reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2327. Issuance of local bonds; state refunds

RS 40:2327 - Issuance of local bonds; state refunds
In order to accelerate the completion of water quality control projects, any political subdivision making application for a Federal Water Quality Administration grant, may, with the approval of the state treasurer and the Louisiana Department of Health, if state funds as set forth in R.S. 40:2324 through R.S. 40:2326 herein are not available for participation in the cost of the project when application is made, obligate the political subdivision to provide local funds to pay that portion of the cost of the project that is anticipated to be borne by the state, and the state shall refund the amount expended on its behalf by the political subdivision, from the first funds available under the provisions of R.S. 40:2326 and this Section, and not later than September 1, 1975.
Acts 1970, No. 171, §7, emerg. eff. June 29, 1970 at 7:00 P.M. Amended by Acts 1971, No. 146, §1; Acts 1972, No. 615, §1; Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2401. Findings and policy

RS 40:2401 - Findings and policy
The legislature finds that law enforcement work is of such importance to the health, safety and welfare of the people of this state and is of such a nature as to require education and training of a professional character. The needs of such education and training can be met only by programs adequate in quality and scope and made available to those persons who are serving as such officers including those in a temporary or probationary capacity. Education should also be made available to persons who seek to become peace officers, and this education should be supervised by a special council composed of persons experienced in law enforcement work and the training therefor rather than any other general board composed of nonlaw enforcement members.
Added by Acts 1976, No. 397, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2401.1. Prohibition against quotas

RS 40:2401.1 - Prohibition against quotas
A. No municipality or any police department thereof, nor any parish or any sheriff's department thereof, shall establish or maintain, formally or informally, a plan to evaluate, promote, compensate, or discipline a law enforcement officer on the basis of the officer making a predetermined or specified number of any type or combination of types of arrests or require or suggest to a law enforcement officer, that the law enforcement officer is required or expected to make a predetermined or specified number of any type or combination of types of arrests within a specified period.
B. No municipality or any police department thereof, nor any parish or any sheriff's department thereof, shall establish or maintain, formally or informally, a plan to evaluate, promote, compensate, or discipline a law enforcement officer on the basis of the officer's issuance of a predetermined or specified number of any type or combination of types of traffic citations or require or suggest to a law enforcement officer, that the law enforcement officer is required or expected to issue a predetermined or specified number of any type or combination of types of traffic citations within a specified period.
C. No state agency, political subdivision, or law enforcement agency shall offer a financial reward or other benefit to a law enforcement officer which is determined by or based on the number of citations issued.
D. This Section shall not prohibit a municipality from obtaining budgetary information from a municipal court or a municipal court of record, including an estimate of the amount of money the court anticipates will be collected in a budget year.
Acts 2008, No. 479, §1, eff. June 25, 2008.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2401.2. Recruitment of minority candidates

RS 40:2401.2 - Recruitment of minority candidates
The council shall develop a policy designed to increase the recruitment of minority candidates for law enforcement positions which may be implemented by governmental entities that employ a peace officer. All governmental entities that employ a peace officer shall either develop and implement a policy designed to increase the recruitment of minority candidates for peace officer positions or adopt and implement the P.O.S.T. recruitment of minority candidate policy referenced in this Section.
Acts 2021, No. 418, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2401.3. Requirement for grant applications

RS 40:2401.3 - Requirement for grant applications
In order to be eligible to apply for and receive any state grants administered or procured by the Louisiana Commission on Law Enforcement and Administration of Criminal Justice, any governmental entity that employs a peace officer shall implement an in-service anti-bias training program, as administered by the council, including but not limited to topics such as procedural justice, cultural diversity, community relations, and peer intervention.
Acts 2021, No. 418, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2402. Definitions

RS 40:2402 - Definitions
As used in this Chapter:
(1) "Governmental entity" means any board, authority, commission, department, office, division, or agency of the state or any of its local political subdivisions.
(2) "Law enforcement training course" means a basic or advanced course of study certified by the council on peace officer standards and training, for the purpose of educating and training persons in the skills and techniques required of a peace officer in the discharge of his duties.
(3)(a) "Peace officer" means any employee of the state, a municipality, a sheriff, or other public agency, whose permanent duties actually include the making of arrests, the performing of searches and seizures, or the execution of criminal warrants, and is responsible for the prevention or detection of crime or for the enforcement of the penal, traffic, or highway laws of this state, but not including any elected or appointed head of a law enforcement department.
(b) "Peace officer" shall also include those sheriff's deputies whose duties include the care, custody, and control of inmates.
(c) "Peace officer" shall also include military police officers within the Military Department, state of Louisiana.
(d) "Peace officer" shall also include security personnel employed by the Supreme Court of the state of Louisiana.
(e) "Peace officer" shall also include security personnel employed by a court of appeal of the state of Louisiana.
(f) "Peace officer" shall also include the director of capitol security and security officers employed by the legislature upon recommendation of the director as provided by R.S. 24:681 et seq.
(4) "Training center" means any school, academy, institute, or any place of learning whatsoever, which offers or conducts a law enforcement training course.
Added by Acts 1976, No. 397, §1. Amended by Acts 1979, No. 489, §1; Acts 1984, No. 493, §1; Acts 2001, 2nd Ex. Sess., No. 8, §2, eff. Oct. 16, 2001; Acts 2003, No. 817, §1, eff. July 1, 2003; Acts 2009, No. 97, §1; Acts 2017, No. 272, §2, eff. June 16, 2017; Acts 2019, No. 294, §1; Acts 2022, No. 507, §2, eff. June 16, 2022.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2404.1. Additional powers of the council, school resource officers, School Violence Prevention Training Program

RS 40:2404.1 - Additional powers of the council, school resource officers, School Violence Prevention Training Program
A. In accordance with the provisions of R.S. 40:2404(11) and R.S. 17:416.19, the Council on Peace Officer Standards and Training shall develop and implement a School Violence Prevention Training Program under their jurisdiction and within the existing school resource officer program in conjunction with the Louisiana Commission on Law Enforcement and Administration of Criminal Justice, the office of state police, local law enforcement agencies, and the State Board of Elementary and Secondary Education.
B. The Council on Peace Officer Standards and Training shall have the power to establish and appoint a committee with members representing the Louisiana Commission on Law Enforcement and Administration of Criminal Justice, the accredited law enforcement training centers, the office of state police, local law enforcement agencies, and the State Board of Elementary and Secondary Education.
C. The committee shall have the following powers:
(1) To develop minimum curriculum requirements for the training and certification of school security guards, which standards shall apply uniformly throughout the state for all school security guards.
(2) To establish minimum law enforcement instruction qualifications at an accredited P.O.S.T. academy.
(3) To approve and certify a school security guard program and to establish other requirements relative to such program.
D. A portion of the funds appropriated for the program shall be allocated to local law enforcement agencies to be utilized for the cost of investigation, detection, and forensics costs of crime committed on school property.
E. After a secure funding source for this program becomes available, the Louisiana Commission on Law Enforcement and Administration of Criminal Justice shall have six months to implement a one-year pilot test of the School Violence Prevention Training Program. The commission shall evaluate the results of the pilot test before recommending statewide implementation.
Acts 2005, No. 441, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2404.2. Minimum training requirements; basic curriculum; annual training

RS 40:2404.2 - Minimum training requirements; basic curriculum; annual training
A. In addition to all training requirements provided for in this Chapter, in order to be certified as a level one basic law enforcement peace officer, all persons shall successfully complete a minimum of four hundred hours of core curriculum for basic peace officers as prescribed by the council.
B.(1) All full-time, part-time, or reserve peace officers shall successfully complete a minimum of twenty hours of in-service training requirements prescribed by the council on an annual basis. All initial training requirements must be completed within the first calendar year after receiving P.O.S.T. certification and annually thereafter.
(2) Under certain circumstances, the council may modify, extend, or waive an in-service training requirement on a case-by-case basis. Requests for modifications, extensions, or waivers of annual in-service training requirements for an officer shall be in writing from the agency head directly to the council. Waivers may be considered for extended continuous medical leave or any other emergency event or events deemed as such by the council.
(3) Peace officers called to active military duty are not required to complete in-service training requirements missed during the performance of the active duty service.
(4) The council shall promulgate rules and regulations to implement the provisions of this Subsection.
C.(1) No later than January 1, 2018, the council shall develop and implement curriculum for de-escalation, bias policing recognition, sudden in-custody death, and crisis intervention training, which shall include training for law enforcement interaction with persons with mental illness and persons with developmental disabilities, for peace officers that consists of classroom or internet instruction, or both.
(2) No later than January 1, 2022, the council shall develop and implement curriculum to provide instruction for law enforcement personnel on procedural justice and duty–to–intervene matters which shall include training for law enforcement personnel that consists of classroom or internet instruction, or both.
Acts 2017, No. 210, §1, eff. June 14, 2017; Acts 2020, No. 104, §1; Acts 2021, No. 418, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2405.1. Special equipment provided by Department of Public Safety and Corrections

RS 40:2405.1 - Special equipment provided by Department of Public Safety and Corrections
A. The Department of Public Safety and Corrections, from funds appropriated for this purpose, shall provide upon request special protective equipment, commonly known as a bulletproof vest, for every "peace officer" in the state of Louisiana. As used in this Section, "peace officer" means any full-time employee of the state, a municipality, a sheriff, or other public agency, whose principal permanent duties primarily involve the prevention or detection of crime or the enforcement of penal and traffic laws and actually include the making of arrests and the performing of searches and seizures.
B.(1) To the extent that funds are not appropriated to the Department of Public Safety and Corrections for the purposes provided in Subsection A of this Section, the department may make available for purchase to law enforcement agencies for use by their peace officers bulletproof vests no longer utilized by the department for which the manufacturer warranty has expired.
(2) Any purchase pursuant to this Section shall be conducted pursuant to rules or regulations adopted by the Louisiana Property Assistance Agency.
(3)The state of Louisiana, its agencies and assigns, including but not limited to the Department of Public Safety and Corrections shall be immune from any liability relating to or resulting from the purchase, issuance, or failure of bulletproof vests transferred pursuant to the provisions of this Section.
(4)(a) Not later than ninety days prior to the destruction of any bulletproof vest, the department shall give notice to law enforcement agencies and constables that bulletproof vests no longer utilized by the department for which the manufacturer warranty has expired are available for purchase for use by part-time and reserve peace officers, constables, and deputy constables.
(b) As used in this Paragraph, "part-time and reserve peace officer" means any part-time peace officer and any reserve peace officer employed by the state, a municipality, a sheriff, or other public agency whose principal duties primarily involve the prevention or detection of crime or the enforcement of penal and traffic laws and actually include the making of arrests and the performing of searches and seizures.
(c) As used in this Paragraph, "constables and deputy constables" means any elected constable as provided in R.S. 13:2583 and any deputy constable appointed by a constable.
C. Prior to the purchase and distribution of the bulletproof vests, the director of each law enforcement agency shall supply a sworn affidavit stating the number of vests on hand, the number of vests requested, and that it shall be the policy of the agency that all officers receiving vests shall be expected to wear them.
D. The provisions of this Section shall not be construed to require that a peace officer wear a bulletproof vest.
Acts 1990, No. 1060, §1; Acts 2013, No. 301, §1; Acts 2018, No. 388, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2405.3. Unlawful activity by non-accredited training centers

RS 40:2405.3 - Unlawful activity by non-accredited training centers
It shall be unlawful for any training center to offer, conduct, award any certificates or documents purporting to evidence completion of, or solicit prospective trainees for a basic law enforcement training course, unless same is approved and accredited by the council.
Acts 1998, 1st Ex. Sess., No. 108, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2405.6. Training for peace officers; electronic control devices

RS 40:2405.6 - Training for peace officers; electronic control devices
Manufacturers of electronic control devices, commonly referred to as "stun guns", which are sold for law enforcement purposes within the state of Louisiana shall develop a training and certification course which shall instruct peace officers as to the proper handling and use of the devices. The course shall also contain instruction regarding the impact of high voltage electronic control devices and the effects of their use. Every peace officer who purchases or is issued an electronic control device for use in the performance of his duties shall successfully complete this training course.
Acts 2010, No. 578, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2405.7. Human trafficking training; report to legislature

RS 40:2405.7 - Human trafficking training; report to legislature
A. The council shall provide training for law enforcement agencies in addressing human trafficking.
B. Such training shall focus on all of the following:
(1) Investigating human trafficking under R.S. 14:46.2.
(2) Investigating trafficking of children for sexual purposes under R.S. 14:46.3 and the special needs of sexually exploited children.
(3) Methods used in identifying United States citizens and foreign national victims of human trafficking, including preliminary interview techniques and appropriate questioning methods.
(4) Methods of increasing effective collaboration with nongovernmental organizations and other relevant social service organizations in the course of investigating and prosecuting a human trafficking case.
(5) Methods for protecting the rights of victims of human trafficking, taking into account the need to consider human rights and the special needs of female and child victims.
(6) The necessity of treating victims of human trafficking as crime victims rather than criminals.
(7) Methods for promoting the safety of victims of human trafficking.
C. The council shall seek input and participation of appropriate nongovernmental organizations and other relevant organizations in the preparation and presentation of training called for in this Section.
D.(1) Within one year of employment, all peace officers, as defined in R.S. 40:2402, shall receive seven hours of training on human trafficking from the Council on Peace Officer Standards and Training's online Learning Management System program. All peace officers employed on August 1, 2022, who have been employed for one year or more, shall receive seven hours of training on human trafficking from the Council on Peace Officer Standards and Training's Learning Management System program by December 31, 2022.
(2) Beginning in 2023, the Council on Peace Officer Standards and Training shall report compliance percentages of human trafficking training to the Senate Committee on Judiciary B and the House Committee on Judiciary from the previous year not later than February fifteenth of each year.
E. The council shall promulgate rules and regulations in accordance with the Administrative Procedure Act, subject to the oversight of the Senate Committee on Judiciary B and the House Committee on Judiciary, for the implementation of the human trafficking training program.
Acts 2014, No. 564, §3; Acts 2022, No. 538, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2405.9. Identification of minor or dependent children of an arrested person; guidelines and training

RS 40:2405.9 - Identification of minor or dependent children of an arrested person; guidelines and training
A. The Council on Peace Officer Standards and Training shall develop guidelines and provide training for law enforcement agencies on identifying and ensuring the safety of minor or dependent children upon the arrest of the child's parent or guardian.
B. The guidelines and training shall include all of the following:
(1) Procedures to ensure that law enforcement officers inquire or otherwise ascertain whether an arrested person has a minor or dependent under his care, custody, or control at the time of the arrest.
(2) Procedures for the proper arrangement of temporary care for children to ensure their safety and well-being with a priority on placing children with supportive family members and trusted adults.
(3) Education on how witnessing a violent crime or other event causes emotional harm to children and how law enforcement can assist in mitigating the long-term effects of the trauma.
(4) Procedures for reporting on the number of instances requiring a referral to a partner organization or transportation of the child to a child advocacy center when the child is unable to be placed with a family member.
(5) Procedures to ensure law enforcement officers receive annual training as mandatory reporters of child abuse or neglect in accordance with Children's Code Article 609.
C. The council shall work in conjunction with and receive input from appropriate nongovernmental organizations and other relevant organizations that are invested in the rights of children with incarcerated parents to develop and establish the guidelines and training program required by this Section.
D. Nothing in this Section shall preclude a law enforcement officer's responsibility as a mandatory reporter to report suspected child abuse or neglect in accordance with Children's Code Article 603.
Acts 2021, No. 126, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2451. Creation; membership; term of office

RS 40:2451 - Creation; membership; term of office
A. An agency of the state to be known as the Governor's Council on Physical Fitness and Sports is hereby created and established in the Louisiana Department of Health, hereinafter in this Chapter referred to as the department. The council shall exercise the powers and duties hereinafter set forth or otherwise provided by law.
B. The council shall consist of fifteen members who shall be appointed by the governor and shall be representative of physicians, pediatricians, coaches, physical therapists, athletic trainers, athletes, educators and such other persons or professions interested in the physical fitness of the citizens of Louisiana. In making his appointments, the governor shall also take into consideration the various geographic areas of the state with a view to giving all sections of the state representation on the council.
C. The terms of office of members of the council shall be for three years expiring on September first in the appropriate year. Of the initial members appointed to the board, four members shall be appointed for terms of one year, five members shall be appointed for terms of two years, and six members shall be appointed for terms of three years, as determined by the governor. The governor may reappoint any person who has served or is serving as a member of the council. A vacancy shall be filled by appointment only for the remainder of the unexpired term. Each appointment by the governor shall be submitted to the Senate for confirmation.
D. The council shall meet and organize immediately after appointment of the members and shall elect from its membership a chairman and a vice chairman. The council shall adopt rules for the transaction of its business and shall keep a record of its resolutions, transactions, findings, and determinations. Eight members shall constitute a quorum.
E. The council shall meet at least once in each quarter of the fiscal year, and as often thereafter as shall be deemed necessary by the chairman.
F. By a two-thirds vote of the council, a member may be dismissed from membership for such reasons as the council may establish, which reasons shall include lack of interest in council duties or repeated absences from council meetings.
G. Members of the council shall receive no salary for their services, but shall be reimbursed for actual travel and other expenses incurred while in the performance of their duties in accordance with travel regulations of the division of administration.
Added by Acts 1980, No. 751, §2; Acts 2003, No. 774, §11.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2453. Powers and duties

RS 40:2453 - Powers and duties
The council shall have the following powers and duties:
(1) To develop, foster, and coordinate services and programs of physical fitness and sports for the people of Louisiana.
(2) To sponsor physical fitness and sports workshops, clinics, conferences, and other similar activities.
(3) To give recognition to outstanding developments and achievements in, and contributions to, physical fitness and sports.
(4) To stimulate physical fitness research.
(5) To collect and disseminate physical fitness and sports information and initiate advertising campaigns promoting physical fitness and sports.
(6) To assist the Department of Education in helping schools in developing health and physical fitness programs for students.
(7) To encourage local governments and communities to develop local physical fitness programs and amateur athletic competitions.
(8) To develop programs to promote personal health and physical fitness in cooperation with medical, dental, and other similar professional societies.
(9) To enlist the support of individuals, civic groups, amateur and professional sports associations, and other organizations to promote and improve physical fitness and sports programs.
Added by Acts 1980, No. 751, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2471. Statement of purpose

RS 40:2471 - Statement of purpose
A. The legislature hereby declares that one of the most serious issues facing the present health care system today is the absence of a high quality home health care service delivery system as an alternative approach to traditional institutional placement. Furthermore, extensive legislative study has revealed that home care is increasingly being recognized as the preferred method in the delivery of service to persons who are chronically ill and persons with disabilities because it: (1) allows such persons to receive needed treatment and care at home while enabling them to continue to maintain the family and community ties which are so important; and (2) provides less costly long term care services that are by far more satisfying and effective than institutional placement.
B. Federal developments under Public Law 97-35, "The Omnibus Budget Reconciliation Act of 1981," have given states more latitude and authority to cover a broad range of in-home and community support services under Medicaid. The legislature recognizes the need for deinstitutionalization of persons who are chronically ill and persons with disabilities, and intends that the state should not only participate in such programs but also establish a broad range of coordinated noninstitutional care. Therefore, it is the purpose of this Chapter to provide for a comprehensive and fully coordinated approach to long term home health care. The legislature further recognizes that persons other than those eligible for Medicaid are also in need of a broad array of health and social services. The legislature therefore states its intent to expand the long term home health care program in terms of eligibility requirements and the range of services provided for recipients. For this purpose, the Oversight Subcommittee of the Joint Committee on Health and Welfare shall periodically review the program.
Added by Acts 1982, No. 715, §1; Acts 2014, No. 811, §22, eff. June 23, 2014.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2472. Definitions

RS 40:2472 - Definitions
For the purposes of this Chapter, the following shall apply:
(1) "Department" shall mean the Louisiana Department of Health.
(2) "Hospital" shall mean a licensed hospital as defined by and regulated under R.S. 40:2100-40:2113.5.
(3) "Long term home health care" shall mean a comprehensive, coordinated plan of care and services provided in the home to those persons who require care, treatment, maintenance, nursing, or other medical and social services and who are medically eligible for placement in a hospital or nursing home.
(4) "Nursing home" shall mean a licensed nursing home as defined by and regulated under R.S. 40:2009.2-40:2009.19.
(5) "Primary provider of home health care" shall mean those providers that are certified to participate and who are enrolled in the Medical Assistance Program to provide such services.
(6) "Secretary" shall mean the secretary of the Louisiana Department of Health.
Added by Acts 1982, No. 715, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2473. Long term home health care program; establishment

RS 40:2473 - Long term home health care program; establishment
The secretary of the Louisiana Department of Health shall establish a long term home health care program which shall provide long term home health care to persons otherwise eligible for Title XXI services who would require placement in a hospital or nursing home if such long term home health care were not available. Such care shall be provided in the person's own home or in the home of a responsible relative or other responsible adult and may include but not be limited to nursing care, physical therapy, speech therapy, medical and social services, home health aid services, instructional guidance, pharmaceutical services, medical appliances and equipment, case management, respite care, personal care, adult day health, homemaker services, habilitation services, and such other community-based and in-home services which may be provided under a waiver granted pursuant to R.S. 40:2477. In order to carry out the provisions of this Chapter, the secretary shall promulgate rules, regulations, and minimum standards in accordance with the Administrative Procedure Act.
Added by Acts 1982, No. 715, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2475. Authorization to provide a long term home health care program; procedure

RS 40:2475 - Authorization to provide a long term home health care program; procedure
A long term health care program shall be provided only by a primary provider of home health care. No agency, organization, hospital, or nursing home shall provide a long term home health care program without the written authorization of the secretary or his designee to provide such a program. However, contractual arrangements between primary providers of home health care and other health care providers shall not be prohibited provided that the primary provider of home health care maintains full responsibility for the plan of treatment and case management of care rendered.
Added by Acts 1982, No. 715, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2476. Payment for long term home health care

RS 40:2476 - Payment for long term home health care
At the time of the initial needs assessment as provided in R.S. 40:2474, and during each subsequent assessment, the department shall establish a monthly budget for the services to be provided in the plan of care. Providers of home health care shall be paid in accordance with the usual procedures of the Medical Assistance Program. However, the monthly cost of providing home health care to each person participating in the program shall be less than one hundred percent of the total monthly Medicaid rate that normally would be paid to a nursing home for a comparable level of care for such person in a nursing home. If an assessment of the person's needs demonstrates that he requires care that would exceed such monthly maximum in any one month, the secretary or his designee may authorize payment of such services, provided the total annual expenditures for services rendered shall be less than the one hundred percent maximum.
Added by Acts 1982, No. 715, §1. Acts 1987, No. 760, §1, eff. July 16, 1987.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2477. Request for waiver to provide in-home and community services

RS 40:2477 - Request for waiver to provide in-home and community services
The secretary is authorized to submit waiver requests to the Health Care Financing Administration of the United States Department of Health and Human Services or its successor in accordance with the provisions of Section 2176 of Public Law 97-35, The Omnibus Budget Reconciliation Act of 1981, to enable the department to provide a broad array of home- and community-based services under the Medicaid program to carry out the purposes of this Chapter. No payment shall be made pursuant to the provisions of this Chapter for services which would exceed the scope or duration of a federally approved state waiver request.
Added by Acts 1982, No. 715, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2521. Law enforcement agency receiving report of missing or recovered child; duty

RS 40:2521 - Law enforcement agency receiving report of missing or recovered child; duty
A.(1) Any law enforcement agency receiving an initial report of a missing child or the recovery of a missing child and having reasonable grounds to believe the report is accurate shall do all of the following immediately after receiving the report:
(a) Enter the name of the child into the National Crime Information Center's database.
(b) Notify each of the following of the facts and contents of the report:
(i) The Department of Children and Family Services to the extent that the reporting is required pursuant to Chapter 5 of Title VI of the Children's Code.
(ii) The office of state police, if it did not originally receive the report.
(iii) The office of the sheriff for the parish in which the report was received, if it did not originally receive the report.
(iv) Any other local, state, or federal law enforcement agency that the law enforcement agency receiving the report deems necessary and appropriate depending upon the facts of each case.
(2) The law enforcement agency may also notify any other appropriate local, state, or federal agency of the fact and contents of the report.
B. The provisions of this Section shall apply for each reported missing child without regard to whether the child is believed to be missing due to stranger abduction, parental abduction, or any other cause.
Acts 1986, No. 160, §1; Acts 2012, No. 446, §3; Acts 2020, No. 96, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2526. Pre-Amber Alert action plan; requirements; rules and regulations

RS 40:2526 - Pre-Amber Alert action plan; requirements; rules and regulations
A. The secretary of the Department of Public Safety and Corrections, jointly with the secretary of the Department of Children and Family Services, shall institute a pre-Amber Alert action plan. The plan shall, at a minimum, consist of one or more programs to:
(1) Advise and educate parents on ways to prevent their children from being abducted.
(2) Advise and educate children on ways to prevent them from being abducted.
(3) Encourage parents to have readily available vital information about their children, such as a recent photograph and the child's height and weight, for law enforcement to use in case the child is abducted.
(4) Coordinate with and encourage the private sector to participate in secondary distribution programs that will enable the distribution of vital information on a child that has been abducted, including the creation and distribution of flyers and emailing and text messaging Amber Alerts.
B. The secretary of the Department of Public Safety and Corrections and the Department of Children and Family Services may promulgate rules and regulations, in accordance with the Administrative Procedure Act, to carry out the provisions of this Section.
C. The provisions of this Section shall be implemented provided funding is available.
Acts 2005, No. 503, §3.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2528. Predator Alert System; requirements; rules and regulations

RS 40:2528 - Predator Alert System; requirements; rules and regulations
A. The secretary of the Department of Public Safety and Corrections shall institute a Predator Alert System. The system shall, at a minimum, provide the following services:
(1) Send out the alert, through the state police, to local law enforcement officials when a sexual predator has been released from imprisonment.
(2) Coordinate with and encourage the private sector to participate in secondary distribution programs that will enable the distribution of vital information on a predator that has been released from imprisonment, including the creation and distribution of flyers and e-mailing and text messaging the Predator Alerts.
B. The secretary of the Department of Public Safety and Corrections shall promulgate rules and regulations, in accordance with the Administrative Procedure Act, to implement the provisions of this Section.
Acts 2006, No. 663, §3.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2530.1. Purpose

RS 40:2530.1 - Purpose
The Louisiana Legislature finds that, in the case of a missing senior citizen or missing person with developmental disabilities, the first few hours in locating the individual are critical. To aid in the identification and location of missing senior citizens and missing persons with developmental disabilities, there is hereby created the missing senior citizen and missing person with developmental disabilities alert program, referred to in this Chapter as the "program", to be implemented by the secretary of the Department of Public Safety and Corrections.
Acts 2008, No. 453, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2530.3. Definitions

RS 40:2530.3 - Definitions
For the purposes of this Chapter, the following words and phrases shall have the following meanings:
(1) "Missing person with developmental disabilities" means a person whose whereabouts are unknown; whose domicile at the time he is reported missing is in this state; and whose disappearance poses a credible threat to the safety and health of himself, as determined by a local law enforcement agency.
(2) "Missing senior citizen" means a person whose whereabouts are unknown; whose domicile at the time he is reported missing is in this state; whose age at the time he is first reported missing is sixty years of age or older; and whose disappearance poses a credible threat to the safety and health of himself, as determined by a local law enforcement agency.
Acts 2008, No. 453, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2530.4. Administration

RS 40:2530.4 - Administration
A. The secretary of the Department of Public Safety and Corrections shall develop and implement a system to notify citizens when a senior citizen or person with a developmental disability is determined to be missing and that an alert is to be issued to the community to assist law enforcement officials in locating the missing senior citizen or person with a developmental disability.
B. A notification system developed pursuant to the provisions of this Chapter shall include, but not be limited to, the following items:
(1) Procedures to determine that the senior citizen or person with a developmental disability is truly missing.
(2) Procedures for notifying the general public of the fact that a senior citizen or person with a developmental disability is missing and the type of notification to be utilized to inform the general public.
(3) Whether the circumstances of the person deemed missing are aggravated due to the age of the person or a life-threatening medical condition or situation which requires the person to take life-sustaining medication.
(4) Coordinate with and encourage the private sector to participate in secondary distribution, including the creation and distribution of flyers, electronic mail, and text messaging of the missing senior citizen or person with a developmental disability.
C. The alert shall be cancelled upon notification that the missing person has been found or at the end of the notification period, whichever occurs first. A local law enforcement agency that locates a missing person who is the subject of an alert shall notify the Department of Public Safety and Corrections or its designee, as soon as possible that the missing person has been located.
D. The secretary of the Department of Public Safety and Corrections shall promulgate rules and regulations, in accordance with the Administrative Procedure Act, to implement the provisions of this Chapter.
Acts 2008, No. 453, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2530.5. Immunity from liability

RS 40:2530.5 - Immunity from liability
Any state police officer, members of other law enforcement entities, radio or television broadcasters, cable television operators, who transmit or display, or who fail to transmit or display such information concerning a senior citizen or person with developmental disabilities, and other entities who may become an active component of this effort, shall not be liable for any civil damages or criminal penalties as a result of any acts or omissions relative to the "Silver Alert" program.
Acts 2008, No. 453, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2532. Release of personal information

RS 40:2532 - Release of personal information
No person, agency, or department shall release to the news media, press or any other public information agency, a law enforcement officer's home address, photograph, or any information that may be deemed otherwise confidential, without the express written consent of the law enforcement officer, with respect to an investigation of the law enforcement officer.
Acts 1985, No. 425, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2533. Personnel files

RS 40:2533 - Personnel files
A. No law enforcement officer shall have any comment adverse to his interest entered in his personnel file, or any other file used for any personnel purposes by his employer, without the law enforcement officer's having first read and signed the instrument containing the adverse comment indicating he is aware of such comment, except that such entry may be made if, after reading such instrument, the law enforcement officer refuses to sign it. Should a law enforcement officer refuse to sign, that fact shall be noted on that document and signed or initialed by such officer.
B. A law enforcement officer shall have thirty days within which to file a written response to any adverse comment entered in his personnel file. Such written response shall be attached to and shall accompany the adverse comment.
C.(1) A law enforcement officer, upon written request, shall have any record of a formal complaint made against the officer for any violation of a municipal or parish ordinance or state criminal statute listed in Paragraph (2) of this Subsection involving domestic violence expunged from his personnel file, if the complaint was made anonymously to the police department and the charges are not substantiated within twelve months of the lodging of the complaint.
(2)(a) Any violation of a municipal or parish ordinance or state statute defining criminal battery and assault.
(b) Any violation of other municipal or parish ordinances or state statutes including criminal trespass, criminal damage to property, or disturbing the peace if the incident occurred at either the home of the victim or the officer or the violation was the result of an obvious domestic dispute.
D. Sustained complaints against the law enforcement officer shall remain in the officer's personnel file for a period of at least ten years, but only after the officer has exhausted all administrative appeals to which he is entitled.
Acts 1985, No. 425, §1; Acts 1995, No. 232, §1; Acts 1995, No. 915, §1; Acts 1995, No. 1251, §2; Acts 2005, No. 452, §1; Acts 2021, No. 451, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2534. Disclosure of finances

RS 40:2534 - Disclosure of finances
No law enforcement officer shall be required to disclose, for the purpose of promotion or assignment, any item of his property, income, assets, debts or expenditures or those of any member of such officer's household.
Acts 1985, No. 425, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2536. Officer-involved shooting

RS 40:2536 - Officer-involved shooting
A. In the event of an officer-involved shooting which results in death or great bodily harm, the investigators of these incidents shall be accountable only to those agencies which have been certified by the council following the effective date of January 1, 2022.
B. In addition to agency certification, there shall be within those agencies at least three certified officer-involved investigators who have completed all necessary coursework and subsequent in-service training and law enforcement experience which will establish eligibility for these investigators before training and certification.
C. The agencies shall also provide for the personnel to be certified through P.O.S.T. for the processing of all evidence associated with officer-involved shootings.
Acts 2021, No. 418, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2537. Whistleblower protection and cause of action

RS 40:2537 - Whistleblower protection and cause of action
A. No police employee shall be discharged, demoted, suspended, threatened, harassed, or discriminated against in any manner in the terms and conditions of his employment because of any lawful act engaged in by the employee or on behalf of the employee in furtherance of any action taken to report malfeasance in office by police employees to law enforcement, whether such fellow employee is a co-worker, supervisor, or subordinate.
B.(1) A police employee may bring an action for relief against his employer, in a court of competent jurisdiction, for damages associated with any action taken by the employee which is in furtherance of reporting malfeasance in office.
(2) A person aggrieved of a violation of Subsection A of this Section shall be entitled to treble damages plus court costs and reasonable attorney fees.
C. A plaintiff shall not be entitled to recovery pursuant to this Section if the court finds that the plaintiff instituted or proceeded with an action that was frivolous, vexatious, or harassing.
Acts 2022, No. 634, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2551. Use of body-worn cameras

RS 40:2551 - Use of body-worn cameras
No later than January 1, 2022, any law enforcement agency that utilizes body-worn cameras shall adopt a policy regarding the activation and deactivation of such cameras by the officer.
Acts 2021, No. 430, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2552. Use of motor vehicle dash cameras

RS 40:2552 - Use of motor vehicle dash cameras
No later than January 1, 2022, any law enforcement motor vehicle that is equipped with a dash camera that has the technology to automatically record upon the activation of the motor vehicle's police emergency lights shall utilize that technology.
Acts 2021, No. 430, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2553. Neck restraint prohibition

RS 40:2553 - Neck restraint prohibition
The use of choke holds and carotid holds are prohibited, except when the officer reasonably believes he or another person is at risk of great bodily harm or when deadly force is authorized.
Acts 2021, No. 430, §1.