SLS 10RS-377 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. 96
BY SENATOR MORRISH
CORRECTIONAL FACILITIES. Provides relative to facilities providing housing or
temporary residence to individuals referred by judicial agencies. (8/15/10)
AN ACT1
To amend and reenact R.S. 40:2852, relative to judicial agency referral residential facilities;2
to provide for inspection and certification of judicial agency referral residential3
facilities; to provide for accreditation; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 40:2852 is hereby amended and reenacted to read as follows: 6
ยง2852. Facilities providing housing or temporary residence to individuals referred7
by judicial agencies8
A. Any facility, including pretrial diversion facilities, not otherwise required9
to be licensed by the Department of Health and Hospitals or the Department of10
Social Services, that provides housing or temporary residence for individuals who11
have been arrested for the commission of a crime and who are referred by any12
judicial agency, including the District Attorney's office, shall be regulated by rules13
adopted and enforced by the Department of Public Safety and Corrections for the14
operation of such facilities.15
B. The rules shall include, but not be limited to, providing for the16
construction, standards of operation, and services provided for such facilities. All17 SB NO. 96
SLS 10RS-377 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
rules shall be adopted in accordance with the Administrative Procedure Act.1
C. No facility shall provide housing or temporary residence to any individual2
and no judicial agency shall refer any individual to a facility providing housing or3
temporary residence until the Department of Public Safety and Corrections has4
adopted rules and has inspected the facility and certified that the facility is in5
compliance with such rules as provided for by this Section.6
D. All rules shall be adopted in accordance with the Administrative7
Procedure Act, and all facilities shall be accredited by the American Correctional8
Association within eighteen twenty-four months of opening as a judicial agency9
referral residential facility and shall maintain accreditation by the American10
Correctional Association at all times thereafter.11
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michelle Ducharme.
DIGEST
Present law provides that any facility, including pretrial diversion facilities, not otherwise
required to be licensed by the Department of Health and Hospitals or the Department of
Social Services, that provides housing or temporary residence for individuals who have been
arrested for the commission of a crime and who are referred by any judicial agency shall be
regulated by rules adopted and enforced by the Department of Public Safety and Corrections
(DPS&C) for the operation of such facilities.
Proposed law removes requirement that DPS&C also enforce rules.
Present law prohibits a facility from providing housing or temporary residence to any
individual and that no agency shall refer any individual to a facility providing housing or
temporary residence until DPS&C has adopted rules.
Proposed law further requires that the facility must be inspected and certified by DPS&C
prior to providing housing or temporary residence to any individual.
Present law requires that all facilities be accredited by the American Correctional
Association (ACA) within 18 months of opening a judicial agency referral residential
facility.
Proposed law extends the period of time for facilities to be accredited by the ACA to within
24 months of opening as a judicial agency referral residential facility and requires that
facilities maintain accreditation by the ACA at all times thereafter.
Effective August 15, 2010.
(Amends R.S. 40:2852)