SLS 10RS-939 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 503
BY SENATOR CLAITOR
ADMINISTRATIVE PROCEDURE. Provides that the Department of Public Safety and
Corrections is the only proper party defendant involving the judicial review of department
administrative decisions. (8/15/10)
AN ACT1
To amend and reenact R.S. 15:1177(A)(1)(b), relative to judicial review of certain2
administrative actions; to provide that the Department of Public Safety and3
Corrections is the only proper party defendant involving the judicial review of4
department's administrative decisions; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 15:1177(A)(1)(b) is hereby amended and reenacted to read as7
follows: 8
ยง1177. Judicial review of administrative acts; exception9
A. * * *10
Any offender who is aggrieved by an adverse decision, excluding decisions11
relative to delictual actions for injury or damages, by the Department of Public12
Safety and Corrections or a contractor operating a private prison facility rendered13
pursuant to any administrative remedy procedures under this Part may, within thirty14
days after receipt of the decision, seek judicial review of the decision only in the15
Nineteenth Judicial District Court or, if the offender is in the physical custody of the16
sheriff, in the district court having jurisdiction in the parish in which the sheriff is17 SB NO. 503
SLS 10RS-939 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
located, in the manner hereinafter provided:1
(1)(a) * * *2
(b) In a judicial review of a disciplinary action taken against an offender by3
the Department of Public Safety and Corrections or a contractor operating a private4
prison facility, the only proper party defendant is the department. The only proper5
party defendant is the Department of Public Safety and Corrections when6
seeking judicial review of an administrative decision, excluding decisions7
relative to delictual actions for injury or damages, rendered pursuant to any8
administrative remedy procedures under this Part. For the purpose of this9
Subsection, the Department of Public Safety and Corrections means a10
correctional facility operated by the state of Louisiana or the Louisiana11
Correctional Facilities Corporation housing offenders sentenced to the custody12
of the Department of Public Safety and Corrections.13
* * *14
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Heyward Jeffers.
DIGEST
Present law provides that in a judicial review of a disciplinary action taken against an
offender by the Department of Public Safety and Corrections or a contractor operating a
private prison facility, the only proper party defendant is the department.
Proposed law removes present law and provides that the only proper party defendant is the
Department of Public Safety and Corrections when seeking judicial review of an
administrative decision, excluding decisions relative to delictual actions for injury or
damages, rendered pursuant to any administrative remedy procedures under this Part. For
the purpose of present law, the department means a correctional facility operated by the state
or the Louisiana Correctional Facilities Corporation housing offenders sentenced to the
custody of the department.
Effective August 15,2010.
(Amends R.S. 15:1177(A)(1)(b))