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2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:891. Location of prison facilities

RS 15:891 - Location of prison facilities
A. No state prison (other than the Louisiana State Penitentiary at Angola), lockup, camp, quarter boat, or other state owned and operated correctional facility for the purpose of housing any prisoners or inmates shall be purchased, constructed, located, established, enlarged, or changed in character by the type or classification of prisoners or inmates housed therein within two miles of any residential area until the procedures required by Subsection B hereof have been complied with. An area shall be considered a residential area if it has been zoned or designated as such by the appropriate local governing authority or if within an area of one-quarter square mile or larger there is a population density of two thousand or more persons per square mile.
B. Prior to locating any prison facility in a residential area, the Department of Corrections shall:
(1) Notify the parish governing authority of the parish wherein the proposed site is located and, if the site is located within a municipality, the governing authority of the municipality. The notice shall specify the precise location of the proposed site, the exact type of criminals to be incarcerated at the facility, the general degree of security and the type of construction planned, and the date, time, and location of the public hearing required by Paragraph 3 below, which shall be held not less than thirty days after receipt of the notice by the appropriate governing authorities.
(2) Publish the notice required by Paragraph 1 hereof in the official parish journal at least once a week for the two consecutive weeks preceding the hearing.
(3) Hold a public hearing in the parish where the proposed site is located and, if the site is located within any municipality, hold a hearing within the municipality, at which any interested person or public official may appear.
(4) Consider the information received as a result of the public hearing for a period of not less than thirty days after the hearing before rendering a final decision on the location of the facility.
(5) Upon rendering its final decision, promptly notify the governing authorities specified in Paragraph 1 of the decision.
C. The provisions of this Section shall not apply when the location of a prison facility in the parish has been approved by referendum.
Added by Acts 1978, No. 696, §1, eff. July 14, 1978.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:892. Women's correctional facility

RS 15:892 - Women's correctional facility
The Louisiana Department of Corrections is hereby authorized to create and establish and to operate and maintain a women's correctional facility in the vicinity of St. Gabriel for women convicted of felonies and sentenced to imprisonment in this state. This facility shall be known as "Louisiana Correctional Institute for Women".
Added by Acts 1968, No. 246, §1. Amended by Acts 1970, No. 367, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:892.1. Standards and requirements for the incarceration of women

RS 15:892.1 - Standards and requirements for the incarceration of women
A. As used in this Section, the following words shall have the following meanings:
(1) "Correctional facility" means any jail, prison, penitentiary, juvenile institution, temporary holding center, or detention facility.
(2) "Correctional facility employee" means any employee of a correctional facility.
(3) "Custodian" means a warden, sheriff, deputy sheriff, or law enforcement officer.
(4) "State of undress" means not dressed or not fully dressed.
B.(1) A custodian shall make healthcare products available to all women incarcerated in a correctional facility at no cost and in a quantity that is appropriate to the needs of the woman without a medical permit. Custodians shall not require that a woman be diagnosed with an illness to access healthcare products. Custodians shall make healthcare products available in housing units and in the medical area of a correctional facility.
(2) Healthcare products, as used in this Section, shall include all of the following:
(a) Feminine hygiene products.
(b) Moisturizing soap that is not lye-based.
(c) Toothbrushes.
(d) Toothpaste.
(e) Any other healthcare product the custodian deems appropriate.
C.(1) A male correctional facility employee shall not conduct a pat-down search or body cavity search on an incarcerated woman unless the woman presents an immediate risk of harm to herself or others and a female correctional facility employee is not available.
(2) A male correctional facility employee shall announce his presence upon entering a housing unit for incarcerated women.
(3) A male correctional facility employee shall not enter into an area of the correctional facility in which incarcerated women may be in a state of undress or an area where incarcerated women in a state of undress may be viewed including but not limited to restrooms, shower areas, or medical treatment areas. If a female correctional facility employee is not available or if a female correctional facility employee requires assistance, a male correctional facility employee may enter into an area as provided in this Paragraph in the event of a medical emergency or if an incarcerated woman presents an immediate risk of harm to herself or others.
(4) If a male correctional facility employee conducts a pat-down search or body cavity search or enters a prohibited area in an emergency situation as provided in Paragraphs (1) and (3) of this Subsection, the custodian or a correctional facility employee shall document the incident, including the circumstances necessitating the male correctional facility employee's actions, no later than three days after the incident. The custodian shall review and retain all documentation.
D. The Department of Public Safety and Corrections shall promulgate rules and regulations in accordance with the Administrative Procedure Act to effectuate the provisions of this Section.
Acts 2018, No. 392, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:893. Adult correctional institutions

RS 15:893 - Adult correctional institutions
A. The Department of Public Safety and Corrections, with the approval of the Board of Corrections1 and the governor, is hereby authorized to create, establish, operate, and maintain such adult correctional institutions as may be needed to fulfill the department's obligations, provided necessary funds have been appropriated by the Louisiana Legislature.
B. The Department of Public Safety and Corrections may house inmates in tent or tent-like structures unless prohibited by federal law or a specific court order.
Added by Acts 1968, No. 246, §1. Amended by Acts 1975, No. 572, §1; Acts 1997, No. 1272, §1.
1Bd. of Corrections repealed by Acts 1981, No. 873, §4.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:893.1. Inmates who may not be assigned to J. Levy Dabadie Correctional Center

RS 15:893.1 - Inmates who may not be assigned to J. Levy Dabadie Correctional Center
The Department of Public Safety and Corrections, corrections services, shall not assign any inmate included in the categories listed below to serve any portion of his term at the correctional institution at J. Levy Dabadie Correctional Center:
(1) Inmates who have been convicted of first or second degree murder, aggravated or first degree rape, aggravated kidnapping, armed robbery, aggravated arson, or a sex offense as defined in R.S. 15:541.
(2) Inmates who have a balance of time extending beyond fifteen years to the earliest release date.
(3) Inmates sentenced pursuant to R.S. 15:529.1 et seq. if the instant offense is a third felony conviction or greater.
(4) Inmates who do not qualify for minimum custody status (trustee).
(5) Inmates with records, either arrest or institutional records, which reveal compulsive or habitual use of violence against the person.
(6) Inmates whose presence in the community is likely to evoke adverse public reaction.
(7) Persons who are currently under or who have demonstrated a need for extensive or intensive medical treatment. At the time treatment has been completed and such termination of services has been documented by competent medical staff, persons may be considered as eligible for transfer.
(8) Persons who have escaped or who have abetted an escape or have attempted to escape within a period of the last seven years.
(9) Persons who have demonstrated an overt-aggressive pattern of homosexual behavior to the extent that it would disrupt the smooth daily operation of the institution.
(10) Inmates whose institutional records reflect habitual and compulsive violent behavior, consistent signs of bad work habits, lack of cooperation or good faith, or other undesirable behavior.
Added by Acts 1977, No. 700, §1; Acts 1993, No. 133, §1; Acts 1995, No. 320, §1, eff. June 16, 1995; Acts 1995, No. 914, §1, eff. June 28, 1995; Acts 2001, No. 1206, §1; Acts 2003, No. 635, §1; Acts 2007, No. 137, §1; Acts 2009, No. 266, §1; Acts 2010, No. 560, §1; Acts 2015, No. 184, §2.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:894. Diagnostic and treatment center

RS 15:894 - Diagnostic and treatment center
The State Department of Institutions is hereby authorized to create and establish and to operate and maintain a diagnostic and treatment center, which may consist of one or more branches and which shall undertake medical, educational, psychiatric and social studies of persons committed to facilities under the jurisdiction of the State Department of Institutions. The department also may provide for the training of psychiatrists, neurologists, special educators, psychologists, nurses, technicians, social workers, occupational therapists, physicians and other professional trainees whose services shall be utilized in the operation of said center.
Added by Acts 1968, No. 246, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:895. Geriatric correctional facilities; establishment as a pilot project; report

RS 15:895 - Geriatric correctional facilities; establishment as a pilot project; report
A. In order to find ways to limit potentially high costs, to reduce the pressure on available high level security prison facilities, and to increase the efficiency and effectiveness of the correctional process relative to older prisoners, the state, through the Department of Public Safety and Corrections, shall undertake a planning process for the proper management of an increasingly older prison population.
B. At a minimum, the planning process required in this Section, shall include:
(1) A review of the status of the existing long-term adult prison population with regard to:
(a) Age.
(b) Health.
(c) Projected health care needs.
(d) Level of risk for violence or escape.
(2) A review of the mechanisms used to manage the incarceration of and health care needs of the geriatric long-term prisoner.
(3) A review of the alternatives to maintaining geriatric long-term prisoners in traditional prison settings.
(4) The conduct of a pilot project using an alternative prison setting, which pilot shall include the use of any state-owned facility available to house geriatric prisoners who present a low risk of violence or escape with a concomitant reduction in the level of security and an increase in the level of preventive health care.
(5) A summary and comparison of the anticipatable costs, short and long-term, of continuing traditional prison maintenance of the long-term geriatric prisoner versus the alternate presented by the pilot project required in Paragraph (4) of this Subsection.
(6) Report of the information generated as required in this Subsection to the Joint Legislative Committee on the Budget along with the department's recommendations regarding action. The first report required by this Paragraph shall be submitted no later than one year after the establishment of the pilot project. Revisions or further reporting may occur thereafter as the department deems necessary.
Acts 1990, No. 407, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:901.1. Juvenile substance abuse programs; locations

RS 15:901.1 - Juvenile substance abuse programs; locations
A. The Department of Public Safety and Corrections shall establish, operate, and maintain a juvenile substance abuse program on the premises of the Louisiana Training Institute in East Baton Rouge Parish, or at any other appropriate juvenile institution under the direction of the department, which shall be made available to all juveniles assigned to the institution.
B. The program shall be maintained as a specialized treatment service provided as a supplemental service to the regular rehabilitative counseling program being provided at the institution. The department shall assign appropriate staff with training and experience in the field of substance abuse counseling to design and implement this treatment service.
Added by Acts 1981, No. 126, §2; Acts 1986, No. 737, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:902. Juvenile institutions

RS 15:902 - Juvenile institutions
The Department of Public Safety and Corrections shall establish, operate, and maintain the Louisiana Training Institute for juveniles at locations situated to meet the regional needs of the state.
Added by Acts 1970, No. 353, §1. Acts 1989, No. 4, §1, eff. June 1, 1989; Acts 1991, No. 467, §2.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:902.1. Transfer of adjudicated juvenile delinquents

RS 15:902.1 - Transfer of adjudicated juvenile delinquents
Notwithstanding Title VIII of the Louisiana Children's Code or any other provision of law, the secretary of the department may promulgate rules and regulations to authorize the transfer of adjudicated juvenile delinquents to adult correctional facilities when the delinquents have attained the age of seventeen years, the age of full criminal responsibility.
Acts 1997, No. 1063, §1, eff. July 14, 1997.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:903. Separate facilities for males and females

RS 15:903 - Separate facilities for males and females
The Department of Corrections is authorized to provide separate facilities for male and female juveniles committed to it. These separate facilities may be provided at whatever location or locations the Department of Corrections deems advisable.
Added by Acts 1970, No. 353, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:903.1. Tiered system of secured juvenile facilities

RS 15:903.1 - Tiered system of secured juvenile facilities
A. Notwithstanding any other provisions of law to the contrary, the deputy secretary for youth services shall adopt rules to develop and implement a tiered system of secure juvenile facilities in the state for the placement of children in the custody of the office of juvenile justice. The tiered system shall be developed and implemented for the placement of low risk, medium risk, and high risk children. The rules shall be adopted no later than January 1, 2023, and shall be adopted in accordance with the Administrative Procedure Act.
B. The rules, at a minimum, shall include all of the following:
(1) An assessment of each child to be performed upon placement in the custody of the office of juvenile justice and at other times determined necessary by the deputy secretary. The assessment shall be used to classify each child as high risk, medium risk, or low risk by evaluating risk factors, including but not limited to age, sex, criminogenic, and aggressive tendencies. The results of an assessment shall determine facility placement of a child.
(2) A medical, educational, and psychological evaluation of each child to be performed upon placement in the custody of the office of juvenile justice.
(3) A continuum of care plan for each child in the custody of the office of juvenile justice, which, at a minimum, shall include treatment, service, academic, and vocational opportunities.
C. For the purposes of this Section:
(1) A child is deemed "in the custody of the office of juvenile justice" if he is judicially committed to the Department of Public Safety and Corrections, youth services, office of juvenile justice, regardless of where the child is physically held, including but not limited to state-run secure facilities, state-run nonsecure facilities, contracted facilities, and detention centers.
(2) A "juvenile facility" is any facility in which a child judicially committed to the office of juvenile justice is placed, whether the facility is run directly by the state or contracted by any agency of the state.
Acts 2022, No. 693, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:904. Superintendent; powers and duties

RS 15:904 - Superintendent; powers and duties
The secretary of public safety and corrections shall appoint a superintendent for each juvenile institution under the administration of the department and shall enumerate his powers and duties.
Added by Acts 1970, No. 353, §1; Acts 1991, No. 467, §2.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:905.1. Cecil J. Picard Educational and Recreational Center; rates and fees

RS 15:905.1 - Cecil J. Picard Educational and Recreational Center; rates and fees
A. In accordance with the provisions of R.S. 39:11 et seq., responsibility for the Cecil J. Picard Educational and Recreational Center, including all lands, property, facilities, equipment, or any other corporeal movable property which is part of the facility as of the effective date of this Section, shall be transferred from the Department of Education to the Department of Public Safety and Corrections, office of juvenile justice.
B. In addition to the juvenile institutions, facilities, and programs under the administration and the affairs of the Department of Public Safety and Corrections, office of juvenile justice, as provided in R.S. 15:905, the office of juvenile justice shall exercise all powers, duties, functions, and responsibilities in connection with the management and operation of the Cecil J. Picard Educational and Recreational Center in the city of Bunkie.
C. The deputy secretary for youth services may set rental rates and usage fees for the Cecil J. Picard Educational and Recreational Center. Additionally, the deputy secretary for youth services shall establish all rules and regulations necessary for the operation of the facility consistent with the mission of the office of juvenile justice and to provide opportunities for youths.
Acts 2014, No. 725, §1, eff. July 1, 2014.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:906. Release from commitment

RS 15:906 - Release from commitment
A. Except as provided for in Children's Code Article 897.1, the Department of Public Safety and Corrections may recommend to the committing court the release of any juvenile committed to its care, who, in the opinion of the department, is ready to be returned to his own home, or to a substitute home. Such juvenile may be discharged by the court without supervision or may be placed under supervision until further orders of the court.
B. It is hereby declared to be the public policy of this state that commitment of a juvenile to the care of the department is not punitive nor is it in any way to be construed as a penal sentence, but as a step in the total treatment process toward rehabilitation of the juvenile and that, therefore, the recommendations of the department should be given careful consideration by the court in determining what is to the best interest of the juvenile. If, after release from the care of the department, but while the juvenile is still under the supervision of the court, the court deems it advisable to return the juvenile to the care of the department, a recommitment order shall be furnished the department.
C. In cases governed by Children's Code Article 897.1, it is hereby declared to be the public policy of this state that commitment of a juvenile to the custody of the Department of Public Safety and Corrections for confinement in secure placement without benefit of parole, probation, suspension of imposition or execution of sentence, or modification of sentence, is necessary and proper because for these very serious offenses the protection of society is the primary objective. The goal of such confinement is rehabilitative, as rehabilitation furthers public safety.
Added by Acts 1970, No. 353, §1. Acts 1993, No. 430, §1; Acts 2004, No. 484, §2; Acts 2018, No. 467, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:907. Return of juveniles to committing court for transfer

RS 15:907 - Return of juveniles to committing court for transfer
A. The Department of Corrections may recommend the return to the committing court, of any juvenile committed to the care of the Department of Corrections with recommendations for the transfer of the juvenile to such other agency or facility which may be available to best serve the needs of the juvenile.
B. Repealed by Acts 1978, No. 497, §1.
Added by Acts 1970, No. 353, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:908. Student furlough program

RS 15:908 - Student furlough program
A. The secretary for the Department of Public Safety and Corrections may authorize a temporary furlough to deserving students of any juvenile institution, unless, after receiving notification of the proposed furlough, the juvenile court having jurisdiction or the district attorney notifies the department of its objection. If the district attorney objects, the court shall set the matter for a contradictory hearing. The temporary furlough is to serve as a rehabilitative tool to assist the child in maintaining family and community relations during the period of his commitment. A temporary furlough as provided herein is not to be considered a release from commitment and does not affect the jurisdiction of the juvenile court or the authority of the department as to the children granted a temporary furlough.
B. A responsible member of the child's family or other previously approved adult must sign a custody receipt and provide transportation for the child to and from the juvenile institution.
Added by Acts 1975, No. 449, §1. Acts 1993, No. 430, §1; Acts 2004, No. 484, §2.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:909. Reporting of escapes from state juvenile institutions; records

RS 15:909 - Reporting of escapes from state juvenile institutions; records
A. The superintendent or highest ranking employee of the Department of Public Safety and Corrections, Corrections Services, or the person acting on behalf of the department, who is physically present at and in charge of a juvenile institution at the time of an escape from that institution shall, within ten minutes after being notified that a child or offender has escaped from or left the premises or grounds of the institution without authority, notify or take necessary steps to insure the notification of every law enforcement agency as defined in this Section.
B. The superintendent or person in charge of a state juvenile institution shall maintain a record and description of every escape from the juvenile institution of which the superintendent has control. The record shall list the date and time of the escape, the number of offenders who escaped, the offenses for which the escapees were placed at the institution, the name of each law enforcement agency notified of the escape, the time each law enforcement agency was notified and the name of the person receiving the notice, and the name of the department employee or agent who notified that law enforcement agency. The report shall be available for public inspection and shall list all prior escapes, if any, from the institution within the last five years of the date of the last escape. A copy of the report shall be delivered to each law enforcement agency as defined in this Section.
C. The secretary of the department shall promulgate rules and regulations to insure the immediate reporting of all escapes from juvenile institutions as required by this Section.
D. As used in this Section, "law enforcement agency" means the sheriff's office, all police departments in the parish, and the office of state police.
Acts 1990, No. 977, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:910. Juvenile offenders; collection of parental support payments for cost of care

RS 15:910 - Juvenile offenders; collection of parental support payments for cost of care
A. When the Department of Public Safety and Corrections provides for care and treatment of a child assigned to a secure juvenile institution under the provisions of this Part, the parent or legal guardian for the juvenile offender shall be required to provide support for the cost of such care and treatment in a manner consistent with applicable federal and state regulations, and commensurate with ability to pay, in accordance with a sliding scale established by R.S. 9:315 through 9:315.15. Regulations established by the department to compute the parent's financial responsibility shall take into consideration other children living in the home. In assessing the amount of support, the department shall insure that the support payment does not exceed the cost to the department nor shall the cost basis include costs exclusively associated to confinement such as, but not necessarily limited to, security.
B. At the time the juvenile offender is assigned to the secure institution, the department shall notify the parent or legal guardian of his responsibility to provide support and shall bill him on a periodic basis, but no less than quarterly, for the amount due. The department shall make every reasonable effort to notify the person liable for support under the provisions of this Section as soon as possible after placement of the juvenile. Notice or receipt of notice shall not be a condition of liability.
C. Payments shall be made to the department and shall be deposited in the state treasury.
D. In the event of default, the department shall exercise all administrative and legal remedies provided by law or regulation to enforce the provisions of this Section, including the imposition of reasonable administrative costs, costs of court, and attorney fees. It is permissible for the department to enter into an agreement with other public agencies or to contract with the private sector for collection of debts owed to the state under provisions of this Section.
Acts 1990, No. 513, §1, eff. Sept. 1, 1990.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:1172. Administrative remedies; applicability; initiation

RS 15:1172 - Administrative remedies; applicability; initiation
A. Upon adoption of the administrative remedy procedure, in accordance with the Administrative Procedure Act, and the implementation of the procedure within the department or by the sheriff, this procedure shall constitute the administrative remedies available to offenders for the purpose of preserving any cause of action they may claim to have against the state of Louisiana, the Department of Public Safety and Corrections, or its employees, the contractor operating a private prison facility or any of its employees, shareholders, directors, or officers, or a sheriff, or his employees or deputies. Any administrative remedy procedure in effect on January 1, 2001, including the procedure published in LAC 22:I.325, is deemed to be in compliance with the provisions of this Section.
B.(1) An offender shall initiate his administrative remedies for a delictual action for injury or damages within ninety days from the day the injury or damage is sustained.
(2) The department is authorized to establish deadlines for an offender to initiate administrative remedies for any nondelictual claims.
(3) The department is authorized to establish deadlines for the procedures and processes contained in the administrative remedy procedure provided in LAC 22:I.325.
C. If an offender fails to timely initiate or pursue his administrative remedies within the deadlines established in Subsection B of this Section, his claim is abandoned, and any subsequent suit asserting such a claim shall be dismissed with prejudice. If at the time the petition is filed the administrative remedy process is ongoing but has not yet been completed, the suit shall be dismissed without prejudice.
D. Any contractor operating a private prison facility shall adhere to all provisions of this Part and the administrative remedy procedures adopted by the department in accordance with this Part.
E. Liberative prescription for any delictual action for injury or damages arising out of the claims asserted by a prisoner in any complaint or grievance in the administrative remedy procedure shall be suspended upon the filing of such complaint or grievance and shall continue to be suspended until the final agency decision is delivered.
Acts 1985, No. 672, §1; Acts 1987, No. 94, §1; Acts 1988, No. 212, §1.; Acts 1993, No. 871, §1; Acts 2001, No. 613, §1; Acts 2002, 1st Ex. Sess., No. 89, §2, eff. April 18, 2002.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:1174. Definitions

RS 15:1174 - Definitions
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.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:1176. Records, confidentiality

RS 15:1176 - Records, confidentiality
Before any cause of action may be heard in any state or federal court, administrative remedies must be exhausted under the procedure authorized by this Part. Therefore, in addition to any other provisions of law providing for the confidentiality of records of the Department of Public Safety and Corrections, including any records maintained by a contractor of a private prison facility, or a sheriff, all reports, investigations, and like supporting documents prepared by the department, a contractor, or a sheriff for purposes of responding to the offender's request for an administrative remedy shall be deemed to be prepared in anticipation of litigation and are confidential and not subject to discovery by the offender in any civil action which may follow his request for an administrative remedy. All formal written responses to the offender's request shall be furnished to the offender as a matter of course, as required by the procedure.
Acts 1985, No. 672, §1; Acts 1988, No. 212, §1; Acts 1993, No. 871, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:1178. Judicial screening

RS 15:1178 - Judicial screening
A. When a clerk of court receives a petition for judicial review filed under the provisions of R.S. 15:1177, the clerk shall transmit the petition to the appropriate division or official of the court prior to taking any action on the petition.
B. The court, as soon as practicable after receiving the petition, shall review the petition to determine if the petition states a cognizable claim or if the petition, on its face, is frivolous or malicious, or fails to state a cause of action, or seeks monetary damages from a defendant who is immune from liability for monetary damages.
C. If the court determines that the petition states a cognizable claim, the court shall return the petition to the clerk of court for service of process.
D. If the court determines that the petition, on its face, is frivolous, or fails to state a cause of action, or seeks monetary damages from a defendant who is immune from liability for monetary damages, the court may dismiss the petition, or any portion of the petition, without requiring the exhaustion of administrative remedies.
Acts 1997, No. 716, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:1179. Service of process

RS 15:1179 - Service of process
The clerk of court shall not order service of process with respect to any petition filed under the provisions of R.S. 15:1177 until the petition has been reviewed by the court and has been found to state a cognizable claim.
Acts 1997, No. 716, §1; Acts 2002, 1st Ex. Sess., No. 89, §2, eff. April 18, 2002.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:921. Youthful Offender Management Dedicated Fund Account; creation

RS 15:921 - Youthful Offender Management Dedicated Fund Account; creation
A. All probation and parole supervision fees received by the Department of Public Safety and Corrections pursuant to Children's Code Articles 781.1 and 901.1 and any amounts appropriated by the legislature to the Youthful Offender Management Dedicated Fund Account shall be deposited immediately upon receipt into the state treasury.
B. After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana, relative to the Bond Security and Redemption Fund, and prior to monies being placed in the state general fund, an amount equal to that deposited as required by Subsection A of this Section shall be credited to the special agency account hereby created in the state treasury to be known as the "Youthful Offender Management Dedicated Fund Account". The monies in this account shall be used solely as provided by Subsection C of this Section and only in the amounts appropriated by the legislature. All unexpended and unencumbered monies in this account at the end of the fiscal year shall remain in such account. Funding deposited into the account shall be considered fees and self-generated revenues and shall be available for annual appropriations by the legislature.
C. The monies in the Youthful Offender Management Dedicated Fund Account shall be used solely by the department to supplement appropriated funds for salaries and other category expenditures within the office of juvenile justice deemed necessary by the secretary of the department, and to defray cost of collection and disbursement of monetary assessments imposed as a condition of probation and parole, including reasonable attorney fees.
Acts 1990, No. 324, §1; Acts 1992, No. 297, §1; Acts 2006, No. 640, §§1, 4, eff. June 27, 2006; Acts 2008, No. 565, §1; Acts 2018, No. 612, §4, eff. July 1, 2020; Acts 2019, No. 404, §1, eff. July 1, 2020.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:931. Purpose and policy

RS 15:931 - Purpose and policy
It is hereby declared to be the policy of the state of Louisiana that all government agencies and officers, all government subdivisions, and all organizations and individuals working with children in the juvenile justice system shall conduct a continuing inquiry into the efficacy, cost effectiveness, and impact on public safety of the treatment and supervision methods that the juvenile justice system employs. The purpose of this policy is to promote accountability, efficiency, and cost effectiveness, and to facilitate continuous improvement by requiring regular reporting of clear and reliable data on Louisiana's juvenile justice system.
Acts 2016, No. 499, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:932. Definitions

RS 15:932 - Definitions
As used in this Subpart, the following words shall have the following meaning:
(1) "Episode" shall mean a singular instance in which a youth is placed under the supervision, care, or custody of the office of juvenile justice.
(2) "Office of juvenile justice" or "the office" shall mean the Department of Public Safety and Corrections, youth services, office of juvenile justice.
Acts 2016, No. 499, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:934. Detention centers

RS 15:934 - Detention centers
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.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:941. Purpose and policy

RS 15:941 - Purpose and policy
It is hereby declared to be the policy and intent of the state of Louisiana to promote public safety and expend taxpayer funds responsibly through the use of evidence-based treatment programs and practices at the local level and to reinvest a portion of juvenile justice savings into community-based programs and services.
Acts 2016, No. 499, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:942. Definitions

RS 15:942 - Definitions
For the purposes of this Subpart, the following words shall have the following meaning:
(1) "Commission" shall mean the Louisiana Commission on Law Enforcement and Administration of Criminal Justice.
(2) "Out-of-home placement" shall mean placement of a child in a juvenile detention center, or commitment of the child to the legal custody of the office of juvenile justice, pursuant to Titles VII and VIII of the Louisiana Children's Code. A child is deemed in the legal custody of the office of juvenile justice from the day of judicial commitment, whether or not the child is in the physical custody of the office of juvenile justice.
(3) "Program" shall mean the Juvenile Justice Reinvestment Program, a fiscal incentive program to fund local efforts that enhance public safety while reducing juvenile justice system costs.
Acts 2016, No. 499, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:943. Program

RS 15:943 - Program
A. There is hereby established, within the Louisiana Commission on Law Enforcement and Administration of Criminal Justice, the Juvenile Justice Reinvestment Program as a fiscal incentive program to fund local efforts that enhance public safety while reducing juvenile justice system costs.
B. Funds appropriated for the program shall be utilized for renewable grants to be awarded to judicial districts, or groups of judicial districts, for the purpose of establishing community-based sanction and treatment programs, including reentry programs, that provide alternatives to out-of-home placement.
Acts 2016, No. 499, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:944. Program funding

RS 15:944 - Program funding
A. Before January 1, 2017, the Louisiana Commission on Law Enforcement and Administration of Criminal Justice shall determine the following:
(1) A baseline for calculating reductions and increases in custody placements using Fiscal Year 2016 data that includes all commitments to office of juvenile justice custody from each judicial district in the state.
(2) The average cost per day per child to the state for secure custody and the average cost per day per child to the state for nonsecure custody.
B.(1) Beginning February 1, 2017, and continuing on February first of each subsequent year, the Louisiana Commission on Law Enforcement and Administration of Criminal Justice shall make a report on the fiscal impact realized as a result of reductions or increases in custody placements.
(2) The report shall be calculated based on the determinations required in Subsection A of this Section and based on the total number of days spent in custody by children in the same fiscal year, disaggregated by judicial district of origin of each child. The office of juvenile justice shall provide data to the Louisiana Commission on Law Enforcement and Administration of Criminal Justice as necessary for the report.
(3) The report shall be sent to the commissioner of administration, the chair of the Senate Committee on Finance, the chair of the House Committee on Appropriations, and the chair of the Juvenile Justice Reform Act Implementation Commission.
C. It is the intent of the legislature, that beginning in the fiscal year that starts July 1, 2017, and continuing indefinitely on an annual basis, a minimum of seventy-five percent of all savings realized by the state from reductions in custody placements below the Fiscal Year 2016 baseline be designated by the governor and appropriated by the legislature for use in funding the Juvenile Justice Reinvestment Program.
Acts 2016, No. 499, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:971. Legislative intent

RS 15:971 - Legislative intent
The Louisiana Legislature recognizes the need for intervention in the lives of juvenile offenders to provide them with the opportunity to lead successful, productive lives. This legislature also recognizes the importance of providing family-centered services to assist the family of a juvenile offender in recognizing harmful behaviors and to provide the family with the tools to correct such behavior. It is critical that the Louisiana Legislature create a cost-effective pilot program in this state to treat at risk juveniles and their families by utilizing evidence-based practices which have demonstrated effectiveness in terms of significant reductions in the recidivism rate of juvenile offenders.
Acts 2009, No. 170, §1, eff. when sufficient funds are appropriated.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:972. Definitions

RS 15:972 - Definitions
For purposes of this Part:
(1) "Evidence-based practices" shall mean practices which have been documented based upon scientific research to demonstrate effectiveness in terms of a reduction in recidivism rates among participants.
(2) "Office" shall mean the Department of Public Safety and Corrections, youth services, office of juvenile justice.
Acts 2009, No. 170, §1, eff. when sufficient funds are appropriated.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:973. Functional Family Therapy Pilot Program; creation

RS 15:973 - Functional Family Therapy Pilot Program; creation
A. The Department of Public Safety and Corrections, youth services, office of juvenile justice, shall establish and maintain a pilot program to provide services to at-risk juveniles and their families based upon a functional family therapy model of intervention. This model of intervention shall be based upon evidenced-based practices. This pilot program shall provide services which shall include but are not limited to substance abuse counseling and interventions aimed at enhancing interpersonal relationships, developing conflict resolution skills, and developing coping mechanisms for managing anger and stress.
B. The office is hereby authorized to enter into cooperative endeavor agreements or contracts with any department or agency of the state or federal government, any nonprofit organization, any public or private service provider, or any community-based organization which the office determines to be capable of providing the services required by the provisions of this Part.
C. The office shall adopt rules in accordance with the Administrative Procedure Act to implement the provisions of this Part. Those administrative rules shall establish the location or locations of the pilot program, the duration of the program, and all other parameters of the program.
Acts 2009, No. 170, §1, eff. when sufficient funds are appropriated.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:974. Eligibility for participation

RS 15:974 - Eligibility for participation
A. Except as otherwise provided in Subsection B of this Section, juveniles who are eleven years of age or greater, but less than eighteen years of age who have been adjudicated delinquent pursuant to the provisions of Title VIII of the Children's Code may be eligible to participate in the pilot program established pursuant to the provisions of this Part.
B. The following juveniles shall not be eligible for participation in the pilot program:
(1) A juvenile who is subject to the jurisdiction of the criminal court or has been transferred to the criminal court for prosecution as an adult.
(2) A juvenile who is accused of committing a sex offense as defined in R.S. 15:541.
(3) A juvenile who is accused of committing a crime of violence as defined in or as enumerated in R.S. 14:2.
Acts 2009, No. 170, §1, eff. when sufficient funds are appropriated.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:1031. Establishment of parish schools for youths authorized

RS 15:1031 - Establishment of parish schools for youths authorized
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.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:1032. Commitment to parish school

RS 15:1032 - Commitment to parish school
Where any parish school has been established the judge or judges of the juvenile court within the parish shall have the discretionary authority to commit any male youth tried and convicted under the laws of Louisiana, to the Parish Industrial School for Youths within the parish, for an indefinite period, but in no case beyond the majority of the person so convicted.
The fact that juveniles have been sentenced by the court to the school shall never be received in evidence by the court of this state in any proceeding involving or affecting the person.
Amended by Acts 1972, No. 372, §1.