SLS 17RS-209 ENGROSSED
2017 Regular Session
SENATE BILL NO. 28
BY SENATOR MORRISH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL JUSTICE. Provides relative to facilities providing housing to individuals
referred by judicial agencies. (8/1/17)
1 AN ACT
2 To amend and reenact R.S. 40:2852(D) and (E), relative to facilities providing housing or
3 temporary residence for individuals arrested for commission of a crime; to remove
4 accreditation requirement; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 40:2852(D) and (E) are hereby amended and reenacted to read as
7 follows:
8 ยง2852. Facilities providing housing or temporary residence to individuals referred
9 by judicial agencies
10 * * *
11 D. All facilities shall be accredited by the American Correctional Association
12 within twenty-four months of opening as a judicial agency referral residential facility
13 and shall maintain accreditation by the American Correctional Association at all
14 times thereafter.
15 E. For the purposes of this Chapter, "judicial agency" means the district court
16 and officers thereof, including the district judge, the prosecutor and district attorneys.
17 However, no sheriff or sheriff's department of any parish in this state shall be
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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. 28
SLS 17RS-209 ENGROSSED
1 deemed to be a judicial agency pursuant to this Chapter. Judicial agency referral
2 residential facilities shall not participate in sheriffs' work release programs nor shall
3 they receive funding from the state.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Ashley Menou.
DIGEST
SB 28 Engrossed 2017 Regular Session Morrish
Present law provides that any pretrial diversion facility not required to be licensed by DHH
or DCFS must be regulated by rules adopted by DPSC governing the construction, standards
of operation, and services for the facilities.
Present law prohibits a facility from providing housing or temporary residence or a judicial
agency from referring anyone to a facility until DPSC has adopted rules and inspected the
facility to certify compliance with the rules.
Present law defines judicial agency as the district court and officers thereof, including the
district judge, the prosecutor, and district attorneys.
Present law excludes the sheriff or sheriff's department of any parish from the definition of
judicial agency, prohibits judicial agency referral residential facilities from participating in
sheriffs' work release programs, and prohibits judicial agency referral residential facilities
from receiving state funds.
Present law requires the facilities be accredited by the American Correctional Association
within 24 months of opening and maintain accreditation at all times.
Proposed law removes the requirement that all facilities must be accredited by the American
Correctional Association within 24 months of opening and maintain accreditation at all times
and otherwise retains present law.
Effective August 1, 2017.
(Amends R.S. 40:2852(D) and (E))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.