SLS 10RS-939 REENGROSSED
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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. Any offender who is aggrieved by an adverse decision, excluding10
decisions relative to delictual actions for injury or damages, by the Department of11
Public Safety and Corrections or a contractor operating a private prison facility12
rendered pursuant to any administrative remedy procedures under this Part may,13
within thirty days after receipt of the decision, seek judicial review of the decision14
only in the Nineteenth Judicial District Court or, if the offender is in the physical15
custody of the sheriff, in the district court having jurisdiction in the parish in which16
the sheriff is located, in the manner hereinafter provided:17 SB NO. 503
SLS 10RS-939 REENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(1)(a) * * *1
(b) In a judicial review of a disciplinary action taken against an offender by2
the Department of Public Safety and Corrections or a contractor operating a private3
prison facility, the only proper party defendant is the department. The only proper4
party defendant is the Department of Public Safety and Corrections when5
seeking judicial review of an administrative decision, excluding decisions6
relative to delictual actions for injury or damages, rendered pursuant to any7
administrative remedy procedures under this Part. For the purpose of this8
Subsection, the Department of Public Safety and Corrections means a9
correctional facility operated by the state of Louisiana or the Louisiana10
Correctional Facilities Corporation housing offenders sentenced to the custody11
of the Department of Public Safety and Corrections.12
* * *13
The original instrument was prepared by Heyward Jeffers. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Linda Nugent.
DIGEST
Claitor (SB 503)
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))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill.
1. Technical Legislative Bureau amendments.