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ACT No. 836
Regular Session, 2010
HOUSE BILL NO. 990
BY REPRESENTATIVE THIERRY AND SENATOR GUILLORY
AN ACT1
To amend and reenact R.S. 15:1199.1, 1199.2(A)(introductory paragraph), 1199.3(2),2
1199.4(A) and (M), 1199.7(A), 1199.9, 1199.10(B)(1), 1199.11, 1199.12, and3
1199.14(B), to enact R.S. 15:1199.2(A)(5), (6), (7), (8), (9), (G), (H), (I), (J), (K),4
and (L), 1199.3(9), and 1199.4(N), and to repeal R.S. 15:1199.2(F), relative to5
inmate rehabilitation; to provide for reentry programs and initiatives; to provide for6
definitions; to provide for additional duties of the reentry advisory council; to7
provide with respect to eligibility standards; to provide for certification and licensing8
of skilled craftsmen; to provide for the percentage of inmate wages which can be9
taken to pay for some of the expenses of the program; to provide for the duration of10
the program; to provide for applicability; and to provide for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 15:1199.1, 1199.2(A)(introductory paragraph), 1199.3(2), 1199.4(A)13
and (M), 1199.7(A), 1199.9, 1199.10(B)(1), 1199.11, 1199.12, and 1199.14(B) are hereby14
amended and reenacted and R.S. 15:1199.2(A)(5), (6), (7), (8), and (9), (G), (H), (I), (J), (K),15
and (L), 1199.3(9), and 1199.4(N) are hereby enacted to read as follows: 16
PART XVIII. REENTRY ADVISORY COUNCIL AND INMATE OFFENDER17
REHABILITATION AND WORKFORCE DEVELOPMENT18
§1199.1. Short title19
This Part may be referred to and may be cited as the "Inmate Rehabilitation20
Reentry Advisory Council and Offender Rehabilitation Workforce Development21
Act".22 ENROLLEDHB NO. 990
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§1199.2. Legislative findings1
A. The mission of incarceration in the criminal justice system is to enhance2
public safety through the safe and secure incarceration of offenders, effective3
probation and parole supervision, and proven rehabilitative strategies that4
successfully reintegrate offenders into society, as well as assisting individuals and5
communities victimized by crime. The goals and priorities of incarceration in the6
criminal justice system involve a commitment to public safety and rehabilitation and7
are:8
* * *9
(5) To provide safety to both corrections staff and offenders.10
(6) To provide basic services.11
(7) To provide opportunities for change.12
(8) To provide opportunities for restitution.13
(9) To provide effective strategies for reentry into society following14
incarceration.15
* * *16
G. Successful offender reentry and reintegration into the community is a17
matter of critical importance to the public's safety, but reentry is often unsuccessful18
due to the barriers ex-offenders face upon release. Those barriers include, but are not19
limited to, a lack of education and job skills, employment prohibition in selected20
occupations, mental health and substance abuse problems, access to valid21
identification documents, child support enforcement regulations, access to public22
housing and other public benefits, and strained or fragile family and community ties.23
H. The ability of ex-offenders to obtain employment after incarceration and24
become productive members of their communities is essential to reducing recidivism25
rates; however, successfully finding employment is often difficult due to the26
reluctance of many employers to hire individuals with criminal backgrounds.27
I. Without successful reentry into the community, recidivism is likely to28
occur, causing detrimental effects to public safety, communities, families, taxpayers,29
and ex-offenders.30 ENROLLEDHB NO. 990
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J. Offender reentry is a crime prevention strategy, which serves to reduce1
crime and the number of crime victims and ultimately ensures opportunities for safer2
communities. Successful reentry is also a cost savings measure which results in3
savings to state and local criminal justice systems.4
K. The Department of Public Safety and Corrections has taken steps to5
implement offender reentry initiatives and is reaching out to other agencies and6
communities to form partnerships which are necessary to ensure continued support7
and success.8
L. With the goal of establishing a more systematic approach to identifying9
obstacles that impede successful reentry and developing and implementing effective10
reentry strategies that improve public safety, the legislature establishes the Reentry11
Advisory Council and Offender Rehabilitation Workforce Development Act.12
§1199.3. Definitions13
As used in this Part, the following words have the following meanings:14
* * *15
(2) "Council" means the Inmate Rehabilitation and Workforce Development16
Advisory Council Reentry Advisory Council.17
* * *18
(9) "Task force" means a parish or regional council comprised of19
governmental leaders and agency representatives from applicable state, tribal, or20
local entities, service providers, nonprofit organizations, and key stakeholders. This21
task force shall perform the essential functions of the Reentry Advisory Council on22
the local level as defined in R.S. 15:1199.4(N).23
§1199.4. Inmate Rehabilitation and Workforce Development Reentry Advisory24
Council; creation; members; powers and duties25
A. The Inmate Rehabilitation and Workforce Development Reentry26
Advisory Council is hereby created within the Department of Public Safety and27
Corrections.28
* * *29 ENROLLEDHB NO. 990
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M. The council shall serve as an advisory body to the secretary and the1
legislature on the administration of the program as authorized by this Part.2
N. The Reentry Advisory Council shall:3
(1) Identify methods to improve collaboration and coordination of offender4
transition services, including cross-agency training and information sharing that will5
help to improve outcomes for offenders.6
(2) Establish a means to share data, research, and measurement resources in7
relation to reentry initiatives with relevant agencies.8
(3) Identify funding areas that should be coordinated across agencies to9
maximize the delivery of state and community-based services as they relate to10
reentry.11
(4) Identify areas in which improved collaboration and coordination of12
programs and activities will result in increased effectiveness or efficiency of service13
delivery.14
(5) Promote areas of research and program evaluation that can be15
coordinated across agencies with an emphasis on applying evidence-based practices16
to support treatment and intervention programs for offenders.17
(6) Conduct a review of existing policies and practices and make specific18
recommendations to the legislature for systemic improvement.19
(7) Create and support local reentry councils in collaboration with20
community stakeholders throughout the state.21
(8) Commence offender reentry public education campaigns.22
(9) Enhance the role of faith and community-based services for formerly23
incarcerated persons.24
(10) Provide coordination of reentry initiatives across the state and ensure25
eligibility for Second Chance Act grant opportunities and other reentry grant26
opportunities.27
* * *28 ENROLLEDHB NO. 990
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§1199.7. Inmate eligibility for program; prohibitions1
A. An inmate may be eligible for participation in the program for any of the2
following: if the inmate is not prohibited from participation pursuant to the3
provisions of Subsection C of this Section, and otherwise meets the eligibility4
requirements for participation in work release as provided for in R.S. 15:711 or 1111.5
(1) The inmate is sentenced to the custody of the Department of Public6
Safety and Corrections to serve seven years or less for a first or second offense for7
possession of a controlled dangerous substance as provided for in the Uniform8
Controlled Dangerous Substances Law.9
(2) The inmate is sentenced to the custody of the Department of Public10
Safety and Corrections to serve seven years or less for a first or second offense for11
distribution, dispensing, or possession with intent to produce, manufacture,12
distribute, or dispense a controlled dangerous substance as provided for in the13
Uniform Controlled Dangerous Substances Law.14
(3) The offender is sentenced to the custody of the Department of Public15
Safety and Corrections to serve seven years or less for a nonviolent first felony16
offense.17
* * *18
§1199.9. Workforce development work release for participants and graduates of19
program administered by the department20
A. Notwithstanding the provisions of R.S. 15:711 or 1111 or any other21
provision of law to the contrary, an inmate who has graduated from the program and22
obtained the proper certification or licensing as a skilled craftsman may participate23
in a workforce development work release program administered by the department.24
B. Workforce development work release shall be for inmates who are25
eligible for work release as provided for in R.S. 15:1199.7. Eligible participants26
shall produce documentation to support having certification or licensure as a skilled27
craftsman or who have graduated from the inmate rehabilitation and workforce28
development training program and have been certified or licensed as skilled29
craftsmen, or who are participating in the inmate rehabilitation and workforce30 ENROLLEDHB NO. 990
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development training program and are working toward licensing or certification as1
a skilled craftsman pursuant to R.S. 15:1199.12. 2
C. B. The department shall designate and adapt facilities for the purpose of3
housing inmates with workforce development work release privileges, or it may4
arrange and contract for other facilities, including but not limited to portions of5
parish jails for inmates employed in the area.6
D. C. Every inmate with workforce development work release privileges7
shall be liable for the cost of his room, board, clothing, and other necessary expenses8
of his employment or placement unless other means of payment are approved by the9
department.10
E. D. The wages of any inmate so employed shall be collected by the11
secretary or his designated agent, shall be deposited in a public banking institution,12
and a ledger showing the financial status of each inmate on the program shall be13
kept.14
F. E. The wages of each inmate shall be disbursed by the department for the15
following purposes and in the order stated:16
(1) The expenses for the board of the inmate including food and clothing.17
(2) Necessary travel expenses to and from work and other incidental18
expenses of the inmate.19
(3) Any tuition, books, or other costs associated with the program which are20
required to be paid by participants in the program.21
(4) Any necessary fees for the examination for certification or licensing in22
a craft.23
(5) Any certification or licensing fees required to become a skilled24
craftsman.25
(6) Any court-ordered child support owed by the inmate. The support may26
be paid in installments approved by the department.27
(7) Any court-ordered restitution, or restitution owed to the department, or28
any other obligations acknowledged by the inmate in writing, or which have been29 ENROLLEDHB NO. 990
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reduced to judgment. The obligations may be paid in installments approved by the1
department.2
(8) Any drug testing as required by the provisions of this Part.3
(9) The balance, if any, to the inmate upon his discharge.4
G. F. The wages of an inmate so employed shall not be less than the5
customary wages for an employee performing similar services.6
H. G. Deductions for room, board, and other administrative and incidental7
costs resulting from participation in a workforce development work release program8
authorized by this Section shall not exceed seventy-five seventy percent of the gross9
wages received by an inmate.10
§1199.10. Workforce development work release for participants and graduates of11
the program administered by the sheriff12
* * *13
B.(1) Inmates sentenced to the department and housed in other facilities as14
provided for in Subsection A of this Section shall be eligible to participate in15
workforce development work release pursuant to R.S. 15:1199.12 or a workforce16
development work release program administered by the sheriff provided the inmate17
participant produces documentation to support having certification or licensure as18
a skilled craftsman or has graduated from the inmate rehabilitation and workforce19
development training program and obtained the proper certification or licensing as20
a skilled craftsman, or is participating in the inmate rehabilitation and workforce21
development training program and is working toward licensing or certification as a22
skilled craftsman. 23
* * *24
§1199.11. Traditional work release programs not affected25
Participation in workforce development work release programs as authorized26
by the provisions of R.S. 15:1199.9 and 1199.10 shall not be construed to prohibit27
an inmate from participating in a work release program authorized by the provisions28
of R.S. 15:711 or 1111 if the inmate is otherwise eligible for participation. However;29
however, only those inmates who can produce documentation to support having30 ENROLLEDHB NO. 990
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certification or licensure as a skilled craftsman or who have graduated from the1
program and have been certified or licensed as skilled craftsmen or those inmates2
who are participating in the inmate rehabilitation and workforce development3
training program and are working toward licensing or certification as a skilled4
craftsman pursuant to R.S. 15:1199.12 may participate in workforce development5
work release as authorized by the provisions of R.S. 15:1199.9 and 1199.10.6
§1199.12. Program duration; development; selection of craft7
A. The program shall be designed to last for two years.8
B. The department, with advice from the council, shall assist each inmate in9
selecting a craft as provided for in this Part.10
C. B. The pairing of the inmate with a particular craft shall be determined11
by all of the following:12
(1) The skills, interests, and abilities of the inmate. This shall include actual13
demonstration and simulation of the respective crafts.14
(2) Likelihood of successful job placement and opportunity upon graduation15
from the program, including the need for particular craftsmen at the time the inmate16
enters the program.17
(3) The availability of training facilities, instructors, and the number of18
inmates enrolled for particular crafts.19
D. C.(1) Eligible inmates who have been admitted to the program shall20
participate in a one-year intensive selected craft training program in a selected craft.21
(2) Upon completion of the one-year intensive training program selected22
craft training program, the inmate shall qualify for continuing training, if available,23
including workforce development, work release apprenticeship, or similar on-the-job24
training that leads to the fulfillment of the requirements for licensing or certification25
in the selected craft, to the extent and in the manner permitted by regulations adopted26
by the department.27
(3) The inmate shall take any necessary examination required for28
certification or licensing in the selected craft if the inmate fulfills all requirements29
for taking the examination.30 ENROLLEDHB NO. 990
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(4) Upon successful completion of any certification or licensing as a skilled1
craftsman, the inmate shall begin a one-year participation in the workforce2
development work release program. The department may by rule provide for the3
crediting of work release pursuant to the provisions of this Subsection toward this4
requirement.5
E. D. Upon completion of the one-year workforce development work release6
program, the inmate shall be released on his diminution of sentence release date and7
placed under good time parole supervision for the remainder of his sentence. It shall8
be an additional condition of the inmate's supervised parole that he maintain9
employment as a skilled craftsman at a location approved by the department, unless10
extenuating circumstances prevent such employment.11
F. E. The provisions of this Part shall not be construed to relieve an inmate12
from meeting any certification or licensing requirements for a selected craft13
established by a professional licensing board or association or which are otherwise14
provided for by law.15
* * *16
§1199.14. Substance abuse treatment and counseling17
* * *18
B. The department with the assistance of the council shall determine the19
amount of substance abuse treatment and counseling that inmates who participate in20
the program shall receive.21
Section 2. R.S. 15:1199.2(F) is hereby repealed in its entirety.22
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: