines which ensure that each district devises a plan to provide that to the extent feasible and practicable the same attorney handles a case from appointment contact through completion in all cases.

(c) Documentation of communication. The office shall adopt standards and guidelines to ensure that defense attorneys providing indigent or absent parent representation provide documentation of communications with clients to meet standards and guidelines established by the office.

(d) Performance supervision protocols. The office shall adopt standards and guidelines to ensure that all defense attorneys providing indigent or absent parent representation undergo periodic review of their work against the performance standards and guidelines in a fair and consistent manner throughout the state, including creating a uniform evaluation protocol.

(e) Performance of attorneys in all assigned indigent or absent parent representation cases or curatorship appointments. The office shall adopt general standards and guidelines that alert defense counsel to courses of action that may be necessary, advisable, or appropriate to providing competent indigent or absent parent representation or curatorship appointments, including performance standards in the nature of job descriptions.

(3) Creating mandatory qualification standards for attorneys representing indigent or absent parents in child abuse and neglect cases that ensure that those services are provided by competent counsel. Qualification standards shall include both of the following:

(a) The specific training programs that must be completed to provide representation, including curatorship appointments, to indigent or absent parents.

(b) The number of years the public defender has spent in the practice of law in good standing with the Louisiana State Bar Association.

(4) Establishing methods of evaluating and enforcing compliance with mandatory statewide standards and guidelines for representing indigent parents.

(5) Establishing methods of monitoring and evaluating compliance with the mandatory indigent or absent parent representation standards and guidelines and the performance of counsel in order to ensure competent representation of indigent parents in all courts of the state.

(6) Establishing a procedure for the review and disposition of client complaints.

(7) Establishing appropriate sanctions for failure to adhere to the mandatory standards and guidelines for the delivery of indigent or absent parent representation.

(8) Establishing a policy of selecting a proportionate number of minority and women attorneys in accordance with the makeup of the general population of the state, to the extent that minority and women attorneys are available and otherwise eligible for selection within each district in accordance with law. Any citizen of majority age shall have a cause of action to enjoin the activities of the board for failure to comply with this provision.

(9) Establishing policies and procedures for ensuring that cases are handled according to the Rules of Professional Conduct.

(10) Establishing policies and procedures for handling conflict of interest cases and overflow cases when workload standards which are established by rules of the board are breached.

(11) Establishing policies and procedures to ensure that detailed expenditure and workload data is collected, recorded, and reported to support strategic planning efforts for the system.

(12) Ensuring data collected, including workload, is collected and maintained in a uniform and timely manner throughout the state to allow the office sound data to support resource needs.

(13) Providing for minimum salary and compensation standards for attorney, investigator, paraprofessional, and any and all other staff necessary for the adequate representation, including curatorship appointments, of indigent or absent parents comparable to other positions of similar stature throughout the state.

(14) Establishing processes and procedures to ensure that when a case that is assigned presents a conflict of interest for an attorney providing indigent or absent parent representation, the conflict is identified and handled appropriately and ethically.

(15) Establishing procedures for managing workloads and assigning cases in a manner that ensures that attorneys representing indigent or absent parents are assigned cases according to experience, training, and manageable workloads and caseloads, taking into account case complexity, potential outcomes of the case, and the legal skills required to provide effective assistance of counsel.

(16) Establishing procedures to handle complaints about attorney performance and to ensure that attorneys, office personnel, and clients are aware of avenues available for bringing a complaint and that office procedures do not conflict with the supervisory jurisdiction of the Louisiana Supreme Court and pursuant to the court's inherent authority provided for in Article V, Section 5 of the Constitution of Louisiana.

C. All rules shall be adopted pursuant to the provisions of the Administrative Procedure Act and shall be subject to legislative oversight by the House Committee on Health and Welfare and the Senate Committee on Health and Welfare.

Acts 2007, No. 95, §2; Acts 2016, No. 407, §2, eff. June 5, 2016; Acts 2024, 2 nd Ex. Sess., No. 22, §1, eff. March 20, 2024.
La. Rev. Stat. § 15:574.4.1 — LA Code / Code revised-statutes / Title 15 / Section 574.4.1
Parole consideration and hearings
Status: in_force

A.(1)(a) The parole hearings shall be conducted in a formal manner in accordance with the rules formulated by the committee and with the provisions of this Part. Before the parole of any prisoner is ordered, the prisoner shall appear before and be interviewed by the committee, except those incarcerated in parish prisons or parish correctional centers, in which case one committee member may conduct the interview. The committee may order a reconsideration of the case or a rehearing at any time. The committee shall, to the extent feasible, schedule subsequent parole hearings in the order in which the applications are filed.

(b) Notwithstanding any other provision of law to the contrary, beginning on August 1, 2024, except as provided in Subparagraph (c) of this Paragraph, the committee shall not consider a parole rehearing of any prisoner who is serving a sentence for any crime of violence as defined in R.S. 14:2(B) or sex offense as defined in R.S. 15:541 until at least five years after the denial of parole.

(c) Notwithstanding any other provision of law to the contrary, beginning on August 1, 2024, the committee shall not consider a parole rehearing of any prisoner who is serving a sentence for a first offense crime of violence, as defined in R.S. 14:2(B), that is not first degree murder, second degree murder, first degree rape, second degree rape, third degree rape, or crime against nature pursuant to R.S. 14:89(A)(2) until at least three years after the denial of parole.

(2) Persons wishing to provide testimony may appear before the committee on parole by means of teleconference or telephone communication.

(3) The victim, or the spouse or next of kin of a deceased victim, shall be allowed to present testimony in executive session at his request.

B. The committee shall render its decision ordering or denying the release of the prisoner on parole within thirty days after the hearing. A parole shall be ordered only for the best interest of society, not as an award of clemency, and upon determination by the committee that there is reasonable probability that the prisoner is able and willing to fulfill the obligations of a law-abiding citizen so that he can be released without detriment to the community or to himself.

C. All paroles shall issue upon order of the committee and each order of parole shall recite the conditions thereof; provided, however, that before any prisoner is released on parole he shall be provided with a certificate of parole that enumerates the conditions of parole. These conditions shall be explained to the prisoner and the prisoner shall agree in writing to such conditions.

D.(1) Except as provided in Paragraph (2) or (3) of this Subsection, the release date of the prisoner shall be set forth by the committee, but the release date shall be subject to modification, alteration, or rescission for any reason deemed appropriate or necessary by the committee at any time prior to the prisoner's signing of the certificate of parole and actual release from custody onto parole supervision.

(2) If the committee on parole determines that it is necessary for the prisoner to complete one or more rehabilitative programs prior to his release to ensure public safety and enhance the prisoner's opportunity for success, the release date of the prisoner may be extended to no later than nine months after the parole hearing or the most recent reconsideration of the prisoner's case.

(3) When granting parole of a prisoner who was sentenced as a habitual offender pursuant to R.S. 15:529.1, if the committee on parole determines that it is necessary for the prisoner to participate in a work release program established pursuant to R.S. 15:1111, the release date of the prisoner may be extended to no later than one year after the parole hearing or the most recent reconsideration of the prisoner's case.

E. Notwithstanding any other provision of law to the contrary, the committee on parole shall have the authority and sole discretion to rescind, modify, reconsider, or otherwise alter any prior decision granting parole release, for any reason deemed appropriate by the committee before an offender's actual release from custody onto parole supervision. No offender shall have or acquire any right to parole release based upon any initial decision of the committee on parole before the offender's actual release from custody onto parole supervision.

Acts 2008, No. 266, §2; Acts 2008, No. 337, §1; Acts 2009, No. 168, §2; Acts 2009, No. 182, §2; Acts 2010, No. 241, §§1 and 2; Acts 2012, No. 714, §8; Acts 2017, No. 70, §1; Acts 2017, No. 280, §3, eff. Nov. 1, 2017; Acts 2019, No. 369, §2; Acts 2020, 2 nd Ex. Sess., No. 6, §1, eff. Oct. 20, 2020; Acts 2022, No. 726, §1; Acts 2024, 2 nd Ex. Sess., No. 11, §1; Acts 2025, No. 128, §2.
La. Rev. Stat. § 15:1228.5 — LA Code / Code revised-statutes / Title 15 / Section 1228.5
Officers; meetings
Status: in_force

The organization of the policy board shall be as follows:

(1) The chairman of the policy board shall be the representative of the Supreme Court of Louisiana as designated by the chief justice. The vice chairman shall be designated by the governor from the membership of the policy board. The chairman shall serve as the chief executive officer of the policy board.

(2) The domicile of the policy board shall be East Baton Rouge Parish. The policy board shall hold public meetings quarterly, except as otherwise provided by vote of the policy board or by order of the chairman. A meeting of the policy board shall be called at any time upon the request of one-half of the members. Two-thirds of the members shall constitute a quorum for the transaction of business. All policy board decisions must be concurred by two-thirds of the members present.

(3) Proxies for any member of the policy board may attend any meeting of the board, but shall not vote.

(4) The Louisiana Commission on Law Enforcement and Administration of Criminal Justice shall provide to the policy board such clerical, professional, or technical staff as the policy board may require in the performance of its duties. The policy board, with the concurrence of the chief executive officer of the agency involved, may require additional personnel or technical assistance on a temporary basis from any unit of the executive branch of state government.

Acts 1999, No. 864, §1.
La. Rev. Stat. § 15:31.1 — LA Code / Code revised-statutes / Title 15 / Section 31.1
Antique slot machines
Status: in_force

A. For the purposes of this Section, a slot machine is an antique if at least twenty-five years have elapsed since it was manufactured.

B. Notwithstanding any provisions of Section 31 of this Title, or R.S. 14:90.1, or any other provisions of law to the contrary, an antique slot machine may be owned and possessed in this state and shall not be subject to confiscation or destruction without a judgment of court as provided in this Section, but may be seized as evidence when operated for unlawful gambling purposes.

C. An antique slot machine, antique gambling device, or antique gaming machine seized as evidence in connection with unlawful gambling shall not be destroyed, altered, or sold until the owner has been afforded a reasonable opportunity to present testimony and other evidence in court that his antique slot machine was not operated for unlawful gambling, and until the court determines by a final and definitive judgment that such slot machine was operated for unlawful gambling, in which event the court shall order the destruction of the slot machine. Otherwise, if the judgment is in favor of the owner, such antique slot machine shall be returned to its owner.

D. An antique slot machine may be owned, possessed, used, and operated in this state under the following conditions:

(1) Within a private dwelling, an antique slot machine may be owned, possessed, used, and operated, provided the operation of the machine is for the purpose of fostering esthetic interest, and the use of the machine does not subject a person to loss of money or property on the element of chance of winning money or property as a result.

(2) An antique slot machine may be offered for sale except at a place licensed to sell alcoholic beverages. When a machine is offered for sale it may be operated and used, provided a prospective buyer is not subjected to loss of money or property on the element of chance of winning money or property as a result.

(3) An antique slot machine, as an item of historic interest, may be presented for public viewing and inspection at any place, provided it is sealed and locked such that it is rendered inoperable and all openings for coin deposits and payouts are blocked.

E. It is the purpose of this Section to protect and foster the collection and restoration of antique slot machines not used for gambling purposes, due to their esthetic value and importance in Louisiana history.

Added by Acts 1981, No. 738, §1, eff. July 23, 1981. Amended by Acts 1982, No. 214, §1; Acts 1990, No. 987, §1.
La. Rev. Stat. § 15:1402 — LA Code / Code revised-statutes / Title 15 / Section 1402
Legislative findings and declaration
Status: in_force

A. The legislature hereby finds and declares that it is the right of every person, regardless of race, color, creed, religion, national origin, sex, age, or disability, to be secure and protected from fear, intimidation, and physical harm caused by the activities of violent groups and individuals. It is not the intent of this Chapter to interfere with the constitutional exercise of the protected rights of freedom of expression and association. The legislature hereby recognizes the right of every citizen to harbor and constitutionally express beliefs on any lawful subject whatsoever, to associate lawfully with others who share similar beliefs, to petition lawfully constituted authority for a redress of perceived grievances, and to participate in the electoral process.

B. The legislature further finds that the state of Louisiana is in a state of crisis, which has been caused by violent street gangs whose members threaten, terrorize, and commit a multitude of crimes against the peaceful citizens of their neighborhoods. These activities, both individually and collectively, present a clear and present danger to public order and safety and are not constitutionally protected. The legislature finds that there are many criminal street gangs and gang members operating in Louisiana, and that the number of gang-related crimes is increasing. It is the intent of the legislature in enacting this Chapter to seek the eradication of criminal activity by street gangs by focusing upon patterns of criminal gang activity and upon the organized nature of street gangs, which together are the chief source of terror created by street gangs. The legislature also finds that an effective means of punishing and deterring the criminal activities of street gangs is through the elimination of the availability to criminal street gangs of premises, often referred to as crack houses, which are used almost exclusively for the commission of a pattern of criminal gang activity to the detriment of the law-abiding citizens of our state.

Acts 1990, No. 230, §1; Acts 2014, No. 811, §7, eff. June 23, 2014.
La. Rev. Stat. § 15:1093 — LA Code / Code revised-statutes / Title 15 / Section 1093
Juvenile detention centers; special court costs
Status: in_force

A. The district court in any parish which is also contained within the jurisdiction of any juvenile detention center may levy special costs in the amount of fifty dollars against every defendant who is convicted of a felony after trial or who enters a plea of guilty or nolo contendere or forfeits bond, excluding traffic offenses and misdemeanors.

B. However, in lieu of imposing such special costs, the court may direct that a like amount be deducted from any fine imposed prior to disposition of the fine in accordance with law. In either event, any amounts so collected shall be remitted, by the tenth of the month following the month in which collected, by the proper officer of the court to the juvenile detention center in the parish in which the court resides to be used for the expenses of its operations as provided by law. Such costs shall be in addition to any otherwise imposed by law.

Acts 1990, No. 546, §1.
La. Rev. Stat. § 15:865 — LA Code / Code revised-statutes / Title 15 / Section 865
Solitary confinement abolished
Status: in_force

A. Except as provided in Subsections B and C of this Section, no prisoner in the state penitentiary shall be placed in solitary confinement, except in enforcing obedience to the police regulations of the penitentiary.

B. Notwithstanding Subsection A of this Section and except as provided in Subsection C of this Section, no prisoner in any penal or correctional institution who is pregnant, or is less than eight weeks post medical release following a pregnancy, or is caring for a child in a penal or correctional institution shall be placed in solitary confinement.

C. The provisions of this Section prohibiting the placement of prisoners in solitary confinement do not apply under either of the following circumstances:

(1) The prisoner has engaged in an act of violence while incarcerated that either resulted in or was likely to result in serious bodily injury or death to another.

(2) There is reasonable cause to believe that the use of solitary confinement is necessary to reduce a substantial risk of imminent serious bodily injury or death to another, as evidenced by the prisoner's recent conduct while incarcerated.

D. Any prisoner in a penal or correctional institution who is placed into solitary confinement shall be provided access to all educational training and materials or religious materials he would otherwise have access to in the least restrictive housing available at the institution unless the governing authority of the penal or correctional institution, or its designee, determines any of the following:

(1) Access to educational training and materials or religious materials presents a security risk.

(2) Access to educational training and materials or religious materials is not feasible due to the nature of the program, training, or materials.

(3) Circumstances exist pertaining to the reason for the prisoner's placement in solitary confinement that are incongruous with access to educational training and materials or religious materials.

E. For the purposes of this Section, "educational training" means any program offered at that penal or correctional institution, including but not limited to career and technical education, special education, high school equivalency preparation, literacy, adult basic education, developmental studies, higher education degree programs, and any other programs that are or will be offered.

Amended by Acts 2020, No. 140, §1; Acts 2025, No. 278, §1.
La. Rev. Stat. § 15:1421 — LA Code / Code revised-statutes / Title 15 / Section 1421
Short title
Status: in_force

This Chapter may be cited as the "Juvenile Delinquency and Gang Prevention Act of 1993".

Acts 1993, No. 461, §1.
La. Rev. Stat. § 15:561.2 — LA Code / Code revised-statutes / Title 15 / Section 561.2
Supervised release upon expiration of sentence
Status: in_force

A. A person convicted on or after August 15, 2006, of a sex offense as defined in R.S. 15:541 when the victim is under the age of thirteen years shall be placed upon supervised release as provided for by this Chapter whenever he is released from the custody of the Department of Public Safety and Corrections upon expiration of his sentence.

B. Any person placed on supervised release pursuant to the provisions of this Section shall be on supervised release for life from the date of release from incarceration. Notwithstanding any other provision of law to the contrary, any person who was placed upon supervised release pursuant to the provisions of this Section, may petition the sentencing court for a termination of the supervision.

Acts 2006, No. 242, §1; Acts 2008, No. 672, §2; Acts 2009, No. 205, §1.
La. Rev. Stat. § 15:1094.7 — LA Code / Code revised-statutes / Title 15 / Section 1094.7
Funding for the commission; criminal court costs
Status: in_force

A. In the parishes of Livingston, St. Helena, St. Tammany, Tangipahoa, and Washington, in all felony and misdemeanor prosecutions, including traffic offenses, under state law or parish or municipal ordinance, in any district, parish, city, or mayor's court, special costs in an amount not to exceed five dollars shall be levied against every defendant who is convicted after trial, enters a plea of guilty or nolo contendere, or forfeits bond. However, in lieu of imposing the special costs, the court may direct that a like amount be deducted from any fine imposed prior to disposition of the fine in accordance with other laws, but in either event any amounts so collected shall be remitted, by the tenth of the month following the month in which collected, by the proper officer of the court to the board of the Florida Parishes Juvenile Justice Commission to be used for the expenses of its operations as provided in this Subpart.

B. In the parishes of Livingston, St. Helena, St. Tammany, Tangipahoa, and Washington, in all courts exercising juvenile jurisdiction, special costs in an amount not to exceed five dollars shall be levied against every juvenile who is found to have committed a traffic violation, under state law or parish or municipal ordinance, and special costs in an amount not to exceed twenty-five dollars shall be levied against every juvenile who is adjudicated a delinquent. All or part of the costs may be suspended, but any amounts thereof collected shall be remitted, by the tenth of the month following the month in which collected, by the proper officer of the court in which the matter was heard to the board of the Florida Parishes Juvenile Justice Commission to be used for the expenses of its operations in this Subpart.

Acts 1989, No. 148, §1.
La. Rev. Stat. § 15:1199.6 — LA Code / Code revised-statutes / Title 15 / Section 1199.6
Adoption of regulations
Status: in_force

A.(1) The secretary, with the advice of the council, shall adopt regulations necessary to implement the provisions of this Part.

(2) In order to efficiently implement the provisions of this Part, if the secretary has previously adopted rules or regulations which can be used to satisfy the requirements of this Part, then the secretary shall not be required to adopt new or duplicative rules or regulations. The secretary, with the advice of the council, may designate previously adopted rules or regulations as sufficient to implement the provisions of this Part.

B. The regulations shall include but not be limited to:

(1) Guidelines and criteria for eligibility to participate in the program.

(2) Guidelines and criteria for continued participation and successful completion of the program.

(3) Guidelines for proper documentation and certification or licensing for work specialities upon completion of the program.

(4) Guidelines for transportation to and from work projects.

(5) Guidelines for the supervision, custody, and control of inmates participating in the program.

(6) Guidelines for establishing necessary security and safety provisions regarding participation in the program.

(7) Guidelines for the establishment and maintenance of inmate compensation and savings accounts for participating in the program.

(8) Procedures and guidelines for monitoring the program, including annual on-site audits.

(9) Qualifications and training of staff.

(10) Guidelines for the workforce development work release program for graduates of the inmate rehabilitation and workforce development program.

(11) Guidelines for determining inmate selection for particular crafts in accordance with this Part.

(12) Criteria for the selection and authorization of educational institutions, training facilities, and employers to provide intensive training programs necessary for proper certification and licensing of skilled craftsmen.

(13) Criteria for the selection and authorization of service providers to provide substance abuse treatment and counseling or halfway housing to inmates who participate in the program.

(14) Guidelines for the administration of mandatory and random drug testing for controlled dangerous substances in accordance with this Part.

(15) Guidelines for removal from the program.

C. A copy of any regulation adopted to implement the provisions of this Part shall be submitted to the House Committee on the Administration of Criminal Justice and the Senate Committee on Judiciary B.

Acts 2008, No. 106, §1, eff. June 6, 2008; Acts 2009, No. 266, §1.
La. Rev. Stat. § 15:1109.21 — LA Code / Code revised-statutes / Title 15 / Section 1109.21
Renaissance district; creation; jurisdiction
Status: in_force

A renaissance district is hereby created in any parish having a population of more than one hundred twenty-nine thousand and less than one hundred thirty-two thousand persons according to the most recent federal decennial census, which shall be a political subdivision of the state.

Acts 2024, No. 767, §1.
La. Rev. Stat. § 15:934 — LA Code / Code revised-statutes / Title 15 / Section 934
Detention centers
Status: in_force

A. All facilities that detain juveniles pursuant to Title VII or Title VIII of the Louisiana Children's Code shall collect and maintain data on each child detained. This data shall be retained permanently by the facility and shall be made available for inspection during normal business hours by any court exercising juvenile court jurisdiction, by the Department of Children and Family Services, and by persons collecting aggregate statistical information.

B. The data collected and maintained shall include but not be limited to the following information for each child:

(1) Name.

(2) Unique identification number assigned for the purposes of analyzing and reporting de-identified data.

(3) Date of birth.

(4) Gender.

(5) Race and ethnicity.

(6) Address.

(7) Reason for detention, including if applicable the most serious alleged offense for which the child is being detained.

(8) The date and time of the child's entry into and exit from the juvenile detention center.

(9) Authority for confinement.

(10) The name of the officer and the law enforcement agency employing the officer responsible for transporting the child to the juvenile detention center.

(11) Whether the alleged offense occurred in a school, place of business, the child's home, or other location and the name of the school if the offense is alleged to have occurred in a school.

(12) Whether the referral source was a law enforcement agency, a school, a family member, or other, including the name of the school or law enforcement agency if the referring source was a school or law enforcement agency.

(13) The child's score on a detention screening tool or risk assessment, if applicable.

(14) The reason for detention if the child's detention screening tool or risk assessment score does not mandate detention.

(15) The reason for detention, which may include but not be limited to pre-adjudication detention, detention while awaiting a post-disposition placement, or serving a short-term program disposition.

(16) Date of and authority for release or transfer.

(17) Name of person to whom the child was released or the location where the child was transferred.

Acts 2016, No. 499, §1.
La. Rev. Stat. § 15:1109.15 — LA Code / Code revised-statutes / Title 15 / Section 1109.15
Board; general authority
Status: in_force

A.(1) The board may purchase or otherwise acquire, construct, reconstruct, rehabilitate, improve, repair, operate, lease as lessor or lessee, manage, and administer the management, administration, and operation of a juvenile detention facility or facilities, shelter care facility or facilities, or such other juvenile justice facilities as are useful, necessary, expedient, or convenient to carry out the plans and purposes of the commission and provide for the orderly conduct of its business. All employees shall be employed directly by the commission.

(2) Such facilities may include but are not limited to office facilities, parking facilities, diagnostic facilities, dormitories, and other residential facilities for delinquent, neglected, or abused children or children in need of care or supervision, as well as for employees, patrons, visitors, and relatives of children who may enter the juvenile justice system or who are in need of care or supervision. In addition, the commission may lease, purchase, or acquire by donation or otherwise any property, immovable or movable, corporeal or incorporeal, from any person, firm, or corporation, including the state and its agencies and political subdivisions.

(3) The diagnostic facilities, dormitories, and other residential facilities may also be used to operate post-adjudication programming, including treatment and rehabilitation.

B. The board may also authorize and approve, upon such terms as it may deem advisable, contracts of employment for a superintendent or administrator and other necessary personnel and contracts for legal, financial, engineering, and other professional services necessary or expedient for the conduct of its affairs. The superintendent or administrator shall be employed directly by the commission.

Acts 2023, No. 145, §1; Acts 2025, No. 435, §1
La. Rev. Stat. § 15:1199.10 — LA Code / Code revised-statutes / Title 15 / Section 1199.10
Workforce development work release for participants and graduates of the program administered by the sheriff
Status: in_force

A. The sheriff of each parish, and in Orleans Parish, the criminal sheriff, is hereby authorized to enter into a cooperative endeavor with the department to administer a workforce development work release program for inmates sentenced to the department who are confined in any jail or prison in his jurisdiction. In the event that the inmate is confined to a parish correctional facility not operated by the sheriff, the administrator of the correctional facility is hereby authorized to enter into a cooperative endeavor with the department to administer a workforce development work release program for inmates sentenced to the department who are confined to a correctional facility in his jurisdiction, and "sheriff" as used herein shall also mean administrator of the correctional facility where the inmate is confined.

B.(1) Inmates sentenced to the department and housed in other facilities as provided for in Subsection A of this Section shall be eligible to participate in workforce development work release pursuant to R.S. 15:1199.12 or a workforce development work release program administered by the sheriff provided the participant produces documentation to support having certification or licensure as a skilled craftsman or has graduated from the workforce development training program and obtained the proper certification or licensing as a skilled craftsman, or is participating in the workforce development training program and is working toward licensing or certification as a skilled craftsman.

(2) Eligibility for participation in workforce development work release as provided by this Section shall be determined by the provisions of this Part and any rules adopted by the department.

(3) Each sheriff may establish additional written rules for the administration of the workforce development work release program administered by his office.

C. The sheriff may enter into contracts with educational institutions, training facilities, and employers to provide the intensive training programs necessary for proper certification or licensing as a skilled craftsman as authorized by the provisions of this Part.

D. Every inmate with workforce development work release privileges shall be liable for the cost of his room, clothing, and other necessary expenses of his employment or placement unless other means of payment are approved by the department.

E. The wages of any inmate so employed shall be collected by the sheriff or his designated agent and shall be deposited in a public banking institution, and a ledger showing the financial status of each inmate shall be kept.

F. The wages of each inmate shall be disbursed by the sheriff for the following purposes and in the order stated:

(1) The expenses of the board of the inmate including food and clothing.

(2) Necessary travel expenses to and from work and other incidental expenses of the inmate.

(3) Any tuition, books, or other costs associated with the program which are required to be paid by participants in the program.

(4) Any necessary fees for the examination for certification or licensing in a craft.

(5) Any certification or licensing fees required to become a skilled craftsman.

(6) Any court-ordered child support owed by the inmate. The support may be paid in installments approved by the department.

(7) Any court-ordered restitution, or restitution owed to the department, or any other obligations acknowledged by the inmate in writing, or which have been reduced to judgment. The obligations may be paid in installments approved by the department.

(8) Any drug testing as required by the provisions of this Part.

(9) The balance, if any, to the inmate upon his discharge.

G. The wages of an inmate so employed shall not be less than the customary wages for an employee performing similar services.

H. Deductions for expenses listed in Subsection F of this Section resulting from participation in a workforce development work release program authorized by this Section shall not exceed seventy-five percent of the wages received by an inmate.

Acts 2008, No. 106, §1, eff. June 6, 2008; Acts 2009, No. 266, §1; Acts 2010, No. 836, §1.
La. Rev. Stat. § 15:833.1 — LA Code / Code revised-statutes / Title 15 / Section 833.1
Community resource centers; participation; conditions
Status: in_force

A. The secretary of the Department of Public Safety and Corrections is hereby authorized to establish community resource centers to provide housing for inmates to remediate the damage done following a natural disaster or emergency. In implementing disaster remediation activities by inmates the secretary shall maximize the use of inmate labor to augment governmental personnel and community volunteers conducting remediation activities during the period immediately after such disaster and assure that inmate labor does not replace an existing employee, work on a project or job involved in a labor dispute, or supplant post disaster remediation activities that may otherwise be performed under contract by private sector firms employed by an affected individual or governmental entity.

B. Notwithstanding any other provisions of law to the contrary, every eligible inmate in the custody of the Department of Public Safety and Corrections who has been convicted of a felony, except an inmate prohibited from participation as provided for in Subsection D of this Section, may be assigned to perform labor related to cleanup and rebuilding following a natural disaster, emergency or other catastrophe if all of the following conditions are met:

(1) The governor has declared a disaster or emergency in the parish where the work will be conducted pursuant to executive order or proclamation pursuant to the provisions of the Louisiana Homeland Security and Emergency Assistance and Disaster Act.

(2) The inmate is not excluded from eligibility for participation pursuant to the provisions of Subsection D and pursuant to rules and regulations promulgated by the secretary.

(3) The secretary has approved the participation of the inmate in implementing disaster remediation activities.

C. Participation in a community resource center shall be granted under the rules, regulations and procedures prescribed and promulgated by the secretary of the Department of Public Safety and Corrections. The rules shall be adopted pursuant to the provisions of the Administrative Procedure Act.

D. An inmate in the custody of the Department of Public Safety and Corrections shall not be eligible to participate in the community resource centers if the inmate has been convicted of a crime defined or enumerated as a crime of violence in R.S. 14:2(B) or the inmate has been convicted of a sex offense as defined in R.S. 15:541.

E. Inmates participating in the community resource center shall be eligible to earn a maximum of thirty days earned credits toward the reduction of the projected good time parole supervision date in addition to that otherwise authorized by law for every thirty days of service in this program.

F. The provisions of this Section shall be subject to appropriation by the legislature or the availability of any appropriate federal funds.

Acts 2006, No. 104, §1; Acts 2011, No. 186, §3.
La. Rev. Stat. § 15:611 — LA Code / Code revised-statutes / Title 15 / Section 611
Procedures for conduct, disposition, and use of DNA analysis
Status: in_force

A. The state police shall prescribe procedures to be used in the collection, submission, identification, analysis, storage, and disposition of DNA samples and typing results of DNA samples submitted pursuant to this Chapter. The DNA sample typing results shall be stored in the state DNA data base and records of testing shall be retained on file with the state police.

B. The state police may contract with third parties to effectuate the purposes of this Chapter.

C. Except as otherwise provided in R.S. 15:612(C), the tests to be performed on each DNA sample shall be used only for law enforcement identification purposes or to assist in the recovery or identification of human remains from disasters or for other humanitarian identification purposes, including identification of missing persons.

D. Any other party contracting to carry out the functions of this Chapter shall be subject to the same restrictions and requirements of this Chapter, insofar as applicable, as apply to the state police, and subject to any additional restrictions imposed by the state police.

Acts 1997, No. 737, §1, eff. Sept. 1, 1999; H.C.R. No. 40, 1999 R.S., eff. June 21, 1999.
La. Rev. Stat. § 15:1228 — LA Code / Code revised-statutes / Title 15 / Section 1228
Integrated Criminal Justice Information System Policy Board
Status: in_force

The Integrated Criminal Justice Information System Policy Board, hereinafter known as "policy board", is established under the jurisdiction of the Louisiana Commission on Law Enforcement and Administration of Criminal Justice, office of the governor.

Acts 1999, No. 864, §1.
La. Rev. Stat. § 15:522 — LA Code / Code revised-statutes / Title 15 / Section 522
Admissibility
Status: in_force

In all criminal cases and in all cases in juvenile or family courts which are of a criminal nature, and in civil forfeiture proceedings arising from criminal activity, the courts of this state shall receive as evidence any certificate made in accordance with R.S. 15:521 subject to the conditions contained in this Section and R.S. 15:523. The certificate shall be received in evidence as prima facie proof of the facts shown thereon.

Acts 2003, No. 631, §1.
La. Rev. Stat. § 15:571.3.1 — LA Code / Code revised-statutes / Title 15 / Section 571.3.1
Eligibility and applicability of diminution of sentence for crimes committed on or after August 1, 2024
Status: in_force

A. No person who commits an offense on or after August 1, 2024, shall be eligible to earn nor be entitled to any diminution of sentence, hereinafter known as "good time", except as provided in this Section.

B. Every offender in a parish prison or in custody of the Department of Public Safety and Corrections who has been convicted of a felony and sentenced to imprisonment, with or without hard labor, may earn diminution of sentence for good behavior up to a maximum amount of fifteen percent of the particular sentence imposed. The provisions of this Subsection shall not apply to any person who has been convicted of a sex offense as defined in R.S. 15:541 or to any person who has been sentenced as a habitual offender under the Habitual Offender Law as set forth in R.S. 15:529.1.

C. Every offender in a parish prison or in custody of the Department of Public Safety and Corrections who has been convicted of a felony and sentenced to imprisonment, with or without hard labor, may earn an additional diminution of sentence as provided in R.S. 15:828. The provisions of this Subsection shall not apply to any person who has been convicted of a sex offense as defined in R.S. 15:541.

D. There shall be no diminution of sentence or good time credit earned or eligible to be earned on time served pursuant to Code of Criminal Procedure Article 880.

E. Any diminution of sentence or good time earned under this Section shall be subject to forfeiture as provided in R.S. 15:571.4.

F.(1) Except as provided in Paragraph (2) of this Subsection, any offender released because of diminution of sentence earned pursuant to this Section shall be released subject to the provisions of R.S. 15:571.5. The remainder of the original full term of sentence shall be served as if on unsupervised parole for any offender released pursuant to this Subsection unless his parole is revoked as provided in R.S. 15:571.5(C).

(2) An offender who has received a split sentence shall, upon release from incarceration, immediately begin serving the probationary period imposed. Any term of unsupervised parole shall be served concurrently with the probationary period.

(3) If an offender is convicted for an offense that is committed while on unsupervised parole, the amount of good time earned or credits toward the reduction of the projected good time parole supervision date earned on that portion of his sentence prior to the conviction shall be served consecutively with the sentence imposed for the offense.

G. The secretary of the Department of Public Safety and Corrections shall have sole power and authority to determine when good time has been earned and when diminution of sentence may be allowed in accordance with the provisions of this Section.

H. The secretary of the Department of Public Safety and Corrections shall promulgate rules and regulations to govern the adoption of the provisions of this Section as it relates to the earning of diminution of sentence, the method and specifics for earning good time, and further defining the terms utilized in this Section. The rules shall be adopted in accordance with the Administrative Procedure Act.

I. For the purposes of this Section, "split sentence" shall mean an imposition of incarceration or commitment of an offender to a correctional facility of which a portion is suspended as allowed by law, inclusive of a period of probation.

Acts 2024, 2 nd Ex. Sess., No. 7, §1; Acts 2025, No. 158, §1, eff. June 8, 2025.
La. Rev. Stat. § 15:1199.25 — LA Code / Code revised-statutes / Title 15 / Section 1199.25
Mentor program for Veterans Court probation program; job assistance
Status: in_force

While participating in the Post-Conviction Veterans Mentor Program, the offender shall serve, upon written approval of the presiding judge, as a mentor in the Veterans Court probation program in the parish of the transitional work release program in which the offender is housed.

Acts 2018, No. 273, §1; Acts 2020, No. 228, §1.
La. Rev. Stat. § 15:1199.14 — LA Code / Code revised-statutes / Title 15 / Section 1199.14
Substance abuse treatment and counseling
Status: in_force

A. The department may enter into cooperative endeavors or contracts with the Louisiana Department of Health, educational institutions, training facilities, and service providers to provide for substance abuse treatment and counseling for inmates participating in the program.

B. The department shall determine the amount of substance abuse treatment and counseling that inmates who participate in the program shall receive.

Acts 2008, No. 106, §1, eff. June 6, 2008; Acts 2010, No. 836, §1.
La. Rev. Stat. § 15:571.48 — LA Code / Code revised-statutes / Title 15 / Section 571.48
Successful completion: effects
Status: in_force

Upon successful completion of the job intervention program and its terms and conditions, the judge, after receiving a recommendation from the district attorney, may vacate the judgment of conviction and dismiss the criminal proceedings against the probationer or may discharge the defendant from probation in accordance with the provisions of Code of Criminal Procedure Article 894.

Acts 2003, No. 803, §1, eff. July 1, 2003.
La. Rev. Stat. § 15:307 — LA Code / Code revised-statutes / Title 15 / Section 307
Ignition interlock devices; installation and certification
Status: in_force

A. As used in R.S. 15:306, "ignition interlock device" means a constant monitoring device that prevents a motor vehicle from being started at any time without first determining the equivalent blood alcohol level of the operator through the taking of a breath sample for testing. The system shall be calibrated so that the motor vehicle may not be started if the blood alcohol level of the operator, as measured by the test, reaches a level established by the court and consistent with the rules promulgated by the secretary of the Department of Public Safety and Corrections, hereafter referred to as the "secretary".

B.(1) The secretary shall certify or cause to be certified ignition interlock devices required by R.S. 15:306 and shall publish a list of approved devices. All reasonable costs of certification shall be borne by the manufacturer. The manufacturer of the system shall be responsible for the installation or the training of installers and shall educate users and service and maintain the system.

(2) The ignition interlock device shall be installed, calibrated, and monitored directly by trained technicians who shall train the offender for whom the device is being installed in the proper use of the device.

C. The secretary shall formulate and promulgate a set of rules and regulations for the proper approval, installation, and use of ignition interlock devices in full compliance with this Section and R.S. 15:306. The standards shall include but not be limited to requirements that the devices or systems:

(1) Do not impede the safe operation of the vehicle.

(2) Correlate with established measures of alcohol impairment.

(3) Work accurately and reliably in an unsupervised environment.

(4) Resist tampering and give evidence if tampering is attempted.

(5) Are difficult to circumvent.

(6) Minimize inconvenience to a sober user.

(7) Require a proper, deep lung breath sample or other accurate measure of blood alcohol content equivalence.

(8) Operate reliably over the range of automobile environments.

(9) Are manufactured by a party who will provide product liability insurance and a bond against malfunction of the device.

D. The secretary may adopt in whole or relevant part the guidelines, rules, regulations, studies, or independent laboratory tests performed or relied upon by other states, their agencies or commissions.

E. The secretary shall design and adopt by regulation a warning label which shall be affixed to each ignition interlock device upon installation. The label shall contain a warning that any person tampering with, defeating, or otherwise circumventing the device is guilty of a criminal offense and subject to criminal penalty and civil liability.

Acts 1992, No. 982, §1, eff. Jan. 1, 1993; Acts 2003, No. 800, §1.
La. Rev. Stat. § 15:875 — LA Code / Code revised-statutes / Title 15 / Section 875
Imposition of restitution on offenders; procedures
Status: in_force

A.(1) Restitution may be obtained by the Department of Public Safety and Corrections from an offender who damages or destroys property, steals property that is not recovered or is damaged, causes or attempts to cause injury to himself, civilians, other offenders, or department personnel, or who has a pattern of falsely alleging injury or illness with the result that medical expenses are incurred.

(2) The amount of restitution shall be the actual costs, or any portion thereof, of repairing or replacing the property or of the medical expenses incurred for treatment of the offender or the injured party and the amount of wages the injured party lost as a result of the injury caused by the offender.

B.(1) Restitution may be obtained by corrections services from an offender for expenses incurred by the department or any other law enforcement agency in any escape or attempt to escape from the legal custody of a law enforcement officer, the Department of Public Safety and Corrections, or from any place the offender is legally confined.

(2) The amount of restitution shall be the actual costs incurred, including but not limited to property damage, staff transportation and lodging, salaries for the duration of the chase, and costs of return of the inmate.

(3) The provisions of this Subsection shall be applicable to all penal, correctional, community rehabilitation centers, transitional work programs, hospitals, clinics, and any and all programs where offenders are legally assigned.

C.(1) Restitution may be obtained by corrections services from an offender for the cost of drug testing when the results of the test are positive.

(2) The amount of restitution shall be for the actual cost of the drug testing.

D. The determination of restitution by the department shall be by disciplinary proceeding in accordance with the rules and regulations of the department. The department may promulgate and adopt, in accordance with the Administrative Procedure Act, specific rules and regulations governing the determination of restitution. The department shall not obtain restitution from an offender who appeals the findings of a determination proceeding until after the exhaustion of his remedies. The department shall render a report every calendar year to the division of administration detailing the amount withdrawn from each drawing or savings account, the purpose for which each withdrawal was made and the recipient, if any, of any funds so withdrawn for the payment of any expenses, other than to the department.

E. The amount of restitution may be obtained from an offender by freezing assets in his drawing and savings account and prohibiting withdrawals therefrom until the restitution is paid, whether from these accounts or from any other source by any other appropriate means. The accounts may be frozen regardless of the source of the assets contained therein and specifically including any assets of a juvenile sent to him by his parent or guardian and placed in his accounts. This Subsection shall not prohibit the withdrawal of funds for the purpose of payments under the Crime Victims Reparations Act, court costs as authorized by law, and other withdrawals specifically authorized by the warden or by the superintendent if the warden is unavailable, in that order.

F. The restitution collected from an offender under this Section shall be used to defray the expenses of his property damage or destruction, including repairing or replacing stolen property either not recovered or damaged, his medical expenses, his escape or attempted escape, or his drug testing.

G. Any offender who is transferred to another facility within or discharged from the department shall remain liable for any restitution authorized under this Section.

H. "Offender" means an adult or juvenile offender committed to the Department of Public Safety and Corrections at the time the property damage or destruction was sustained, or the medical expenses or escape costs were incurred.

I. This Section shall not be construed to prohibit or limit the imposition of any other disciplinary measures upon an offender as a result of his actions.

Acts 1986, No. 343, §1; Acts 1987, No. 159, §1; Acts 1993, No. 103, §1; Acts 1993, No. 685, §1; Acts 1994, 3rd Ex. Sess., No. 87, §1; Acts 1995, No. 793, §1; Acts 2012, No. 117, §1.
La. Rev. Stat. § 15:1133 — LA Code / Code revised-statutes / Title 15 / Section 1133
Sentence to community rehabilitation centers
Status: in_force

A. Notwithstanding any provision of law to the contrary, a court may order that an offender sentenced to not more than five years without hard labor be placed in a community rehabilitation center under terms and conditions established by the court, provided such placement receives the consent of the offender and the administrators in charge of the center. Upon the written request of the administrators of a community rehabilitation center, the court shall order that an offender placed pursuant to this Subsection be removed, and shall issue such other orders regarding the custody of the offender as are appropriate under the original sentence.

B.(1) Notwithstanding any law to the contrary, a court may recommend that an offender sentenced to imprisonment at hard labor in the custody of the Department of Public Safety and Corrections be placed in a community rehabilitation center. Upon such a recommendation, the secretary of the Department of Public Safety and Corrections or his designee may place the offender in a community rehabilitation center provided the following conditions are met:

(a) The placement is recommended in a presentence investigation report.

(b) The offender agrees to the placement.

(c) The sentence to imprisonment at hard labor is for five years or less.

(d) The offender has never been convicted of a sex-related offense.

(e) The offender has not exhibited and his record does not reveal an habitual or compulsive use of violence against persons.

(f) The secretary or his designee concludes, based upon evaluation conducted by the department, that the offender is likely to respond affirmatively to placement in a community rehabilitation center.

(2) Any offender placed in a community rehabilitation center pursuant to the provisions of this Subsection may be removed from the center and placed in a Department of Public Safety and Corrections facility at the discretion of the secretary or his designee.

C. The provisions of this Section shall not be applicable to a defendant who was convicted of any violation of R.S. 14:98.

Acts 1970, No. 441, §1; Acts 1988, No. 610, §1, eff. Jan. 1, 1989; Acts 1989, 1st Ex. Sess., No. 11, §1, eff. Mar. 13, 1989.
La. Rev. Stat. § 15:587.8 — LA Code / Code revised-statutes / Title 15 / Section 587.8
Access to criminal history system for victims of domestic abuse, victims of human trafficking, victims of dating violence, and victims of sexual assault.
Status: in_force

A. In order to protect the integrity and the security of the family court and civil court system and in order to obtain evidence in furtherance of Code of Evidence Article 412.5, a licensed attorney who is counsel of record in a case involving a victim of domestic abuse, human trafficking, dating violence, or sexual assault shall be allowed to access state criminal history records on a certain individual who is a party or a witness in the civil cases in which the attorney is counsel of record.

B. For purposes of this Section, the following definitions shall apply:

(1) "Attorney" means an attorney who is licensed by the Louisiana State Bar Association and who is the counsel of record in a civil case as defined in Paragraph (3) of this Subsection.

(2) "Bureau" means the Louisiana Bureau of Criminal Identification and Information located within the Department of Public Safety and Corrections, public safety services, office of state police.

(3) "Civil case" means a case filed in family court or other court of competent jurisdiction where civil cases are heard related to allegations of domestic abuse, dating violence, family violence, violence against a child, violence against a spouse, sexual assault, or human trafficking, including but not limited to all of the following:

(a) A civil case for an injunction or protective order sought pursuant to R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2131 et seq., R.S. 46:2151, R.S. 46:2161 et seq., R.S. 46:2171 et seq., or R.S. 46:2181 et seq., Children's Code Article 1564 et seq., or Code of Civil Procedure Articles 3604 or 3607.1.

(b) A civil case whereby evidence is admissible, pursuant to Code of Evidence Article 412.5, related to acts of domestic abuse as defined in R.S. 46:2132, family violence as defined in R.S. 9:362, dating violence as defined in R.S. 46:2151, or sexual abuse as defined in R.S. 9:362.

(c) A civil case to obtain recovery and damages for a victim of human trafficking, pursuant to 18 U.S.C. 1595, or any other civil proceeding involving the victims of human trafficking.

(d) A civil case filed pursuant to Title V of Book I of the Civil Code.

(4) "Criminal history records" means the state criminal history records maintained by the bureau.

(5) "Individual" means a person who is a party to or a witness in a civil case provided for in Paragraph (3) of this Subsection.

(6) "Pro se litigant" is a party representing himself.

(7) "Witness" means a person who is not a party to the case but who may be awarded custody or visitation of the child or who has had contact or may have future contact with the child, the alleged victim, or the alleged perpetrator of domestic abuse, human trafficking, dating violence, or sexual assault.

C.(1) An attorney, or his licensed investigator who is assigned to the case and who is subject to the provisions of R.S. 15:587(A)(1)(c), may submit a request for a criminal history records check to be conducted by the sheriff related to a case in which the attorney is counsel of record in a civil case. The attorney, or his licensed investigator, shall submit identifying information related to the individual to the sheriff including the full legal name, date of birth, or any other identifying information that the attorney may possess.

(2)(a) In addition to the individual's identifying information, the attorney shall submit in his letter of request to the sheriff all of the following information related to the case:

(i) The name and the Louisiana State Bar Association bar roll number of the attorney making the request.

(ii) The name of the case, the suit number, and the judicial district of the court for which the attorney is making the request.

(b) If the attorney or his licensed investigator wilfully or intentionally misrepresents the civil case information required in this Paragraph, the attorney or his licensed investigator shall be subject to criminal prosecution for filing false public records pursuant to R.S. 14:133.

D.(1) In order to ensure equal protection under the law, a pro se litigant may obtain the same information that an attorney may obtain in Subsection C of this Section so long as the pro se litigant obtains an ex parte court order from the judge assigned to the civil case, in which the pro se litigant is a party, authorizing the pro se litigant to obtain criminal history information on an individual. The pro se litigant may then submit the judge's order for a request for a criminal history records check to be conducted by the sheriff related to the civil case in which the pro se litigant is a party to the civil case. The pro se litigant shall submit identifying information related to the individual to the sheriff including the full legal name, date of birth, and any other identifying information that the pro se litigant may possess.

(2) In addition to the individual's identifying information, the pro se litigant shall submit in his letter the name of the case, the suit number, and the judicial district of the court for which the pro se litigant is making the request along with the judge's order.

(3) If the pro se litigant wilfully or intentionally misrepresents the civil case information required in Subparagraph (C)(2)(a) of this Section, the pro se litigant shall be subject to criminal prosecution for filing false public records pursuant to R.S. 14:133.

E. When a criminal history records check is requested by an attorney, a licensed investigator, or a pro se litigant pursuant to this Section, the sheriff shall provide the attorney, the licensed investigator, or the pro se litigant with the state criminal history record information of the individual subject to the inquiry.

F. State criminal history records checks, obtained pursuant to this Section, are to be used by the attorney or pro se litigant in conjunction with the civil case to which the information is sought and may be disclosed only to the court or opposing counsel or in court proceedings related to the civil case.

G.(1) The cost of providing the information required under this Section shall be charged by the sheriff to the requesting person as that amount is specified in R.S. 15:587(D).

(2) When the sheriff performs the criminal history records check pursuant to this Section, he shall enter the code "D" in the question space concerning the purpose of the inquiry so that the bureau may record the nature of the inquiry for auditing purposes.

H. The attorney, licensed investigator, pro se litigant, and any other person with access to the information shall maintain the confidentiality of the state criminal history information and shall use the information only for those purposes provided for in this Section.

I. No person shall maintain a cause of action for liability against the state, the sheriff, any political subdivision of the state, or any agency, officer, deputy, or employee of the state, the sheriff, or a political subdivision for providing the information requested in accordance with this Section.

Acts 2019, No. 259, §1, eff. June 11, 2019.
La. Rev. Stat. § 15:573.1 — LA Code / Code revised-statutes / Title 15 / Section 573.1
Prohibited contact with Board of Pardons; penalties; public record
Status: in_force

A. Notwithstanding the provisions of R.S. 15:574.12, or any other provision of law to the contrary, no person shall contact or communicate with the Board of Pardons or any of its members urging pardon, clemency, or commutation of sentence, or otherwise regarding any inmate except in the following ways:

(1) In an open hearing as provided in this Part.

(2) By written letter addressed to the Board of Pardons.

B. Any communication with the Board of Pardons urging pardon, clemency, or commutation of sentence, or otherwise regarding an inmate as provided in Paragraph A(2) of this Section shall be deemed a public record and subject to public inspection as provided by the provisions of R.S. 44:1 et seq.

C. Any member of the Board of Pardons improperly contacted by an individual shall immediately notify the individual in writing accompanied by a copy of this Section of law that such contact is illegal and inappropriate, cease the inappropriate communication with the individual, and report the contact to the other board members.

D. Any person who violates the provisions of this Section after being informed of the inappropriate contact as provided in Subsection C of this Section shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.

E. This Section does not apply to any letter written by, or on behalf of, any victim of a crime committed by the inmate under consideration for pardon, clemency, or commutation of sentence, or any letter written in opposition to pardon, clemency, or commutation of sentence. The exception provided by this Subsection shall not apply to any elected or appointed public official.

F. The Board of Pardons shall adopt rules and regulations to provide for uniform notification procedures pursuant to Subsection C of this Section, and a method of documenting which persons have received such notification.

Acts 1997, No. 821, §1.
La. Rev. Stat. § 15:1105.5 — LA Code / Code revised-statutes / Title 15 / Section 1105.5
Board; domicile; power to levy taxes, incur debt, issue bonds
Status: in_force

A. The board of commissioners shall be domiciled in Grant Parish and shall have the power to sue and be sued. In the exercise of its powers to control, administer, and manage the affairs of the authority, the board may incur debt and issue bonds, and it may levy taxes in the manner provided in this Subpart and pursuant to Article VI, Sections 30 and 32 of the Constitution of Louisiana or any other constitutional or statutory authority. The board generally may perform any function and exercise any power necessary, requisite, or proper for the administration and management of the affairs of the commission, and it specifically may cooperate with juvenile courts and other courts and public agencies within the eight-parish area and aid and assist them in all ways authorized by law to carry out the purposes and responsibilities for which it is established.

B. In addition to the general powers conferred herein, in order to obtain the necessary funds to carry out its purposes, duties, and responsibilities, and in order to acquire, construct, maintain, and operate a juvenile facility or facilities and related services and programs throughout the territorial jurisdiction of the Central Louisiana Juvenile Detention Center Authority, the commission may incur debt and issue general obligation bonds within the limitations prescribed by Article VI, Section 33 of the Constitution of Louisiana and other applicable constitutional or statutory authority, but only when authorized by a majority of the electors in the eight-parish area who vote thereon in an election held for that purpose in accordance with laws governing such elections.

Acts 1997, No. 1445, §1, eff. July 15, 1997.
La. Rev. Stat. § 15:911 — LA Code / Code revised-statutes / Title 15 / Section 911
Administration of medication; definitions; conditions; restrictions
Status: in_force

A. As used in this Section:

(1) "Administer" or "administration" means the giving of either an oral, pre-measured dose inhalant or topical ointment medication to a patient.

(2) "Detention facility" means any juvenile detention facility, shelter care facility, or other juvenile detention facility.

(3) "Medication" means any prescription or nonprescription drug.

B. No employee other than a registered nurse, licensed practical nurse, or licensed medical physician shall be required to administer medication to a child at a detention facility until all the following conditions have been met:

(1) The Department of Public Safety and Corrections and the Louisiana State Board of Nursing have jointly promulgated rules which specifically establish the procedure to be followed for the administration of medication at each detention facility and which at a minimum provide that:

(a) No medication shall be administered to any child without an order from a person with prescriptive authority in the state of Louisiana or an adjacent state.

(b) No medication shall be administered to any child unless it is provided to the detention facility in a container that meets acceptable pharmaceutical standards.

(c) The medication container shall contain clear instructions identifying the child's name, RX number if any, date, frequency, name of the medication, dosage, route, and the name of the person who prescribed the medication.

(2) At least two employees assigned to each facility have received not less than six hours of training in the administration of medication, including general and child-specific training, from a registered nurse, a licensed medical physician, or both.

(3) A registered nurse or licensed medical physician approved by the department has assessed the health status of the specific child and has determined that, according to the legal standards of the respective licensed health professional when performing such procedure, the administration of medication can be safely performed by and delegated to someone who has received documented training with documented competence other than a licensed health professional.

(4) A registered nurse or a licensed medical physician approved by the department has reviewed the authorized prescriber's order and has determined that the administration of medication can be safely performed by and delegated to someone who has received documented training with documented competence other than a licensed health professional.

C. Individuals who are required to administer medication and have been trained according to the provisions of this Section may not decline to perform such service at the time indicated, except as exempted for reasons as noted in writing by the licensed medical physician or the registered nurse. The reasons for such exemptions shall be documented and certified by the licensed medical physician or the registered nurse within seventy-two hours of the request for the exemption.

D. Any employee shall have the right to request that another employee be present while he is administering the medication to a child to serve as a witness. After making such a request, the employee shall not be required to administer the medicine without such a witness.

E. In the absence of the training program as provided in this Section, no detention facility shall require any employee assigned to the facility other than a registered nurse or licensed medical physician to administer medication.

F. Notwithstanding any provision of law to the contrary, nothing shall prohibit the application of an injectable medication in a life-threatening situation by an employee of a juvenile detention facility who is trained in the administration of injectable medication.

Acts 2001, No. 502, §1.
La. Rev. Stat. § 15:166 — LA Code / Code revised-statutes / Title 15 / Section 166
Disbursement of funds
Status: in_force

A. The office shall not disburse funds to a nongovernmental entity unless it establishes a benefit to the function of the office pursuant to law, and unless services are actually delivered. Under no circumstances shall the office disburse state funds for the purpose of savings, reserves, or other purposes related primarily to the economic health of the nongovernmental entity or its owners and employees.

B. Any service which the office seeks shall be subject to an application process by which the office provides objective deliverables and allows the district defenders to make application upon the same terms as a nongovernmental entity to provide services in that district or a regional area for services as provided by law.

C. No provision of Louisiana law authorizing the return or rollback of funds from governmental programs to the division of administration shall apply to the office account during an emergency shortfall in funding as certified by the office with the approval of the chief justice of the Louisiana Supreme Court.

Acts 2016, No. 571, §1; Acts 2024, 2 nd Ex. Sess., No. 22, §1, eff. March 20, 2024.
La. Rev. Stat. § 15:147 — LA Code / Code revised-statutes / Title 15 / Section 147
Powers; duties; responsibilities
Status: in_force

A. Except for the inherent regulatory authority of the Louisiana Supreme Court provided for in Article V, Section 5 of the Constitution of Louisiana regarding the regulation of the practice of law, the office shall have all regulatory authority, control, supervision, and jurisdiction, including auditing and enforcement, and all power incidental or necessary to such regulatory authority, control, supervision, and jurisdiction over all aspects of the delivery of public defender services throughout the courts of the state of Louisiana.

B. In addition to the powers and duties provided for in Subsection A of this Section, the office shall:

(1) Employ an executive staff as necessary to carry out the duties of the office and regularly evaluate the performance of the executive staff.

(2) Adopt all rules necessary to implement the provisions of this Part as provided in R.S. 15:148 and in accordance with the Administrative Procedure Act.

(3) Develop and implement the strategic plan and approve budget proposals necessary for the implementation of this Part for coordinating and providing services. The office shall review and approve budget proposals submitted by the district public defenders on behalf of their districts, considering variations in public defense practices, past practices and procedures, and conditions unique to each district in evaluating the strategic plan and budget proposals on the district level.

(4) Make an annual report to the legislature regarding the state of the office's operations and the status of public defender services it regulates. Such report shall include at a minimum:

(a) Recommendations for all needed changes in the law regarding the office or any regulated activity.

(b) A complete report on the receipt and expenditure of all funds received by the office, including district level data.

(c) Comprehensive workload data.

(5)(a) Establish, and modify as necessary, a plan of organization to conduct the business of regulating and controlling the delivery of public defender services under its jurisdiction efficiently and thoroughly.

(b) The plan of organization shall provide for the capacity to:

(i) Administer the granting of contracts.

(ii) Analyze and review investigative and audit reports and findings.

(iii) Provide for enforcement of office rules as is necessary to the efficient and thorough regulation and governance of public defender services under its jurisdiction.

(6) Incur such expenses and obligations, within the fiscal limits available to the office, as are necessary to the efficient and thorough regulation and governance of the delivery of public defender services under its jurisdiction and establish and maintain an accounting system which complies with law.

(7) Approve, prior to its presentation to the legislature and again after appropriation prior to allocation, the budget for the office.

(8) Issue a written response to any formal request from the governor and the legislature or any committee thereof.

(9) Appear before any committee of the legislature upon request of the president of the Senate, the speaker of the House, or the chairman of any legislative committee.

(10) Review any proposal to create permanent staff positions and approve if deemed appropriate.

(11) Prepare and submit to the Joint Legislative Committee on the Budget on or before March first of each year an annual financial report which outlines the expenditures of local, state, and federal funds for the previous calendar year for review by the Joint Legislative Committee on the Budget.

(12) Draft, administer, and furnish reporting forms to the district public defender, which request detailed information of the district's workload, resources, employees, and expenditures for the previous fiscal year based on the uniform definition of a "case" as defined in R.S. 15:174(C).

(13) Collect, prepare, and submit an annual report to the legislative auditor.

(14) Administer the DNA Testing Post-Conviction Relief for Indigents Fund as required under the provisions of Code of Criminal Procedure Article 926.1.

(15) Allocate funding to the public defenders, contract programs, and other entities as necessary for the implementation of this Part.

(16) Adopt rules for the establishment of salary ranges for attorneys and support staff delivering public defender services, taking into consideration variations in public defense practices and procedures in rural, urban, and suburban districts as well as professional experience.

(17) Supervise the activities of staff and apply reasonable controls for the supervision of spending, accounting, and discretionary grants. The office shall seek the assistance of the legislative auditor or an internal auditor to ensure that staff discretion is subject to supervision consistent with the Louisiana Local Government Budget Act, R.S. 39:1301 et seq. The office's supervision shall include reviewing details regarding expert witness funds or other case-specific grants, including the confidential work product of attorneys in litigation, compensation, and records supporting fees of experts and others, and analysis of the efficiency and effectiveness of programs. The attorney-client privilege and confidentiality that applies to counsel in cases shall apply to all staff for the review of case details.

(18) Adopt reasonable procedures in compliance with the Louisiana Rules of Professional Conduct for the review and preservation of confidentiality of privileged materials during and after litigation, including impressions of counsel, strategy of litigation, and results of expert work and opinion.

(19) Adopt procedures necessary to protect strategic choices and confidential work product of the office when the office considers important matters of spending. However, the amounts and general purposes shall remain public record of the office's decisionmaking process.

(20) Enter into a contract or contracts with the University of Louisiana at Monroe for the purpose of providing certain statewide training to attorneys, investigators, social workers, and staff.

C. The office may:

(1) Enter into a contract or contracts, on such terms and conditions as it deems advisable, with one or more attorneys licensed to practice law in this state, a consortia of lawyers, or an independent public defender organization qualified with the United States Internal Revenue Service for an exemption from federal income tax under Section 501(c) of the Internal Revenue Code to provide counsel for indigent defendants. The provisions of this Paragraph are subject to the intent of the Louisiana Public Defender Act that district public defender programs shall continue operating within the method of delivery of services in effect prior to April 30, 2007, and the office is prohibited from using its power to contract to change the structure of a local program, delivery method, or to terminate personnel without cause in violation of R.S. 15:165(C).

(2) Establish advisory councils from among Louisiana residents to provide information and guidance regarding needs and concerns of particular localities. Such councils may be established at such times, for such duration, and under such circumstances as the office deems appropriate.

(3) Accept, receive, and use public or private grants, gifts, or donations, provided that such gifts, grants, and donations are not otherwise prohibited by law or rule.

(4) Employ secretarial, clerical, and other such personnel as may be necessary in the operation of the business of the office and fix their compensation.

(5) Enter into contracts in accordance with law for the purpose of maintaining and operating an office, or offices, and performing the functions authorized by law. The provisions of this Paragraph are subject to the intent of the Louisiana Public Defender Act that district public defender programs shall continue operating within the method of delivery of services in effect prior to April 30, 2007.

D.(1) Prior to entering into any contract as authorized by Subsection C of this Section, the office shall provide public notice that a contract is under consideration by the office and shall provide an opportunity for the public to offer comment regarding the contract at a public hearing conducted for that purpose.

(2) The notice shall include the name of the individual attorneys, a consortium of lawyers, or an independent public defender organization qualified with the United States Internal Revenue Service for an exemption from federal income tax under Section 501(c) of the Internal Revenue Code to provide counsel for indigent defendants; the amount of compensation to be paid; and the nature of the contracted services.

(3) The office shall conduct a public hearing regarding any contract authorized by Subsection C of this Section and provide the public an opportunity to offer comment on the contract.

E. The executive staff, secretarial, clerical, and other personnel directly employed in the operations of the office shall be state employees. All other personnel employed or who serve under contract in a district office shall not be state employees. The Joint Legislative Committee on the Budget may approve other employees hired pursuant to the Louisiana Public Defender Act as state employees upon recommendation of the office.

Added by Acts 1976, No. 653, §1; Acts 1986, No. 94, §1, eff. June 23, 1986; Acts 1994, 3rd Ex. Sess., No. 105, §1; Acts 1997, No. 1361, §1, eff. Dec. 31, 1997; Acts 2003, No. 288, §1; Acts 2005, No. 343, §1; Acts 2007, No. 307, §1; Acts 2008, No. 2, §1, eff. May 24, 2008; Acts 2008, No. 220, §6, eff. June 14, 2008; Acts 2013, No. 175, §1, eff. June 7, 2013; Acts 2017, No. 195, §1; Acts 2022, No. 237, §1, eff. July 1, 2022; Acts 2024, 2 nd Ex. Sess., No. 22, §1, eff. March 20, 2024.
La. Rev. Stat. § 15:561 — LA Code / Code revised-statutes / Title 15 / Section 561
Legislative findings
Status: in_force

A. The Legislature of Louisiana has long recognized the need to protect our most innocent and defenseless citizens from sex offenders, sexually violent predators, and child predators and has enacted statutory provisions to provide some of the strictest criminal penalties for the commission of sex offenses, and one of the most extensive sex offender registration and notification provisions in the United States.

B. The legislature finds that sex offenders, sexually violent predators, and child predators often pose a high risk of engaging in sex offenses and crimes against victims who are minors even after being released from incarceration or commitment and that the protection of the public from sex offenders, sexually violent predators, and child predators is of paramount governmental interest.

C. In consideration of the potential high rate of recidivism and the harm which can be done to the most defenseless members of the public by sex offenders, sexually violent predators, and child predators, the state has a compelling interest in ensuring compliance with the provisions of law regarding sex offender registration and notification to protect the public from harm as those offenders are released from incarceration and are returned to their communities.

D. It is, therefore, the policy of this state to assist local law enforcement agencies' efforts to protect the citizens of this state by facilitating compliance with the requirements of registration and notification for sex offenders and sexually violent predators and to ensure that compliance by requiring sex offenders to be placed upon supervised release following release from incarceration.

Acts 2006, No. 242, §1.
La. Rev. Stat. § 15:433 — LA Code / Code revised-statutes / Title 15 / Section 433
Conclusive presumption defined; illustration
Status: in_force

A conclusive presumption is one against which no proof can be admitted, such as the presumption that attaches to res adjudicata, to the recitals contained in legislative acts and to the official journals of legislative proceedings.
La. Rev. Stat. § 15:779 — LA Code / Code revised-statutes / Title 15 / Section 779
Other arrangements unaffected
Status: in_force

Nothing contained in this compact shall be construed to abrogate or impair an agreement or other arrangement which a party state may have with a nonparty state for the confinement, rehabilitation, or treatment of inmates, nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.

Acts 2018, No. 440, §1.
La. Rev. Stat. § 15:1109.25 — LA Code / Code revised-statutes / Title 15 / Section 1109.25
Board; general authority
Status: in_force

A. The board may purchase or otherwise acquire, construct, reconstruct, rehabilitate, improve, repair, operate, lease as lessor or lessee, manage, and administer or enter into contracts for the management, administration, and operation of a juvenile detention facility or facilities, shelter-care facility or facilities, or other juvenile justice facilities as are useful, necessary, expedient, or convenient to carry out the plans and purposes of the commission and for the orderly conduct of its business. These facilities may include but are not limited to office facilities, parking facilities, diagnostic facilities, dormitories, and other residential facilities for delinquent, neglected, or abused children or children in need of care or supervision, or in need of services as provided by law as well as for employees, patrons, visitors, and relatives of children who may enter the juvenile justice system or who are in need of care or supervision or services. In addition, the commission may lease, purchase, or acquire by donation or otherwise any property, immovable or movable, tangible or intangible, from any person, firm, or corporation, including the state and its agencies and political subdivisions.

B. The board may authorize and approve, upon such terms as it may deem advisable, contracts of employment for a superintendent or administrator and other necessary personnel and contracts for legal, financial, engineering, and other professional services necessary or expedient for the conduct of its affairs.

Acts 2024, No. 767, §1.
La. Rev. Stat. § 15:1094.3 — LA Code / Code revised-statutes / Title 15 / Section 1094.3
Board of commissioners; officers; meetings
Status: in_force

A. The board of commissioners shall elect a president, a secretary, and a treasurer, whose duties in addition to those provided by this Subpart shall be established by the board. If the board so decides, one commissioner may serve as both secretary and treasurer, but in any event the treasurer shall furnish bond in an amount and in accordance with terms and conditions fixed by the board.

B. The board shall fix a time and place for the holding of its regular meetings and shall hold at least one regular meeting in each calendar month. Additional regular or special meetings may be held upon the call of the president or of three of the commissioners. All meetings of the board shall be held at the domicile of the board and shall be governed by the provisions of R.S. 42:11 et seq.

C. A majority of the current members of the board shall constitute a quorum. A quorum shall be required to transact business and all actions and resolutions of the board must be approved by a majority of the quorum present.

Acts 1986, No. 495, §1, eff. July 2, 1986.
La. Rev. Stat. § 15:623 — LA Code / Code revised-statutes / Title 15 / Section 623
Submission of sexual assault collection kits
Status: in_force

A. Within thirty days of receiving a sexual assault collection kit for a reported case, the criminal justice agency shall submit the sexual assault collection kit to a forensic laboratory for testing.

B. If a prosecuting agency makes an official request for analysis of a sexual assault collection kit, the criminal justice agency shall submit the sexual assault collection kit to a forensic laboratory within thirty days of receiving the request from the prosecuting agency.

Acts 2015, No. 229, §2, eff. June 23, 2015; Acts 2023, No. 193, §1.
La. Rev. Stat. § 15:1106.3 — LA Code / Code revised-statutes / Title 15 / Section 1106.3
Board of directors; officers; meetings
Status: in_force

A. The board of directors shall elect a chairman, a vice chairman, a secretary, and a treasurer, whose duties in addition to those provided by this Subpart shall be established by the board. If the board so decides, one director may serve as both secretary and treasurer, but in any event the treasurer shall furnish bond in an amount and in accordance with terms and conditions fixed by the board. The board may also elect an executive committee, composed of not more than five members, and establish its duties and responsibilities.

B. The board shall fix a time and place for the holding of its regular meetings. Additional regular or special meetings may be held upon the call of the chairman or of three of the directors. All meetings of the board shall be held at the domicile of the board and shall be governed by the provisions of R.S. 42:11 et seq. The board shall hold at least one regular meeting in each calendar month; however, the board may meet less frequently but not less than once each calendar quarter if it establishes an executive committee and requires it to hold regular meetings at least once in each calendar month.

C. A majority of the current members of the board shall constitute a quorum. A quorum shall be required to transact business and all actions and resolutions of the board must be approved by a majority of the quorum present.

Acts 1997, No. 1445, §2, eff. July 15, 1997.
La. Rev. Stat. § 15:802 — LA Code / Code revised-statutes / Title 15 / Section 802
Title of multiparish prison
Status: in_force

The multiparish prisons shall be known by the name of the parish in which the prison is domiciled, i.e., Ouachita Area Multiparish Prison.

Amended by Acts 1970, No. 461, §1.
La. Rev. Stat. § 15:1209 — LA Code / Code revised-statutes / Title 15 / Section 1209
Law enforcement planning district agencies
Status: in_force

A. The planning agencies for the planning districts shall be those heretofore or hereafter recognized as such by the governor.

B. The law enforcement planning district agency staff shall consist of a district program director and such other administrative and clerical personnel whose services are required on a full-time basis in the accomplishment of law enforcement planning and administrative functions.

C. The district planning agencies shall have all of the functions of the state planning agency that are applicable within their respective districts as may be approved by the State Law Enforcement Planning Agency.

Added by Acts 1976, No. 592, §1. Amended by Acts 1980, No. 753, §1, eff. July 31, 1980.
La. Rev. Stat. § 15:848 — LA Code / Code revised-statutes / Title 15 / Section 848
Establishment; purpose and title
Status: in_force

The governing authority of Lincoln Parish may create, establish, and construct a centralized, single-parish jail and prison for the purpose of providing for the maintenance and upkeep of all persons lawfully incarcerated in Lincoln Parish. If created, established, and constructed, under this Part, this jail and prison shall be known as the Lincoln Parish Detention Center. No other provision of this Part shall be effective and/or operative unless and until the Lincoln Parish Detention Center is created and established by the Lincoln Parish Police Jury under this Part.

Added by Acts 1982, No. 569, §1.
La. Rev. Stat. § 15:1109.6 — LA Code / Code revised-statutes / Title 15 / Section 1109.6
Use of facilities
Status: in_force

The facility shall be used for the temporary detention of children under the age of eighteen years and for individuals eighteen years of age and older who were under eighteen years of age when they committed an alleged offense from the parishes within the district while awaiting trial or other disposition of their cases, runaways from parishes within the district, those awaiting transfer to the Department of Public Safety and Corrections or the office of juvenile justice, and any other purpose or use provided in R.S. 15:1109.2 or any other constitutional or statutory law. The facility may also be used to operate post-adjudication programming, including treatment and rehabilitation. Subject to the approval of the commission, juveniles from parishes outside of the district may be accepted for housing and care in accordance with rules and regulations adopted by the board and pursuant to a participation agreement between the district and the governing authority of the participating parishes, but only upon agreement of the participating parish to pay the charges established for the sublease of space in the facility and for the care and maintenance of each such juvenile.

Acts 2023, No. 166, §1, eff. June 7, 2023.
La. Rev. Stat. § 15:849.6 — LA Code / Code revised-statutes / Title 15 / Section 849.6
Personnel
Status: in_force

A. The day-to-day operations of the department shall be conducted by a superintendent, corrections officers, and any other appropriate personnel, subject to the supervision and control of the commission.

B. The superintendent and all corrections officers may make arrests of any persons lawfully committed to the department when they have escaped, either from their custody or the custody of others, or when they have committed other criminal acts while incarcerated or while at large. This power and authority to arrest shall also extend to persons who aid or abet or otherwise interfere with the arrest of a prisoner of the department or who commit criminal acts while on or around the department or any of its facilities.

C. Department personnel shall have the authority to carry weapons. The superintendent shall have the authority, with approval of the commission, to establish guidelines for the limitation of carrying of weapons by department personnel.

Acts 1984, No. 821, §1, eff. July 13, 1984.
La. Rev. Stat. § 15:1154 — LA Code / Code revised-statutes / Title 15 / Section 1154
Administration
Status: in_force

A. The secretary shall administer the provisions of this Part.

B. The Prison Enterprises Board shall advise the secretary on all aspects of the administration of this Part.

C. The secretary shall administer the provisions of this Part in a manner which will insure the best long-range utilization of the resources of the department.

D. In the administration of the forest lands under the control of the department, no trees shall be cut or planted except in accordance with best management practices determined after consultation with the Louisiana State University School of Forestry or a professional timber management consultant.

E. The secretary shall develop the budgets and the plans of operation for the prison enterprises for the various institutions with the advice of the board and with the concurrence of one of the following as determined by the secretary, the undersecretary, the assistant secretary, or the chief of operations. At the secretary's discretion, the undersecretary, the assistant secretary, or the chief of operations shall consult with the warden of each institution under his jurisdiction concerning proposed prison enterprises at the institutions. The warden at each institution shall have the necessary authority and budgetary responsibility with respect to his respective institution to implement and execute the prison enterprises and for achieving the quantitative and qualitative production goals established by the secretary within the resources provided to each warden.

Added by Acts 1983, 1st Ex. Sess., No. 59, §1, eff. Feb. 7, 1983; Acts 2007, No. 289, §1.

{{NOTE: SEE ACTS 1983, NO. 691, REGARDING THE PRISON ENTERPRISES FUND.}}
La. Rev. Stat. § 15:642 — LA Code / Code revised-statutes / Title 15 / Section 642
Definitions
Status: in_force

For the purposes of this Chapter, the following words have the following meanings ascribed to them:

(1) "Bureau" means the Louisiana Bureau of Criminal Identification and Information as established in Chapter 6 of this Title.

(2) "Offense against a peace officer" means any of the following:

(a) Disarming of a peace officer.

(b) Aggravated assault upon a peace officer.

(c) Any of the following criminal offenses when the peace officer is engaged in the performance of his lawful duties, or when the specific intent to commit the offense is directly related to the victim's status as a peace officer:

(i) Solicitation for murder.

(ii) First degree murder.

(iii) Second degree murder.

(iv) Manslaughter.

(v) Aggravated battery.

(vi) Second degree battery.

(vii) Aggravated second degree battery.

(viii) Second degree kidnapping.

(ix) Simple kidnapping.

(x) Extortion.

(xi) Assault by drive-by shooting.

(xii) Illegal use of weapons or dangerous instrumentalities.

(xiii) Terrorism.

(xiv) Aggravated assault with a firearm.

(d) Any offense under the laws of another state, or under any military, territorial, foreign, tribal, or federal law, that is equivalent to an offense provided for in this Paragraph.

(3) "Peace officer" means any peace officer, as defined in R.S. 40:2402, and includes any constable, marshal, deputy marshal, sheriff, deputy sheriff, commissioned police officer, commissioned wildlife enforcement agent, and federal law enforcement officer.

(4) "Terrorism offense" includes the crime of terrorism as defined by R.S. 14:128.1, the crime of aiding others in terrorism as defined by R.S. 14:128.2, and any offense under the laws of another state, or under any military, territorial, foreign, tribal, or federal law, that is equivalent to the crime of terrorism as defined by R.S. 14:128.1 or the crime of aiding others in terrorism as defined by R.S. 14:128.2.

Acts 2005, No. 163, §1, eff. June 28, 2005; Acts 2016, No. 225, §2; Acts 2019, No. 298, §1.
La. Rev. Stat. § 15:641 — LA Code / Code revised-statutes / Title 15 / Section 641
Short title
Status: in_force

This Chapter may be referred to and may be cited as "The Trey Hutchison Act".

Acts 2005, No. 163, §1, eff. June 28, 2005.
La. Rev. Stat. § 15:566 — LA Code / Code revised-statutes / Title 15 / Section 566
Pendency of appeal, payments; delivery to penitentiary
Status: in_force

A. The Department of Corrections shall pay the sum of eighteen dollars and twenty-five cents per day to the sheriff of each parish, or to the governing authority of those parishes in which said authority operates the parish jail, for feeding and maintaining each prisoner who has been convicted of a crime and sentenced to imprisonment at a state penitentiary, who is held in the parish jail without bail, pending an appeal. Each sheriff shall file a monthly report with the Department of Corrections and the local governing authority and shall be paid for such charges on a monthly basis by the Department of Corrections. However, in the parish of Orleans, said payment shall be to the criminal sheriff of the parish of Orleans, to be reimbursed to the city of New Orleans.

When the Department of Corrections makes payment in accordance with this Subsection, no additional compensation from the parish governing authority shall be paid for the care of such prisoners.

B. The sheriff or his duly qualified deputy, within thirty days of the date upon which sentence to imprisonment at hard labor has been imposed, shall deliver the prisoner to the state correctional institution designated by the Department of Corrections, unless:

(1) The governor shall have reprieved said prisoner; or

(2) The prisoner is retained in the parish pursuant to R.S. 15:824(B) or R.S. 15:832; or

(3) The prisoner has been admitted to post-conviction bail; or

(4) The prisoner has obtained an order of appeal and the secretary of the Department of Corrections agrees to take custody of the prisoner. In other cases in which an order of appeal is obtained, the sheriff shall deliver the prisoner to the department within fifteen days of the date upon which the highest court of the state to which the prisoner may appeal as of right has affirmed the conviction and sentence. If the prisoner has filed a timely application for rehearing, the sheriff shall deliver the prisoner within fifteen days of the date upon which the rehearing is denied. Application for writs of certiorari or review to the state supreme court shall not prevent transfer under the provisions of this Subparagraph; or

(5) The court, for good cause, stays for a specified period a transfer to the Department of Corrections pursuant to Paragraph (4) above.

C. The sheriff of the parish in which the prisoner has been convicted, or his duly qualified and regularly employed deputy, shall deliver with the prisoner all documents and statements required by Article 892 of Chapter 1 of Title 30 of the Louisiana Code of Criminal Procedure. If said documents are not tendered with the prisoner, the Department of Corrections shall refuse delivery of said prisoner.

Amended by Acts 1978, No. 569, §1, eff. July 12, 1978; Acts 1980, No. 287, §1, eff. July 1, 1982; Acts 1980, No. 776, §1, eff. July 31, 1980; Acts 1982, No. 852, §1.
La. Rev. Stat. § 15:596 — LA Code / Code revised-statutes / Title 15 / Section 596
Penalties
Status: in_force

A. Any head of an agency subject to the provisions of this Chapter who, after written notification by an authorized representative of the bureau, shall neglect or refuse to make any report or to do any act required by any provision of this Chapter shall be deemed guilty of nonfeasance in office and shall be subject to removal or a fine of not less than two thousand dollars nor more than five thousand dollars for each offense, or both.

B. Any individual who shall acquire or distribute any criminal history record, pursuant to this Chapter and except as authorized by law and in accordance with applicable rules and regulations of the bureau, shall be fined not less than five hundred nor more than one thousand dollars, and may be imprisoned for not more than three months for each offense, or both.

C. Any individual who transmits false information, withholds information, or prevents the transmission of information shall be fined not less than five hundred nor more than one thousand dollars, and may be imprisoned for not more than five years with or without hard labor for each offense, or both.

D. In addition to any criminal penalties, the deputy secretary is empowered to make reasonable administrative sanctions as he deems appropriate against those agencies who fail to comply with the provisions of this Chapter. Such sanctions may include, but are not limited to, loss of access to equipment and files maintained by the bureau.

Acts 1981, No. 449, §1, eff. July 1, 1981; Acts 1999, No. 816, §1.
La. Rev. Stat. § 15:1174 — LA Code / Code revised-statutes / Title 15 / Section 1174
Definitions
Status: in_force

For purposes of this Part:

(1) "Contractor" means any entity entering into a contractual agreement to provide any correctional services pursuant to the provisions of the Louisiana Corrections Private Management Act, R.S. 39:1800.1 et seq.

(2) "Offender" means an adult or juvenile offender who is in the physical or legal custody of the Department of Public Safety and Corrections, a contractor operating a private prison facility, or a sheriff when the basis for the complaint or grievance arises. Any subsequent event, including posttrial judicial action or release from custody, shall not affect status as an "offender" for the purposes of this Part.

(3) "Private prison facility" means any institution operated pursuant to the provisions of the Louisiana Corrections Private Management Act, R.S. 39:1800.1 et seq.

Acts 1985, No. 672, §1; Acts 1988, No. 212, §1; Acts 1993, No. 871, §1; Acts 1997, No. 575, §1.
La. Rev. Stat. § 15:1199.5 — LA Code / Code revised-statutes / Title 15 / Section 1199.5
Administration of program; purposes
Status: in_force

A. The secretary shall administer the provisions of this Part.

B. The department shall operate the inmate rehabilitation and workforce development program for the following purposes:

(1) To provide inmates with employment skills, job training, and employment once they have completed the program.

(2) To develop a workforce of skilled craftsmen.

(3) To provide inmates with the necessary substance abuse counseling, mentoring, and other programs to assist them in returning to their communities with a focus on breaking the cycle of substance abuse, criminal behavior, and violence that prevents them from moving forward with their lives.

(4) To reduce the rate of recidivism by providing inmates with the necessary occupational training, educational opportunities, and substance abuse counseling to allow them to have meaningful alternatives to criminal behavior and substance abuse.

C.(1) The department may enter into cooperative endeavors or contracts with and request studies or reports from private citizens, Louisiana Works, the Louisiana Department of Education, and the Louisiana community and technical colleges in this state for the purpose of encouraging the development of training facilities to produce skilled craftsmen for employment in Louisiana industries.

(2) Should the department enter into cooperative endeavors or contracts or receive studies or reports as provided in Paragraph (1) of this Subsection, it shall transmit the summary and the reports to the House Committee on the Administration of Criminal Justice and the Senate Committee on Judiciary B on or before March first of each year.

D. The department may enter into cooperative endeavors or contracts with Louisiana Works, the Louisiana Department of Education, and the Louisiana community and technical colleges, educational institutions, training facilities, and employers to provide the intensive training programs necessary for proper certification or licensing of skilled craftsmen as authorized by the provisions of this Part.

E. The department may enter into cooperative endeavors or contracts with service providers to provide substance abuse treatment and counseling or halfway housing to inmates who participate in the program.

F. In the administration of this program, the secretary, with the assistance of the council shall:

(1) Make an annual report on or before March first each year to the House Committee on the Administration of Criminal Justice and the Senate Committee on Judiciary B regarding the program. The report shall include at a minimum:

(a) Recommendations for all needed changes in the law regarding the operation and administration of the program.

(b) A complete report on the receipt and expenditure of all funds received by the department for operation of the program.

(c) Comprehensive data regarding the number of inmates who are enrolled in the program, have graduated from the program, and who have been assigned to workforce development work release.

(d) A copy of any regulation adopted to implement the provisions of the program including any subsequent changes to the regulation.

(2)(a) Establish, and modify as necessary, a plan of organization to administer the program efficiently and thoroughly.

(b) The plan of organization shall provide for the capacity to:

(i) Administer the granting of cooperative endeavors or contracts.

(ii) Analyze and review investigative and audit reports and findings.

(iii) Provide for enforcement of department rules or regulations as is necessary to provide for the efficient and thorough operation of the program.

(3) Approve, prior to its presentation to the legislature and after appropriation but prior to allocation, the budget for the administration and operation of the program.

(4) Issue a written response to any formal request from the governor and the legislature or any committee thereof.

(5) Appear before any committee of the legislature upon request of the president of the Senate, the speaker of the House, or the chairman of any legislative committee.

(6) Prepare and submit for review to the Joint Legislative Committee on the Budget on or before March first of each year an annual financial report which outlines the expenditures of all funds for the previous calendar year.

(7) Repealed by Acts 2009, No. 266, §2.

G. The secretary shall coordinate with the secretary of Louisiana Works to ensure that the administration of the program as provided by this Part and the programs administered by Louisiana Works do not provide duplicative or conflicting services to the same individuals. All efforts shall be coordinated and consistent with R.S. 23:1 et seq.

Acts 2008, No. 106, §1, eff. June 6, 2008; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2009, No. 266, §§1, 2.
La. Rev. Stat. § 15:1094.4 — LA Code / Code revised-statutes / Title 15 / Section 1094.4
Board; general authority
Status: in_force

A. The board may purchase or otherwise acquire, construct, reconstruct, rehabilitate, improve, repair, operate, lease as lessor or lessee, manage, and administer or enter into contracts for the management, administration, and operation of a juvenile detention facility or facilities, shelter care facility or facilities, or such other juvenile justice facilities as are useful, necessary, expedient, or convenient to carry out the plans and purposes of the commission and for the orderly conduct of its business. Such facilities may include but are not limited to office facilities, parking facilities, diagnostic facilities, dormitories, and other residential facilities for delinquent, neglected, or abused children or children in need of care or supervision, as well as for employees, patrons, visitors, and relatives of children who may enter the juvenile justice system or who are in need of care or supervision. In addition, the commission may lease, purchase, or acquire by donation or otherwise, any property, immovable or movable, tangible or intangible, from any person, firm, or corporation, including the state and its agencies and political subdivisions.

B. The board may also authorize and approve, upon such terms as it may deem advisable, contracts of employment for a superintendent or administrator and other necessary personnel and contracts for legal, financial, engineering, and other professional services necessary or expedient for the conduct of its affairs.

Acts 1986, No. 495, §1, eff. July 2, 1986.
La. Rev. Stat. § 15:1309 — LA Code / Code revised-statutes / Title 15 / Section 1309
Authorization for disclosure and use of intercepted wire, electronic, or oral communications
Status: in_force

A. Any investigative or law enforcement officer who, by any means authorized by this Chapter, has obtained knowledge of the contents of any wire, electronic, or oral communication, or evidence derived therefrom, may disclose such contents to another investigative or law enforcement officer to the extent that such disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure, and provided that such disclosure of the contents of any wire, electronic, or oral communication, or evidence derived therefrom, relates directly to the offense for which the order was granted.

B. Any investigative or law enforcement officer who, by any means authorized by this Chapter, has obtained knowledge of the contents of any wire, electronic, or oral communication or evidence derived therefrom may use such contents to the extent such use is appropriate to the proper performance of his official duties.

C. Any person who has received, by any means authorized by this Chapter, any information concerning a wire, electronic, or oral communication, or evidence derived therefrom, intercepted in accordance with the provisions of this Chapter may disclose the contents of that communication or such derivative evidence while giving testimony under oath or affirmation in any criminal proceeding in any court of the United States or of the state or in any federal or state grand jury proceeding.

D. No otherwise privileged wire, electronic, or oral communication intercepted in accordance with, or in violation of, the provisions of this Chapter shall lose its privileged character.

E. When an investigative or law enforcement officer, while engaged in intercepting wire, electronic, or oral communications, obtains knowledge of communications relating to offenses other than those specified in the order of authorization or approval, the contents thereof, and evidence derived therefrom, may be disclosed or used as provided in Subsections A, B and C of this Section.

Acts 1985, No. 859, §1, eff. July 23, 1985; Acts 2012, No. 727, §2.
La. Rev. Stat. § 15:850.13 — LA Code / Code revised-statutes / Title 15 / Section 850.13
Commission members
Status: in_force

A. The Jackson Parish Detention Center Commission shall be composed of seven members including the president of the Jackson Parish Police Jury during his tenure as such; a member of the police jury, other than its president, who shall be elected by a majority vote of the police jury for a term of four years or until said juror's term of office ends, whichever occurs first; the sheriff of Jackson Parish; the chief of police of the town of Jonesboro; one mayor from a town or village within Jackson Parish, other than the town of Jonesboro, whose term shall be four years or until his term of office ends, the order of rotation for choosing a town or village shall be fixed by the commission; and two citizens who are to be appointed by the police jury. The chairman of the commission shall be selected by majority vote of all members of the commission. It shall be the duty of the chairman to conduct all meetings of the commission in accordance with law and the resolutions adopted by a majority of the commission. In the same manner, the commission shall select a vice chairman from among its number, who shall serve as chairman in the latter's absence.

B. The secretary of the police jury may serve as secretary of the commission and the Jackson Parish treasurer may serve as ex officio treasurer of the commission.

C. The members of the commission shall receive no compensation.

D. Should any member of the commission be sued individually for damages arising out of or in any way connected with the performance of his duties as such commission member, it shall be the responsibility of the commission to provide such member with a legal defense to such suit, including reasonable attorney fees, investigating costs, and other related expenses not paid by any insurance. Should any such commission member be cast in judgment for damages in such a suit, it shall be the obligation of the commission to indemnify him fully against such judgment, including all principal, interest, and costs in excess of that paid by any insurance company. Nothing in this Section shall require the commission to indemnify a commission member against a judgment wherein there is a specific decree in the judgment that the action of the commission member was malicious, and willfully and deliberately intended to cause bodily harm.

Acts 1995, No. 675, §1.
La. Rev. Stat. § 15:165 — LA Code / Code revised-statutes / Title 15 / Section 165
Methods of delivery of public defender services; selection of methods; emergency circumstances
Status: in_force

A. The method of delivery in each judicial district shall be approved to the extent that it is meeting or able to meet the performance standards and guidelines of the office. The office may change the method of delivery in order to ensure compliance with best practices reflected in the performance standards and guidelines.

B. The office shall approve the method of delivery of public defender services for each district from the following service delivery methods or any combination thereof:

(1)(a) Appointment by the district public defender from a list of competent attorneys licensed to practice law in this state and classified according to case-type certification level.

(b) All appointments shall be on a successive, rotational basis by case-type certification. Deviations from the board's list shall be permitted only to comply with Code of Criminal Procedure Article 512 and in exceptional circumstances upon approval of the office upon recommendation of the district public defender.

(2) An independent public defender organization qualified with the United States Internal Revenue Service for an exemption from federal income tax under Section 501(c) of the Internal Revenue Code to provide counsel for indigent defendants. The compensation of the district public defender and all assistants and supporting personnel shall be fixed by the board in compliance with compensation standards adopted pursuant to rule by the board.

(3) The authorization, by the office, of the district public defender to employ or enter into a contract or contracts, on such terms and conditions as it deems advisable, with one or more attorneys licensed to practice law in this state to provide counsel for indigent defendants in criminal proceedings.

(4) A full-time public defender office, staffed by full-time lawyers and support staff, or primarily full time with supplemental positions on a contract basis.

C. Any delivery model in existence prior to April 30, 2007, shall be presumed to be acceptable and meet standards guidelines pursuant to rules adopted by the office and as provided by statute until the delivery model is proven not to meet those standards and guidelines.

D.(1) If, after reasonable assistance, providing of resources, and consultation with the office, the preexisting delivery model is still deemed unacceptable, the board shall determine the appropriate service delivery system to provide counsel for indigent defendants in criminal proceedings. Such a system shall be structured with due consideration for local variances from judicial district to judicial district within the region and shall, where necessary, establish satellite offices or part-time satellite offices to maintain easy access to clients in each judicial district within their purview.

(2) The office shall provide notice of a public hearing as provided in Paragraph (3) of this Subsection to the district public defender, the district advisory board, if applicable, and the chief judge of the judicial district prior to changing any delivery model as provided for by this Section and provide the public an opportunity to offer comment on the change in the delivery model.

(3) The public hearing provided for by this Subsection may be conducted at a meeting called by the office, provided proper notice is provided to the public as required by this Subsection.

E. An independent public defender organization qualified with the United States Internal Revenue Service for an exemption from federal income tax under Section 501(c) of the Internal Revenue Code existing as of August 15, 2007, may, with the approval of current local indigent defender boards of other judicial districts in its region, provide administration, management, and supervision of services and budgets for those districts, with due consideration for local variances from judicial district to judicial district within the region, and establish, where necessary, satellite offices or part-time satellite offices to maintain easy access to clients in each judicial district within their purview.

F. The district public defender shall create a staff organization plan for its delivery method which shall be subject to approval by the office. The staff organization plan will provide for the method of delivery, positions, duties, and assignments in the district court.

G. In the event of a catastrophic event, natural or otherwise, the office shall have the power to establish an appropriate delivery system to maintain the competent delivery of services from among the delivery methods provided for by this Section.

Acts 2007, No. 307, §1; Acts 2008, No. 220, §6, eff. June 14, 2008; Acts 2024, 2 nd Ex. Sess., No. 22, §1, eff. March 20, 2024.
La. Rev. Stat. § 15:569 — LA Code / Code revised-statutes / Title 15 / Section 569
Place for execution of death sentence; manner of execution
Status: in_force

A. Every sentence of death imposed in this state shall be executed at the Louisiana State Penitentiary at Angola. Every execution shall be made in a room entirely cut off from view of all except those permitted by law to be in the room. At the discretion of the secretary of the Department of Public Safety and Corrections and with no preference to the method of execution, every sentence of death shall be by one of the following methods:

(1) Intravenous injection of a substance or substances in a lethal quantity into the body.

(2) Nitrogen hypoxia.

(3) Electrocution, causing to pass through the body of the person convicted a current of electricity of sufficient intensity to cause death, and the application and continuance of such current through the body of the person convicted until such person is dead.

B. Upon receipt of the warrant commanding the secretary to cause the execution of the person condemned as provided by law, the secretary shall, within seven days, provide written notice to the condemned person of the manner of execution.

C. No licensed healthcare professional shall be compelled to administer a lethal injection or to participate in any other authorized execution method.

D. The provisions of the Administrative Procedure Act, R.S. 49:950, et seq., shall not apply to the procedures and policies concerning the process for implementing a sentence of death.

E.(1) The purchase of drugs, medical supplies, medical equipment, or any other materials or supplies necessary to carry out the execution shall not be subject to the provisions of the Louisiana Procurement Code, R.S. 39:1551 et seq.

(2) A member of the legislature or the governor, or an immediate family member of a member of the legislature or the governor, or any business with which a member of the legislature or the governor or their immediate family member has a controlling interest as an owner, director, officer, or majority shareholder that has voting rights regarding the financial decisions of the business shall not offer or provide drugs, medical supplies, or medical equipment necessary to execute a death sentence.

(3)(a) The entity responsible for maintaining records or information pertaining to the provision of drugs, medical supplies, or medical equipment for execution purposes shall disclose the information to the state inspector general.

(b) The state inspector general shall conduct a review of the disclosed information to ensure compliance with the provisions of Paragraph (2) of this Subsection. Upon completion of the review, the state inspector general shall return the disclosed information and issue a certification stating whether the purchase of drugs, medical supplies, or medical equipment procured for the purpose of carrying out executions complies with Paragraph (2) of this Subsection. The certification shall also state whether the drugs, medical supplies, or medical equipment were procured from an individual, business, organization, or entity possessing the requisite licenses pursuant to the laws of their respective state to engage in such activities, and affirming the validity of the licenses. The certification shall be a public record but shall not disclose any of the information protected by R.S. 15:570(G).

F. A manufacturer, pharmacist, practitioner, pharmacy, out-of-state pharmacy or practitioner, or institutional pharmacy as defined in R.S. 37:1164 shall be exempt from Parts III, IV, and V of Chapter 14 of Title 37 of the Louisiana Revised Statutes of 1950 and the reporting of prescription monitoring information required by the Prescription Monitoring Program Act as provided in Part X-A of Chapter 4 of Title 40 of the Louisiana Revised Statutes of 1950 when delivering, dispensing, distributing, supplying, manufacturing, or compounding any drug, equivalent drug product, pharmacy-generated drug, or device intended for use by the Department of Public Safety and Corrections in the administration of an execution. The Department of Public Safety and Corrections shall comply with federal regulations regarding the importation of any drugs, medical supplies, or medical equipment obtained for execution.

Amended by Acts 1956, No. 143, Acts 1956, Ex. Sess., No. 18, §1; Acts 1990, No. 717, §1; Acts 1991, No. 159, §1; Acts 2010, No. 889, §1; Acts 2024, 2 nd Ex. Sess., No. 5, §1, eff. July 1, 2024.
La. Rev. Stat. § 15:574.32 — LA Code / Code revised-statutes / Title 15 / Section 574.32
Definitions
Status: in_force

As used in this compact, unless the context clearly requires a different construction:

(1) "Adult" means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law.

(2) "Bylaws" means those bylaws established by the Interstate Commission for its governance, or for directing or controlling the Interstate Commission's actions or conduct.

(3) "Commissioner" means the voting representative of each compacting state appointed pursuant to R.S. 15:574.33.

(4) "Compact administrator" means the individual in each compacting state appointed pursuant to the terms of this compact responsible for the administration and management of the state's supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this compact.

(5) "Compacting state" means any state which has enacted the enabling legislation for this compact.

(6) "Interstate Commission" means the Interstate Commission for Adult Offender Supervision established by this compact.

(7) "Member" means the commissioner of a compacting state or designee who shall be a person officially connected with the commissioner.

(8) "Noncompacting state" means any state which has not enacted the enabling legislation for this compact.

(9) "Offender" means an adult placed under, or subject to supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies.

(10) "Person" means any individual, corporation, business enterprise, or other legal entity, either public or private.

(11) "Rules" means acts of the Interstate Commission, duly promulgated pursuant to R.S. 15:574.38, substantially affecting interested parties in addition to the Interstate Commission, which shall have the force and effect of law in the compacting states.

(12) "State" means a state of the United States, the District of Columbia, and any other territorial possessions of the United States.

(13) "State Council" means the resident members of the State Council for Interstate Adult Offender Supervision created by each state under R.S. 15:574.34.

Acts 2001, No. 606, §1, eff. June 19, 2002.
La. Rev. Stat. § 15:831 — LA Code / Code revised-statutes / Title 15 / Section 831
Medical care of inmates; testing
Status: in_force

A. The secretary of the Department of Public Safety and Corrections, using the recommendations of the Department of Public Safety and Corrections Medical Advisory Council, shall establish and shall prescribe standards for health, medical, and dental services for each institution, including preventive, diagnostic, and therapeutic measures on both an outpatient and a hospital basis, for all types of patients. An inmate may be taken to a medical facility outside the institution when deemed necessary by the director. However, in situations which are not life-threatening, the medical facility selected to treat the inmate shall be a part of the state's charity hospital system. In emergency situations where treatment by a state charity hospital is not available or feasible, the inmate may receive emergency treatment at the nearest private medical facility. As soon as practicable, the inmate should be transferred to a facility operated by the state's charity hospital system. Notwithstanding any law to the contrary, all payments to private hospitals or health care providers shall be governed by R.S. 15:824(B)(1)(c). No monies appropriated to the department from the state general fund or from dedicated funds shall be used for medical costs associated with organ transplants for inmates or for the purposes of providing cosmetic medical treatment of inmates, unless the condition necessitating such treatment or organ transplant arises or results from an accident or situation which was the fault of the department or resulted from an action or lack of action on the part of the department. However, nothing in this Section shall prohibit an inmate from donating his vital organs for transplant purposes.

B.(1) Notwithstanding any other law to the contrary, the secretary shall promulgate rules and regulations regarding reimbursement by a state inmate for medical expenses incurred by the department or sheriff for the inmate's treatment, including a requirement that the inmate file a claim with his private medical or health care insurer or any public medical assistance program, under which he is covered and from which the inmate may make a claim for payment or reimbursement of the cost of any such medical treatment.

(2) In addition, the secretary shall adopt rules requiring that copayments be made by inmates upon receiving medical or dental treatment, which may include a sliding scale based on the inmates' ability to pay. These rules and regulations shall include but not be limited to guidelines for payments for inmate visits to doctors, hospitals, psychiatrists, and dentists, and for receipt of prescription or nonprescription drugs. The secretary shall also establish written guidelines for collection of copayments from an inmate's drawing account or savings account pursuant to R.S. 15:874. The provisions of this Paragraph shall apply to medical or dental treatment received at a public hospital operated by the Louisiana State University Health Sciences Center.

C. The secretary may order that an inmate be tested for a contagious disease if the inmate has been in an altercation and there is reason to believe that an exchange of bodily fluids between the inmate and another person has taken place. In addition, the secretary may authorize the testing of a staff member for contagious diseases at state expense when such testing is in the best interest of the department, including consideration of its staff and inmate populations.

D. For purposes of this Section "inmate" shall mean an individual who has been committed to the department for confinement after final sentence. For purposes of the prohibition against the use of state general or dedicated funds for organ transplants, "inmate" shall mean an individual who has been committed to the department for confinement for the crime of first or second degree murder, or the crime of aggravated or first degree rape and has exhausted all state and federal appellate and post conviction and relief remedies.

Added by Acts 1968, No. 192, §1. Acts 1989, No. 430, §1; Acts 1990, No. 75, §1; Acts 1993, No. 686, §1; Acts 1993, No. 875, §1; Acts 1997, No. 626, §1; Acts 1999, No. 1057, §1; Acts 2003, No. 1161, §1; Acts 2008, No. 730, §1; Acts 2015, No. 184, §2; Acts 2022, No. 646, §1.
La. Rev. Stat. § 15:850.14 — LA Code / Code revised-statutes / Title 15 / Section 850.14
Powers and duties of commission
Status: in_force

A. The commission shall be keeper of the Jackson Parish Detention Center, and the sheriff of Jackson Parish is hereby specifically relieved of that duty in his official capacity as sheriff.

B. Any other provision of law to the contrary notwithstanding, upon relinquishing the custody of any prisoner to any legally authorized agency, department, or body politic, neither the Jackson Parish Detention Center nor the commission shall be responsible for the care, conduct, or control of such prisoner until his custody is returned to the Jackson Parish Detention Center and the commission, or the agents or employees of either. The responsibility for the care, conduct, and control of such prisoner in such cases shall be transferred to the agency, department, or body politic to which custody of the prisoner has been relinquished.

C. The commission shall be responsible for the physical maintenance of the Jackson Parish Detention Center, and the police jury is hereby specifically relieved of that duty in its official capacity as the governing authority of Jackson Parish.

D. The commission shall have all other powers and duties of the sheriff and governing authority of a parish heretofore or hereafter provided by law for equipping, maintaining, operating, and supporting the public jail of a parish and the prisoners therein, which powers and duties include but are not limited to the following:

(1) Adopting all rules and regulations necessary and proper for the governance and maintenance of proper operations and conduct of the Jackson Parish Detention Center and the prisoners thereof.

(2) Appointing and employing all necessary superintendents, corrections officers, and other appropriate personnel, and fixing their salaries and adopting appropriate personnel policies and guidelines, which shall include policies and procedures for discipline and, if necessary, termination.

(3) Authorizing and permitting the use of prisoners of the Jackson Parish Detention Center to maintain road rights-of-way, not to include construction, within the parish of Jackson and remove litter on public grounds, all under the supervision of the police jury or other appropriate authorities when such prisoners are committed for such purposes by appropriate courts.

(4) Creating, establishing, and conducting work release programs in accordance with law.

(5) Creating, establishing, and conducting any and all programs, including vocational, rehabilitative, and corrective, not inconsistent with law and consistent with the purposes of this Part.

E. Any construction project undertaken under the auspices of this Part shall be performed in accordance with the provisions of R.S. 38:2212.

Acts 1995, No. 675, §1.
La. Rev. Stat. § 15:850.2 — LA Code / Code revised-statutes / Title 15 / Section 850.2
Organization and powers
Status: in_force

A. The Union Parish Detention Center shall be a political corporation, with power to sue and be sued and shall be governed by a commission to be known as the "Union Parish Detention Center Commission". The Union Parish Detention Center shall be domiciled at the parish seat. It shall be sued at its domicile and service of all legal documents shall be made on the chairman or vice-chairman of the commission.

B. The Union Parish Detention Center may acquire title to movable property for the public purposes by purchase or donation, may operate or maintain prison farms, and may operate or maintain the farms in whole or in part with prison labor and persons sentenced to the Union Parish Detention Center by city or district courts.

C. Except only as hereinafter specifically provided, all persons lawfully incarcerated in Union Parish shall be incarcerated in the Union Parish Detention Center, subject to the exclusive jurisdiction and control of the Union Parish Detention Center Commission.

Acts 1989, No. 539, §1.
La. Rev. Stat. § 15:254.7 — LA Code / Code revised-statutes / Title 15 / Section 254.7
Compensation of off-duty law enforcement officers; City Court of East St. Tammany
Status: in_force

Any sheriff, deputy sheriff, city or state police officer, or other law enforcement officer subpoenaed to testify in a traffic, criminal, or juvenile case before the City Court of East St. Tammany on a date or at a time when such officer is off duty shall be paid the sum of twenty-five dollars per subpoena per day by the clerk of the City Court of East St. Tammany. The clerk of the City Court of East St. Tammany shall transmit the fees due under this Section to the law enforcement officer's employer within thirty days after the officer qualifies for the fee. The employer shall be responsible for calculating and withholding all requisite deductions for taxes and for transferring or remitting all sums of employee withholdings to the appropriate taxing authorities, on behalf of the law enforcement officer and, within thirty days after receipt of the funds, for making payment of the appropriate net amount to the law enforcement officer. Compensation allowed law enforcement officers as witnesses in accordance with the provisions of this Section shall not be deemed to be in lieu of, or to constitute any portion of, the salary or compensation paid to such law enforcement officers for the performance of the duties of their jobs, nor shall the payment of such witness fees be taken into consideration in determining the salary, any salary increase, or any supplemental pay by the state to which any law enforcement officer is or becomes entitled. As a condition precedent to receipt of the compensation provided in this Section, the law enforcement officer and his superior shall be required to certify to the clerk of the City Court of East St. Tammany that the officer was summoned to testify on a day while he was off duty and did in fact appear in court as commanded in the subpoena. The maximum allowable fee to be received by an officer on any given day when he is summoned in an off-duty status will be seventy-five dollars, no matter how many summons he receives for that specific day. Said sum shall be in addition to any other compensation the law enforcement officer is eligible to receive. When the fee is for the testimony of an off-duty law enforcement officer employed by public safety services of the Department of Public Safety and Corrections, the fee shall be paid directly to public safety services.

Added by Acts 2001, No. 46, §1; Acts 2005, No. 96, §2, eff. January 1, 2006; Acts 2020, No. 205, §2, eff. June 11, 2020.
La. Rev. Stat. § 15:933 — LA Code / Code revised-statutes / Title 15 / Section 933
Office of juvenile justice; statistical data collection; reporting
Status: in_force

A. Statistical data collection. The office of juvenile justice shall collect, maintain, and regularly report a record of statistical data concerning the services it provides, the youth it serves, the outcomes experienced by the youth, and the funds it expends.

B. Publication and reporting. (1) The office of juvenile justice shall tabulate, analyze, and publish electronically, on the website maintained by the office of juvenile justice, on or before January fifteenth and June fifteenth of each year, the complete set of statistical data required to be collected and reported under this Section.

(2) The first such electronic publication of all data collected and reported in this Section shall be published electronically no later than January 15, 2018.

(3) The statistical data published under this Section shall not include any identifying information concerning any youth served by the office of juvenile justice, but shall be limited to the nonidentifying information authorized for release under Children's Code Article 412(B).

C. Maintenance of data. All data collected and maintained under this Section shall be maintained by the office and shall remain available through the office's website for a minimum of five years after collection.

D. Data to be collected and maintained. The data collected and maintained under this Section shall include but not be limited to the following data points for each child served:

(1) Name.

(2) Unique identification number assigned for the purposes of analyzing and reporting de-identified data.

(3) Date of birth.

(4) Gender.

(5) Race and ethnicity.

(6) Parish of residence.

(7) Parish in which the child was committed or placed on probation.

(8) Offenses with which the child was initially petitioned, with each offense stored as an individual variable.

(9) Offenses of adjudication, including variety of status offense, if applicable, with each offense stored as an individual variable.

(10) Date of adjudication prior to the disposition resulting in the child being placed under the supervision, care, or custody of the office of juvenile justice.

(11) Date of disposition resulting in the child being placed under the supervision, care, or custody of the office of juvenile justice.

(12) The child's total number of prior episodes, disaggregated by whether the offense leading to each episode was a misdemeanor, felony, or both.

(13) The most serious known offense of the child.

(14) Length of disposition imposed that resulted in the child being placed under the supervision, care, or custody of the office of juvenile justice.

(15) Length of suspended commitment imposed that resulted in the child being placed under the supervision, care, or custody of the office of juvenile justice.

(16) If the child was revoked on probation or parole, whether the revocation was initiated by motion of the office of juvenile justice, the district attorney, or both.

(17) The initial judicial disposition of a child committed to the custody of the office of juvenile justice.

(18) The initial office of juvenile justice disposition for a child committed to the custody of the office of juvenile justice.

(19) The total amount of time spent in secure care.

(20) The total amount of time spent in nonsecure care.

(21) The release date.

(22) The length of time on parole supervision.

(23) If any recommendation is made for the early release by the office of juvenile justice.

(24) Whether or not the office of juvenile justice's recommendation for early release was granted.

(25) The number of days spent in a detention center after commitment to the office of juvenile justice and prior to placement in a secure or nonsecure facility.

(26) If the child was committed to the secure custody of the office of juvenile justice:

(a) The last school grade completed by the child before commitment.

(b) The last school grade completed by the child upon release from the custody of the office of juvenile justice.

(c) If the child was on HISET or Carnegie Units while in the custody of the office of juvenile justice.

E. Data to be reported. The reports mandated by the office of juvenile justice shall include but not be limited to the following data:

(1) Disaggregated by race, ethnicity, gender, parish of prosecution, and most serious offense of adjudication, data including:

(a) The total number of children admitted to the custody of the office of juvenile justice during the preceding year, further disaggregated by whether the admission was incident to an initial disposition, a revocation of probation, or a revocation of parole.

(b) The total number of children who spent a minimum of one day in the office of juvenile justice's secure custody during the preceding year.

(c) The total number of children who spent a minimum of one day in the office of juvenile justice's nonsecure custody during the preceding year.

(d) The duration of the commitment imposed by the court for all children admitted to the custody of the office of juvenile justice during the preceding year.

(e) The average length of stay in secure custody of all children released from the office of juvenile justice's secure custody in the preceding year.

(f) The average length of stay in nonsecure custody of all children released from the office of juvenile justice's nonsecure custody in the preceding year.

(g) The total number of youth placed under the probation supervision of the office of juvenile justice during the preceding year.

(h) The total number of youth placed under the parole supervision of the office of juvenile justice during the preceding year.

(i) The total number of youth who spent a minimum of one day under the parole supervision of the office of juvenile justice during the preceding year.

(j) The total number of days spent by youth in a detention center after commitment to the office of juvenile justice, but before placement in a nonsecure or secure custody facility, during the preceding year.

(k) The total number of days spent by children committed to the custody of the office of juvenile justice in each office of juvenile justice secure facility, and in each nonsecure facility in which the office of juvenile justice places youth in its custody, during the preceding year.

(2) The average daily caseload of office of juvenile justice probation officers during the preceding year, disaggregated by legal status.

(3) The total cost of operating each office of juvenile justice secure facility, disaggregated by facility, in the preceding year, with the following costs disaggregated: cost of facilities, cost of staffing, cost of mental health treatment, and cost of educational services.

(4) The total amount actually paid by the state of Louisiana to each nonsecure facility for the custody and care of youth committed to the custody of the office of juvenile justice during the preceding year.

(5) The one-, two-, and three-year recidivism rates of youth served by the office of juvenile justice, disaggregated by most serious offense of adjudication and whether the youth was served on probation, in secure custody, or in nonsecure custody.

F. Coordination with other entities. The office shall cooperate and coordinate with courts, juvenile court clerks, detention centers, and public and private agencies in the collection of this statistical data. In order to facilitate the collection of the information required by this Section, the department shall be authorized to inspect and copy all records of the court and law enforcement agencies pertaining to youth served by the department.

Acts 2016, No. 499, §1.
La. Rev. Stat. § 15:148 — LA Code / Code revised-statutes / Title 15 / Section 148
Rulemaking; considerations in developing rules
Status: in_force

A. The office shall adopt all rules necessary to implement the provisions of this Part.

B. The rules shall include but not be limited to:

(1) Creating mandatory statewide public defender standards and guidelines that require public defender services to be provided in a manner that is uniformly fair and consistent throughout the state. Those standards and guidelines shall take into consideration all of the following:

(a) Manageable public defender workloads that permit the rendering of competent representation through an empirically based case weighting system that does not count all cases of similar case type equally but rather denotes the actual amount of attorney effort needed to bring a specific case to an appropriate disposition. In determining an appropriate workload monitoring system, the office shall take into consideration all of the following:

(i) The variations in public defense practices and procedures in rural, urban, and suburban jurisdictions.

(ii) Factors such as prosecutorial and judicial processing practices, trial rates, sentencing practices, attorney experience, extent and quality of supervision, and availability of investigative, social worker, and support staff.

(iii) Client enhancers specific to each client such as the presence of mental illness.

(b) Continuity of representation. The office shall adopt standards and guidelines which ensure that each district devises a plan to provide that, to the extent feasible and practicable, the same attorney handles a case from appointment contact through completion at the district level in all cases.

(c) Documentation of communication. The office shall adopt standards and guidelines to ensure that defense attorneys providing public defender services provide documentation of communications with clients regarding the frequency of attorney-client communications as required by rules adopted by the board.

(d) Performance supervision protocols. The office shall adopt standards and guidelines to ensure that all defense attorneys providing public defender services undergo periodic review of their work against the performance standards and guidelines in a fair and consistent manner throughout the state, including creating a uniform evaluation protocol.

(e) Performance of public defenders in all assigned public defense cases. The office shall adopt general standards and guidelines that alert defense counsel to courses of action that may be necessary, advisable, or appropriate to a competent defense including performance standards in the nature of job descriptions.

(f) Consistency of standards. The performance standards and guidelines shall be based upon the performance standards originally adopted by the Louisiana Indigent Defense Assistance Board (LIDAB) in 2006 and any subsequent amendments to those standards adopted by the office.

(2) Creating mandatory qualification standards for public defenders that ensure that the public defender services are provided by competent counsel. Those standards shall ensure that public defenders are qualified to handle specific case types which shall take into consideration the level of education and experience that is necessary to competently handle certain cases and case types such as juvenile delinquency, capital, appellate, and other case types in order to provide effective assistance of counsel. Qualification standards shall include all of the following:

(a) The specific training programs that must be completed to qualify for each type of case.

(b) The number of years the public defender has spent in the practice of law in good standing with the Louisiana State Bar Association.

(3) Establishing methods of monitoring and evaluating compliance with the mandatory public defender standards and guidelines and the performance of counsel in order to ensure competent representation of defendants in all courts of the state.

(4) Establishing procedures to handle complaints about public defender performance and to ensure that public defenders, office personnel, and clients are aware of avenues available for bringing a complaint and that office procedures do not conflict with the supervisory jurisdiction of the Louisiana Supreme Court and pursuant to the court's inherent authority provided for in Article V, Section 5 of the Constitution of Louisiana.

(5) Establishing policies and procedures for ensuring that cases are handled according to the Rules of Professional Conduct.

(6) Establishing policies and procedures for handling conflict of interest cases and overflow cases when workload standards which are established by rules of the office are breached.

(7) Establishing policies and procedures to ensure that detailed expenditure and workload data is collected, recorded, and reported to support strategic planning efforts for the system.

(8) Creating separate performance standards and guidelines for attorney performance in capital case representation, juvenile delinquency, appellate, and any other subspecialties of criminal defense practice as well as children in need of care cases determined to be feasible, practicable, and appropriate by the office.

(9) Ensuring data, including workload, is collected and maintained in a uniform and timely manner throughout the state to allow the office sound data to support resource needs.

(10) Providing for minimum salary and compensation standards for attorney, investigator, paraprofessional, and any and all other staff necessary for the adequate defense of indigent defendants in criminal courts and comparable to other positions of similar stature throughout the state.

(11) Establishing processes and procedures to ensure that when a case that is assigned presents a conflict of interest for a public defender, the conflict is identified and handled appropriately and ethically.

(12) Establishing processes and procedures to ensure that office and contract personnel use information technology and workload management systems so that detailed data is accurately collected, recorded, and reported.

(13) Establishing administrative ranges for compensation of attorneys delivering public defender services throughout the state so that compensation is based on objective policymaking, including years of service, nature of the work and workload, and in consideration of variations in public defense practices and procedures in rural, urban, and suburban districts as well as prosecutorial and judicial processing practices, trial rates, sentencing practices, and attorney experience.

(14) Repealed by Acts 2024, 2 nd Ex. Sess., No. 22, §3, eff. March 20, 2024.

(15) Repealed by Acts 2024, 2 nd Ex. Sess., No. 22, §3, eff. March 20, 2024.

C. All rules shall be adopted pursuant to the provisions of the Administrative Procedure Act and shall be subject to legislative oversight by the House Committee on the Administration of Criminal Justice and the Senate Committee on Judiciary B.

Added by Acts 1976, No. 653, §1; Acts 1987, No. 920, §1; Acts 2005, No. 343, §1; Acts 2007, No. 307, §1; Acts 2008, No. 220, §6, eff. June 14, 2008; Acts 2024, 2 nd Ex. Sess., No. 22, §§1, 3, eff. March 20, 2024.
La. Rev. Stat. § 15:543 — LA Code / Code revised-statutes / Title 15 / Section 543
Duties of the courts, sheriffs, and the Department of Public Safety and Corrections and the office of juvenile justice; informing the offender of the registration and notification requirements
Status: in_force

A. The court shall provide written notification to any person convicted of a sex offense and a criminal offense against a victim who is a minor of the registration requirements and the notification requirements of this Chapter. For purposes of this Subsection, the court shall use the form contained in R.S. 15:543.1 and shall provide a copy of the registration and notification statutes to the offender. Such notice shall be included on any guilty plea forms and judgment and sentence forms provided to the defendant, and an entry shall be made in the court minutes stating that the written notification was provided to such offenders. If the offender is not sentenced to incarceration, then the court shall notify the bureau of the conviction of the offender.

B. When a person who is required to register under this Chapter is released from incarceration or placed under parole, supervised release, or probation, the Department of Public Safety and Corrections for adult offenders, or the office of juvenile justice for juvenile offenders, or the sheriff if the offender is housed in the parish jail, or the court if the offender is not incarcerated or placed in the jurisdictional custody of the Department of Public Safety and Corrections or the office of juvenile justice, shall:

(1) Inform the person of the duty to register in accordance with the provisions of this Chapter.

(2) Inform the person of the duty to provide community notification as required by the provisions of this Chapter.

(3) Inform the person of the duty to provide in-person verification as required by the provisions of this Chapter.

(4) Inform the person of the duty to provide information regarding a change of address and other information and proof of residence as required by the provisions of this Chapter.

(5) Inform the person that if the person changes residence to another state, the person shall notify in writing both the bureau and the law enforcement agency designated for sex offender reporting under the laws of the state in which the new address is located if that state has a registration requirement, within three days from the date the person establishes residence in the new state.

(6) Obtain fingerprints, if not already on file, the registration information required by the provisions of R.S. 15:542 for inclusion into the state sex offender and child predator registry, and a current photograph of the person. The agency responsible in this Section for collecting the registration information shall, before release of the offender, transfer that information to the bureau for immediate inclusion in the registry which shall constitute preregistration, but which shall only be deemed completed registration upon the in-person verification by the offender with the appropriate law enforcement agency as provided in R.S. 15:542, within three business days of conviction, if not incarcerated immediately after conviction, or of release from confinement.

(7) Require the person to read and sign a form stating that the requirements of the provisions of this Chapter and the penalty for failure to comply with those requirements have been explained.

C. The Department of Public Safety and Corrections shall provide written notification to an individual convicted of a sex offense or a criminal offense against a victim who is a minor from another state of the registration and notification requirements of this Chapter at the time the department accepts supervision and has legal authority of the individual under the terms and conditions of the interstate compact agreement under R.S. 15:574.31. The sheriff of the parish of the offender's residence shall also provide written notification of the registration and notification requirements contained in this Chapter to every offender who presents himself to the sheriff for the purpose of fulfilling the registration requirements contained in this Chapter as well as a copy of the registration and notification statutes. The offender shall sign an affidavit confirming receipt of such notification.

D. Repealed by Acts 2007, No. 460, §3, eff. Jan. 1, 2008.

E. At the time a person renews his driver's license or identification card, or surrenders a driver's license from another jurisdiction and makes an application for a driver's license or an identification card, the Department of Public Safety and Corrections shall provide the applicant with written information on the registration requirements of R.S. 15:542.

Acts 1992, No. 388, §1, eff. June 18, 1992; Acts 2007, No. 460, §§2 and 3, eff. Jan. 1, 2008; Acts 2008, No. 816, §1.
La. Rev. Stat. § 15:587.7 — LA Code / Code revised-statutes / Title 15 / Section 587.7
Volunteer and employee criminal history system
Status: in_force

A. The Louisiana Bureau of Criminal Identification and Information shall implement a volunteer and employee criminal history system to allow qualified entities to access state and federal criminal history records on certain individuals in the absence of specific statutory provisions regarding access to criminal history record information. For purposes of this Section, the following definitions shall apply:

(1) "Bureau" means the Louisiana Bureau of Criminal Identification and Information located within the Department of Public Safety and Corrections, public safety services, office of state police.

(2) "Care" means treatment, education, training, instruction, supervision, or recreation services provided to children, the elderly, or individuals with disabilities.

(3) "Individual" means a person who has, seeks to have, or may have access to children, the elderly, or individuals with disabilities, served by a qualified entity who meets any of the following requirements:

(a) Is employed by or volunteers with, or seeks to be employed by or volunteer with, a qualified entity.

(b) Owns or operates, or seeks to own or operate, a qualified entity.

(c) Is a contractor with, or seeks to be a contractor with, a qualified entity.

(4) "Individuals with disabilities" means persons with a mental or physical impairment who require assistance to perform one or more daily living tasks.

(5) "Qualified entity" means a business or organization, whether public or private, operated for profit, operated not-for-profit, or voluntary, which provides care or care placement services, including a business or organization that licenses or certifies individuals to provide care or care placement services.

B.(1) A qualified entity must register with the bureau before submitting a request for criminal history records under this Section.

(2) Each qualified entity may require an individual to submit to a criminal history records check to be conducted by the bureau. Fingerprints and other identifying information from the individual shall be submitted to the bureau by the individual.

(3) When a criminal history records check is requested by a qualified entity pursuant to Paragraph (1) of this Subsection, the bureau shall provide the qualified entity with the state criminal history record information of the individual subject to the inquiry. In addition, when the qualified entity requests national criminal history records checks, the bureau shall forward the fingerprints to the Federal Bureau of Investigation for a national criminal history records check and shall provide the qualified entity with the national criminal history record information of the individual subject to the inquiry.

C. National and state criminal history records checks are to be used by the qualified entity to determine the suitability of the individual to have access to children, the elderly, or individuals with disabilities served by the qualified entity. The determination of suitability shall be solely made by the qualified entity. This Section does not require the bureau to make a determination on behalf of any qualified entity.

D. The cost of providing the information required under this Section shall be charged by the bureau, as specified in R.S. 15:587(B), to the individual subject to the inquiry or the qualified entity, subject to the provisions of R.S. 23:897, for furnishing information contained in the bureau's criminal history and identification files, including any additional costs of providing the national criminal history records check which pertain to the individual.

E. The qualified entity shall maintain the confidentiality of the federal and state criminal history information in accordance with applicable federal and state laws.

F. A qualified entity shall not be liable for damages solely for failing to obtain the information authorized under this Section. Except in instances of gross negligence or willful and wanton misconduct, the state, any political subdivision of the state, or any agency, officer, or employee of the state or a political subdivision shall not be liable for damages for providing the information requested under this Section.

G. The bureau is hereby authorized to adopt and promulgate rules and regulations in accordance with the Administrative Procedure Act to carry out the provisions of this Section for those qualified entities who choose to obtain federal and state criminal history record information pursuant to this Section.

Acts 2018, No. 376, §1, eff. Jan. 1, 2019; Acts 2019, No. 259, §1, eff. June 11, 2019; Acts 2024, No. 146, §1.
La. Rev. Stat. § 15:1208 — LA Code / Code revised-statutes / Title 15 / Section 1208
Office of Peace Officer Standards and Training; program director
Status: in_force

A. An Office of Peace Officer Standards and Training is hereby created within the Louisiana Commission on Law Enforcement and Administration of Criminal Justice to be administered by a program director. He shall be a civil service employee selected by a majority vote of the Council on Peace Officer Standards and Training from a list of candidates certified by the Department of Civil Service. Retention of this position is subject to the rules of the Department of Civil Service.

B. The program director, in conjunction with the council members' advice and consent, shall develop a staffing plan for the office. Persons selected for this staff shall be civil service employees. Employees currently in the Louisiana Commission on Law Enforcement may be transferred to any position in the Office of Peace Officer Standards and Training.

C. The program director and administrative staff shall receive policy and direction from the council. No rules or regulations, statutes, or procedures initiated by the administrative staff shall be instituted without majority approval of the council.

Added by Acts 1982, No. 546, §2.
La. Rev. Stat. § 15:571.43 — LA Code / Code revised-statutes / Title 15 / Section 571.43
Job intervention programs
Status: in_force

A. Each judicial district court by rule may establish a job intervention program to be administered by the presiding judge or judges thereof or by an employee designated by the court.

B. Participation in such programs shall be subject to the following provisions, and to the provisions of R.S. 15:571.44:

(1) The district attorney may propose to the court that an individual defendant be screened for eligibility as a participant in the job intervention program if both of the following criteria are satisfied:

(a) The defendant is a first-time offender charged with a non-violent offense as provided by R.S. 15:571.44(F) for which the court may suspend the imposition or execution of the sentence, when suspension is allowed under the law, and place the defendant on probation under the supervision of the division of probation and parole.

(b) It is in the best interest of the community and in the interest of justice to place the defendant in an employment program as opposed to incarceration or other sanctions.

(2) Upon receipt of the proposal provided for in Paragraph (1) of this Subsection, the court shall advise the defendant that the defendant may be eligible for enrollment in a court-authorized job intervention program.

Acts 2003, No. 803, §1, eff. July 1, 2003.
La. Rev. Stat. § 15:511 — LA Code / Code revised-statutes / Title 15 / Section 511
Court reporters, retention and destruction of notes and recordings of criminal cases
Status: in_force

A. The court reporter shall retain indefinitely all notes and tape recordings of a criminal case. However, if the record of the trial or other criminal proceeding is fully transcribed, the court reporter shall retain all notes and tape recordings which have been fully transcribed for a period of not less than two years after transcription is completed. In criminal cases where all defendants are acquitted, the court reporter need not retain the notes and tape recordings. The court reporter shall destroy any notes and tape recordings of any matter upon order of a court of competent jurisdiction.

B. The notes and tape recordings of any criminal case which are retained by a court reporter pursuant to the provisions of this Section shall be the property of the court in which the case was heard. The court reporter shall have the duty to retain and maintain all such notes and tape recordings pursuant to the provisions of this Section, although the notes and tape recordings shall remain the property of the court.

Acts 1986, No. 546, §1.
La. Rev. Stat. § 15:450 — LA Code / Code revised-statutes / Title 15 / Section 450
Use of confession, admission or declaration in entirety
Status: in_force

Every confession, admission or declaration sought to be used against any one must be used in its entirety, so that the person to be affected thereby may have the benefit of any exculpation or explanation that the whole statement may afford.
La. Rev. Stat. § 15:821 — LA Code / Code revised-statutes / Title 15 / Section 821
Louisiana Department of Corrections; created; transfer of functions; functions of department
Status: in_force

In order to merge and consolidate into one department under authority of Section 32 of Article III of the Constitution of Louisiana, the executive and administrative offices, boards and commissions whose duties are of a similar nature or character there is hereby created and established the Louisiana Department of Corrections. The Louisiana Board of Institutions and the Department of Institutions are hereby merged and consolidated into the Louisiana Department of Corrections, and the functions of said board and department shall be transferred to the Louisiana Department of Corrections, hereinafter referred to as "the department". The functions of the department shall comprise administrative functions of the state now or hereafter authorized by law to be exercised in relation to the administration, management and operation of all state institutions for the care, custody and correction of persons sentenced for felonies or misdemeanors.

Added by Acts 1968, No. 192, §1.
La. Rev. Stat. § 15:173 — LA Code / Code revised-statutes / Title 15 / Section 173
Right of action not created
Status: in_force

A. It is not the intent of the legislature to create any new right, right of action, or cause of action or eliminate any right, right of action, or cause of action existing under current law. Nothing in the provisions of this Part shall create, expressly or by implication, any right, claim, or cause of action in favor of anyone in connection with the delivery of indigent defender services.

B. In addition to the provisions of Subsection A of this Section, nothing herein, nor any standards, guidelines, or rules adopted as a result hereof, shall be construed to provide any criminal defendant the basis of any claim that the attorney or attorneys appointed to represent him pursuant to this statute performed in an ineffective manner. It shall be presumptive evidence that any attorney performing criminal defense services pursuant to the auspices of this statute is currently certified to have met the standards and guidelines adopted by the board to provide criminal defense services in an effective manner. Nothing contained herein shall be construed to overrule, expand, or extend, whether directly or by analogy, the decision reached by the United States Supreme Court in Strickland v. Washington , 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984) nor its progeny as adopted by the Louisiana Supreme Court.

Acts 2007, No. 307, §1; Acts 2008, No. 220, §6, eff. June 14, 2008.
La. Rev. Stat. § 15:501 — LA Code / Code revised-statutes / Title 15 / Section 501
Notice of opposing party and opportunity to cross-examine expert; certification of subpoena request
Status: in_force

A. Except as provided in Subsection F of this Section, the party seeking to introduce a certificate made in accordance with R.S. 15:499 shall, not less than forty-five days prior to the commencement of the trial, give written notice of intent to offer proof by certificate. Such notice shall include a copy of the certificate.

B. The attorney for the defendant, or the defendant acting in his own defense, if not represented by counsel, may demand that the person making the examination or analysis testify by filing a written demand and serving it upon the department attorney, district attorney, or attorney general seeking to introduce the certificate. If such a demand is made timely as set forth below, the certificate shall not constitute prima facie proof of the facts thereon as set forth in R.S. 15:500.

C. Demand for the testimony of the person making the examination or analysis shall be filed and served by counsel for the defendant, or by a defendant acting as his own counsel, except as provided in Subsection F of this Section, within thirty days of the receipt of the notice provided for in Subsection A of this Section. The trial court may extend the period for good cause shown if such request is made prior to the expiration of the period.

D. If no request for additional time is made prior to the expiration of the period, an extension of time in which to make such a demand may be made only upon a showing of exceptional circumstances. Any allegation that such circumstances exist shall constitute a preliminary plea on the defendant's behalf for the purposes of Code of Criminal Procedure Article 580. The demand shall be made in writing and notice shall be served on the department attorney, district attorney, or the attorney general prosecuting the matter. The court shall conduct a contradictory hearing to determine if the extension is warranted.

E. The filing of a demand by the defendant does not prevent the admission of the certificate or its contents in any other manner otherwise appropriate pursuant to the Code of Evidence or its ancillaries.

F. A party in a case in juvenile court which is of a noncriminal nature seeking to introduce a certificate made in accordance with R.S. 15:499 shall, not less than five days prior to the commencement of the trial, give written notice of intent to offer proof of certificate. Such notice shall include a copy of the certificate. Demands for testimony made pursuant to Subsection B of this Section shall be made within three days of receipt of the notice.

Added by Acts 1976, No. 439, §1; Acts 1986, No. 675, §1; Acts 1990, No. 850, §1; Acts 2010, No. 693, §1; Acts 2020, No. 39, §1, eff. June 4, 2020.
La. Rev. Stat. § 15:1177 — LA Code / Code revised-statutes / Title 15 / Section 1177
Judicial review of administrative acts; exception
Status: in_force

A. Any offender who is aggrieved by an adverse decision, excluding decisions relative to delictual actions for injury or damages, by the Department of Public Safety and Corrections or a contractor operating a private prison facility rendered pursuant to any administrative remedy procedures under this Part may, within thirty days after receipt of the decision, seek judicial review of the decision only in the Nineteenth Judicial District Court or, if the offender is in the physical custody of the sheriff, in the district court having jurisdiction in the parish in which the sheriff is located, in the manner hereinafter provided:

(1)(a) Proceedings for review may be instituted by filing a petition for review in the district court within thirty days after receipt of the notice of the final decision by the agency or, if a rehearing by the agency is had or ordered by the court, within thirty days after the decision thereon. Copies of the petition shall be served upon the agency and all defendants, as provided by law.

(b) The only proper party defendant is the Department of Public Safety and Corrections when seeking judicial review of an administrative decision, excluding decisions relative to delictual actions for injury or damages, rendered pursuant to any administrative remedy procedures under this Part. For the purpose of this Section, the Department of Public Safety and Corrections means a correctional facility operated by the state of Louisiana or the Louisiana Correctional Facilities Corporation housing offenders sentenced to the custody of the Department of Public Safety and Corrections.

(2) The filing of the petition does not itself stay enforcement of the agency decision. The agency may grant, or the reviewing court may order, a stay ex parte upon appropriate terms.

(3) Within thirty days after service of the petition, or within further time allowed by the court, the agency shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. By stipulation of all parties to the review proceedings, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs related thereto. The court may require or permit subsequent corrections or additions to the record.

(4) The court may order that additional evidence be taken before the agency upon conditions determined by the court. However, discovery provisions of the Code of Civil Procedure pertaining to ordinary suits are inappropriate and not applicable in a suit for judicial review under this Part.

(5) The review shall be conducted by the court without a jury and shall be confined to the record. The review shall be limited to the issues presented in the petition for review and the administrative remedy request filed at the agency level. In cases of alleged irregularities in procedure before the agency, proof thereon may be taken in the court.

(6)(a) A party or agency who desires oral argument shall make a timely request for oral argument, as hereinafter provided. The request shall include a brief statement of why oral argument should be had. The court, in its discretion, may hear oral argument.

(b) A request for oral argument must be made by the plaintiff with the petition for review or by the agency or defendant with the transmission of the administrative record or answer to the reviewing court, unless an extension of time is granted by the court.

(c) A request for oral argument on an exception or motion must be filed by the movant with the filing of the exception or motion, and by the non-movant with the filing of any timely opposition to the exception or motion.

(7) In the event that no oral argument is ordered, the court shall allow the parties, including the agency, a reasonable time for filing a brief or memorandum concerning the issues before the court.

(8) The court may affirm the decision of the agency or remand the case for further proceedings, or order that additional evidence be taken.

(9) The court may reverse or modify the decision only if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:

(a) In violation of constitutional or statutory provisions.

(b) In excess of the statutory authority of the agency.

(c) Made upon unlawful procedure.

(d) Affected by other error of law.

(e) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

(f) Manifestly erroneous in view of the reliable, probative and substantial evidence on the whole record. In the application of the rule, where the agency has the opportunity to judge the credibility of witnesses by firsthand observation of demeanor on the witness stand and the reviewing court does not, due regard shall be given to the agency's determination of credibility issues.

(10) An aggrieved party may appeal a final judgment of the district court to the appropriate court of appeal.

B.(1) If an offender who files a complaint or grievance which is the subject of an application for judicial review is not in the physical custody of the Department of Public Safety and Corrections, or of a contractor operating a private prison facility, or of a sheriff when the decision is rendered with respect to the application for judicial review, the person against whom the complaint or grievance was filed may deliver that decision to the person who filed the complaint or grievance by mailing the decision by first class United States mail to the person who filed the complaint or grievance, at the most recent address provided by that person.

(2) If the decision is mailed to that person and cannot be delivered by the United States Postal Service, the envelope in which the decision was mailed, together with the notations made on that envelope by the United States Postal Service concerning the inability to deliver that envelope, may be introduced into evidence for the purpose of showing compliance with the provisions of this Subsection.

(3) If the judge finds that the person against whom the complaint or grievance was filed has used due diligence in mailing the decision, the court may determine that that person has complied with the provisions of this Subsection and has complied with the requirements of due process concerning notice of that decision.

C. This Section shall not apply to delictual actions for injury or damages, however styled or captioned. Delictual actions for injury or damages shall be filed separately as original civil actions. This Section shall not apply to the commitment and transfer of children under R.S. 15:901.

D. This Section shall provide the exclusive procedure and standard for review for all offenders as defined seeking review under this Part.

Acts 1987, No. 94, §1; Acts 1988, No. 212, §1; Acts 1993, No. 871, §§1, 3; Acts 1997, No. 575, §1; Acts 1997, No. 1216, §1; Acts 2002, 1st Ex. Sess., No. 89, §2, eff. April 18, 2002; Acts 2010, No. 135, §1.
La. Rev. Stat. § 15:1132 — LA Code / Code revised-statutes / Title 15 / Section 1132
Pre-sentence investigations
Status: in_force

A. If a defendant is convicted of an offense, the court may order a pre-sentence investigation in accordance with the provisions of Code of Criminal Procedure Article 875. This investigation shall undertake educational, medical, physical fitness, psychiatric, and social studies of the defendant.

B. The Department of Corrections or, with court approval, the pre-sentence and probation officers of the various courts are hereby authorized to enter into contracts with professional personnel to perform the tests. The report of the investigation shall make recommendations to the court as to the rehabilitation potential of the defendant, the stages required to make the defendant useful and productive, and as to whether the defendant should be placed on probation and the terms thereof or whether the defendant should be committed to a community rehabilitation center or prison, or to the Department of Corrections for assignment to an appropriate penal or correctional facility.

C. The court may postpone sentence until this report is received.

D. Any expenses of these tests may be assessed and taxed as costs and shall be payable by the defendant benefiting by them. An additional civil action to collect these costs shall not prescribe for five years.

Acts 1970, No. 441, §1; Acts 1983, No. 641, §1.
La. Rev. Stat. § 15:1031 — LA Code / Code revised-statutes / Title 15 / Section 1031
Establishment of parish schools for youths authorized
Status: in_force

The governing authorities of the parishes may establish, within their parishes, an industrial school for male youths of the age eighteen years, and under, convicted in the juvenile court of the parish for offenses within the jurisdiction of the juvenile court. Where any school has been so established, it shall be employed only for the delinquent juveniles convicted within the parish, and shall be known as the "Parish Industrial School for Youths."

Amended by Acts 1972, No. 372, §1; Acts 2019, No. 104, §3.
La. Rev. Stat. § 15:436.1 — LA Code / Code revised-statutes / Title 15 / Section 436.1
Photographs of objects of theft; affidavit of value and ownership; notice to defendant
Status: in_force

A. A photograph of property alleged to be the object of a theft, otherwise admissible, may be admitted as evidence without regard to the availability of the property itself.

B. An affidavit of the value and ownership of property which is alleged to be the object of a theft shall be admissible in evidence under the following circumstances:

(1) The affidavit shall be upon personal knowledge and shall state the basis for such knowledge;

(2) The affidavit shall be paraphed for identification with the photograph taken pursuant to Subsection A, and

(3) The state shall give written notice of its intent to introduce the affidavit, along with a copy of the affidavit and photograph, not less than ten days prior to commencement of the trial.

C. An affidavit admitted pursuant to Subsection B shall be deemed prima facie evidence of the value and ownership of the property alleged to be the object of a theft. Provided, however, that if the defendant files a written objection to the admission of the affidavit within three days prior to the commencement of trial, the affidavit shall not be admissible and shall not be deemed to be prima facie evidence of the value and ownership of the property.

Added by Acts 1978, No. 243, §1.