HLS 12RS-508 ORIGINAL
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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
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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
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HB NO. 122
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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))