SLS 15RS-502 ENGROSSED
2015 Regular Session
SENATE BILL NO. 73
BY SENATOR MORRISH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CORRECTIONAL FACILITIES. Defines a judicial agency for purposes of referring certain
persons arrested for commission of a crime in housing or a temporary residence which is
regulated by the Department of Public Safety and Corrections. (8/1/15)
1 AN ACT
2 To amend and reenact R.S. 40:2852 and 2853(A), relative to facilities providing housing or
3 temporary residence to certain individuals arrested for commission of a crime; to
4 provide for referral to these facilities by certain judicial agencies; to define a judicial
5 agency; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 40:2852 and 2853(A) are hereby amended and reenacted to read as
8 follows:
9 §2852. Facilities providing housing or temporary residence to individuals referred
10 by judicial agencies
11 A. Any facility, including pretrial diversion facilities, not otherwise required
12 to be licensed by the Department of Health and Hospitals or the Department of
13 Children and Family Services, that provides housing or temporary residence for
14 individuals who have been arrested for the commission of a crime and who are
15 referred by any judicial agency, including the District Attorney's office as defined
16 in this Section, shall be regulated by rules adopted and enforced by the Department
17 of Public Safety and Corrections for the operation of such these facilities.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 73
SLS 15RS-502 ENGROSSED
1 B. The rules shall include, but not be limited to, providing for the
2 construction, standards of operation, and services provided for such these facilities.
3 All rules shall be adopted in accordance with the Administrative Procedure Act.
4 C. No facility shall provide housing or temporary residence to any individual
5 and no judicial agency shall refer any individual to a facility providing housing or
6 temporary residence until the Department of Public Safety and Corrections has
7 adopted rules and has inspected the facility and certified that the facility is in
8 compliance with such these rules as provided for by this Section.
9 D. All facilities shall be accredited by the American Correctional Association
10 within twenty-four months of opening as a judicial agency referral residential facility
11 and shall maintain accreditation by the American Correctional Association at all
12 times thereafter.
13 E. For the purposes of this Chapter, "judicial agency" means the district
14 court and officers thereof, including the district judge, the prosecutor and
15 district attorneys. However, no sheriff or sheriff's department of any parish in
16 this state shall be deemed to be a judicial agency pursuant to this Chapter.
17 Judicial agency referral residential facilities shall not participate in sheriffs'
18 work release programs nor shall they receive funding from the state.
19 §2853. Facilities providing housing or temporary residence to individuals referred
20 by judicial agencies
21 A. No facility including pretrial diversion facilities that provides housing or
22 temporary residence for individuals who have been arrested for the commission of
23 a crime who are referred by any judicial, prosecuting, or law enforcement authority
24 agency pursuant to this Chapter shall be located within one thousand feet of any
25 school or child day care center property.
26 * * *
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 73
SLS 15RS-502 ENGROSSED
The original instrument was prepared by Thomas L. Tyler. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Alden A. Clement, Jr.
DIGEST
SB 73 Engrossed 2015 Regular Session Morrish
Present law provides for judicial agency referral residential facilities, including pretrial
diversion facilities, not otherwise required to be licensed by the Dept. of Health and
Hospitals or the Dept. of Children and Family Services, that provide housing or temporary
residence for individuals who have been arrested for the commission of a crime. Present law
further provides for referral of arrestees to these facilities by any judicial agency, including
the district attorney's office.
Proposed law removes specific reference to the district attorney's office from present law and
further defines a "judicial agency" for purposes of proposed law as the district court and
officers thereof, including the district judge, the prosecutor and district attorneys. Proposed
law further provides that no sheriff or sheriff's department of any parish in this state is
deemed to be a judicial agency for purposes of present law and proposed law. Proposed law
further provides that judicial agency referral residential facilities cannot participate in
sheriffs' work release programs nor can they receive funding from the state.
Proposed law retains present law requirements that the facility be regulated by rules adopted
and enforced by the Dept. of Public Safety and Corrections and that each facility be
accredited by the American Correctional Association (ACA) within 24 months of operating
as a judicial agency referral residential facility, and that it maintain accreditation by the ACA
at all times.
Present law prohibits any facility, including a pretrial diversion facility, that provides
housing or temporary residence for individuals who have been arrested for the commission
of a crime who are referred by any judicial, prosecuting, or law enforcement authority from
being located within 1,000 feet of any property used by any school or any child day care
center.
Proposed law retains present law but removes reference of referral by any judicial,
prosecuting, or law enforcement authority, and provides for referral by any judicial agency
as defined in proposed law.
Effective August 1, 2015.
(Amends R.S. 40:2852 and 2853(A))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill
1. Changes definition of "judicial agency" for purposes of present law and
proposed law.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.