HLS 12RS-508 ORIGINAL Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2012 HOUSE BILL NO. 122 BY REPRESENTATIVE LOPINTO CORRECTIONS: Allows DPS&C to house certain persons prior to conviction or sentencing under certain circumstances AN ACT1 To amend and reenact R.S. 15:824(A) and (C), relative to the commitment of persons to the2 custody of the Department of Public Safety and Corrections; to authorize the3 commitment of certain persons to the custody of the Department of Public Safety and4 Corrections prior to conviction or sentencing; to provide for the housing of those5 persons; to provide for reimbursement to the department; and to provide for related6 matters.7 Be it enacted by the Legislature of Louisiana:8 Section 1. R.S. 15:824(A) and (C) are hereby amended and reenacted to read as9 follows: 10 ยง824. Commitment of persons to the Department of Public Safety and Corrections11 A. Notwithstanding any provision of law to the contrary, any individual12 subject to confinement in a state adult penal or correctional institution shall be13 committed to the Louisiana Department of Public Safety and Corrections and not to14 any particular institution within the jurisdiction of the department. The director of15 corrections shall assign each newly committed inmate to an appropriate penal or16 correctional facility. The director secretary of the department may transfer an inmate17 from one such facility to another, insofar as the transfer is consistent with the18 commitment and in accordance with treatment, training, and security needs19 established by the department; however, no juvenile may be transferred to a penal20 HLS 12RS-508 ORIGINAL HB NO. 122 Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. or correctional facility for persons committed by a court having criminal jurisdiction1 except in accordance with the provisions of R.S. 15:1062.2 * * *3 C.(1) Notwithstanding any provision of law to the contrary, only individuals4 actually sentenced to death or confinement at hard labor shall be committed to the5 Department of Public Safety and Corrections. 6 (2) However, in exceptional circumstances, an individual housed in a local7 parish facility awaiting trial who has not yet been convicted or who has not been8 sentenced to the custody of the department may be housed in a facility under the9 control of the department if all of the following occur:10 (a) The sheriff requests that the individual be housed in a facility under the11 control of the department.12 (b) The secretary of the department agrees to the transfer.13 (c) The individual has been determined by the sheriff to be dangerous, an14 escape risk, or afflicted with a physical or mental disorder warranting housing by the15 department.16 (3) An individual housed pursuant to the provisions of Paragraph (2) of this17 Subsection shall be housed pursuant to specific criteria promulgated by the secretary.18 (4) The sheriff or the governing authority of those parishes in which the19 governing authority operates the local parish facility shall reimburse the department20 at the rate of twenty-four dollars and thirty-nine cents per day for keeping and21 feeding the individual in a facility under the control of the department.22 (5) The daily sum shall be paid from the date of transfer to the department23 facility until the individual is sentenced to confinement at hard labor or is acquitted24 or otherwise released from physical custody.25 (6) Individuals housed in a facility under the control of the department at the26 request of the sheriff pursuant to this Section shall be housed separate and apart from27 offenders who have been sentenced to confinement at hard labor.28 * * *29 HLS 12RS-508 ORIGINAL HB NO. 122 Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] Lopinto HB No. 122 Abstract: Provides for the housing of certain persons at DPS&C prior to conviction or sentencing. Present law provides that any individual subject to confinement in a state adult penal or correctional institution shall be committed to DPSC and not to any particular institution within the jurisdiction of the department. Present law provides that only individuals actually sentenced to death or confinement at hard labor shall be committed to DPS&C. Proposed law provides that an individual housed at a local parish facility awaiting trial who has not yet been convicted or who has not been sentenced to the custody of the department may be housed in a facility under the control of the department if all of the following occur: (1)The sheriff requests that the individual be housed by the department. (2)The secretary of the department agrees to the transfer. (3)The individual has been determined by the sheriff to be dangerous, an escape risk, or afflicted with a physical or mental disorder warranting housing by the department. Proposed law provides that the sheriff or the governing authority of those parishes in which the governing authority operates the local parish facility shall reimburse the department at the rate of $24.39 per day for keeping and feeding the individual in the department facility. Proposed law provides that individuals housed in a facility under the control of the department at the request of the sheriff shall be housed separate and apart from offenders who have been sentenced to confinement at hard labor. (Amends R.S. 15:824(A) and (C))