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.