HLS 16RS-2074 ENGROSSED
2016 Regular Session
HOUSE BILL NO. 990
BY REPRESENTATIVE PYLANT
CORRECTIONS: Provides with respect to correctional facilities
1 AN ACT
2To enact R.S. 15:827.2, relative to the duties of the Department of Public Safety and
3 Corrections; to require the department to develop a comprehensive plan of
4 incarceration; to require the department to utilize state and local facilities prior to
5 contracting with private prison facilities; to provide for the consideration of certain
6 factors; to provide for the promulgation of rules; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 15:827.2 is hereby enacted to read as follows:
9 ยง827.2. Additional duties; comprehensive plan of incarceration
10 A. It is the intention of the Louisiana Legislature to provide for the best
11 interests of the citizens of Louisiana by providing safe and cost-effective
12 incarceration of those people committed to the custody of the Department of Public
13 Safety and Corrections.
14 B. The secretary of the Department of Public Safety and Corrections shall
15 develop a comprehensive plan to facilitate the housing of persons committed to the
16 custody of the department in an efficient and cost-effective manner.
17 C.(1) Notwithstanding the provisions of R.S. 15:824 or any other provision
18 of law to the contrary, the secretary shall house individuals committed to the
19 department in state correctional facilities and local jails based upon the security
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HB NO. 990
1 requirements of each individual and the medical needs of the individual, and shall
2 do so in the most cost-efficient manner.
3 (2) If additional space is needed to house individuals in the custody of the
4 department, after utilization of state correctional facilities and available local jail
5 space, the department may enter into a cooperative endeavor agreement with a
6 private correctional facility to house individuals committed to the custody of the
7 department while maintaining compliance with the rehabilitation, training, and
8 security needs established by the department.
9 (3) The department shall consider the factors provided for in Subsection D
10 of this Section in making determinations regarding the housing of individuals
11 committed to the custody of the department.
12 D. The department shall consider the following:
13 (1) The costs associated with feeding and housing individuals.
14 (2) The costs associated with employment of qualified personnel to properly
15 secure and maintain the facility.
16 (3) The availability of facilities to provide adequate health care for aged or
17 infirm inmates.
18 E. The provisions of this Section shall not be construed to require that any
19 individual committed to the Department of Public Safety and Corrections be
20 subjected to a standard of living below that required by the constitutions of the
21 United States and the state of Louisiana, as ordered or interpreted by the appropriate
22 court of last resort.
23 F. For the purposes of this Section:
24 (1) "Local jail" means a correctional facility operated by a political
25 subdivision of the state or defined by law as a political corporation.
26 (2) "Private correctional facility" means a correctional facility operated by
27 a private entity.
28 (3) "State correctional facility" means a correctional facility owned and
29 operated by the state of Louisiana or the Louisiana Correctional Facilities
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HB NO. 990
1 Corporation housing prisoners committed to the custody of the Department of Public
2 Safety and Corrections.
3 G. Any facility housing individuals as authorized by the provisions of this
4 Section shall meet the rehabilitation, training, and security needs established by the
5 department.
6 H. The department may promulgate rules to implement the provisions of this
7 Section, and such rules shall be promulgated pursuant to the provisions of the
8 Administrative Procedure Act.
9 I. The provisions of this Section shall not be construed to impair the
10 obligations of any contract entered into by the Department of Public Safety and
11 Corrections and a private correctional facility prior to August 1, 2016.
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)]
HB 990 Engrossed 2016 Regular Session Pylant
Abstract: Requires the Dept. of Public Safety and Corrections to develop a comprehensive
plan to facilitate the housing of inmates in an efficient and cost-effective manner and
to utilize state and local facilities prior to contracting with private prison facilities.
Proposed law requires the secretary of DPS&C to house individuals committed to the
department in state correctional facilities and local jails based upon the security requirements
of each individual and the medical needs of the individual, and in the most cost-efficient
manner.
Proposed law further provides that if additional space is needed to house individuals in the
custody of the department, after utilization of state correctional facilities and available local
jail space, the department may enter into a cooperative endeavor agreement with a private
correctional facility to house individuals committed to the custody of the department while
maintaining compliance with the rehabilitation, training, and security needs established by
the department.
Proposed law requires DPS&C to consider the following factors in making determinations
regarding the housing of inmates within the custody of the department:
(1)The costs associated with feeding and housing individuals.
(2)The costs associated with employment of qualified personnel to properly secure and
maintain the facility.
(3)The availability of facilities to provide adequate health care for aged or infirm
inmates.
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HB NO. 990
Proposed law further provides that any facility housing inmates shall meet the rehabilitation,
training, and security needs established by the department.
Provides that proposed law shall not be construed to impair the obligations of any contract
entered into by DPS&C and a private correctional facility prior to Aug. 1, 2016.
(Adds R.S. 15:827.2)
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are additions.