The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 369 Original 2016 Regular Session Claitor
Present law provides relative to administrative remedy procedures to be utilized by the Dept. of
Public Safety and Corrections for receiving, hearing, and disposing of any and all complaints and
grievances by adult or juvenile offenders against the state, the governor, the department, or any
officials or employees thereof, among other specified individuals and entities, that arise while the
offender is within the custody or under the supervision of the department, a contractor operating a
private prison facility, or a sheriff. Present law further provides relative to records, confidentiality,
judicial review of administrative acts, service of process, and definitions.
Present law was held unconstitutional by the La. Supreme Court in Pope v. State, 792 So.2d 713 (La.
2001). The court held that present law divests the district courts of the original jurisdiction granted
by the La. Constitution in all civil matters and vests original jurisdiction over certain tort actions in
department officials who administer the administrative remedy procedure. The court further held that
present law is an invalid attempt to alter the original jurisdiction of the district courts by legislative
act. For these reasons, the court held present law to be unconstitutional as applied to tort actions by
offenders.
Accordingly, proposed law repeals present law in its entirety.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Repeals R.S. 15:1171-1179)