SLS 17RS-209 REENGROSSED
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 to repeal R.S. 40:2852(E), relative to facilities
3 providing housing or temporary residence for individuals arrested for commission
4 of a crime; to remove 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) is hereby amended and reenacted to read as follows:
7 ยง2852. Facilities providing housing or temporary residence to individuals referred
8 by judicial agencies
9 * * *
10 D. All facilities shall be accredited by the American Correctional Association
11 within twenty-four months of opening as a judicial agency referral residential facility
12 and shall maintain accreditation by the American Correctional Association at all
13 times thereafter.
14 E. For the purposes of this Chapter, "judicial agency" means the district court
15 and officers thereof, including the district judge, the prosecutor and district attorneys.
16 However, no sheriff or sheriff's department of any parish in this state shall be
17 deemed to be a judicial agency pursuant to this Chapter. Judicial agency referral
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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 REENGROSSED
1 residential facilities shall not participate in sheriffs' work release programs nor shall
2 they receive funding from the state.
3 Section 2. R.S. 40:2852(E) is hereby repealed.
The original instrument was prepared by Ashley Menou. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Cheryl M. Serrett.
DIGEST
SB 28 Reengrossed 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 repeals R.S. 40:2852(E))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Makes Legislative Bureau technical amendments.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.