SLS 21RS-182 ORIGINAL
2021 Regular Session
SENATE BILL NO. 16
BY SENATOR PETERSON AND REPRESENTATIVES LANDRY, MARCELLE,
NEWELL, SELDERS AND WILLARD
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CORRECTIONAL FACILITIES. Terminates the use of private prisons, for-profit prison
contractors in Louisiana. (8/1/21)
1 AN ACT
2 To enact R.S. 39:1800.8, relative to private prisons; to terminate the use of private, for-profit
3 prison contractors in Louisiana; and to provide for related matters.
4 Be it enacted by the Legislature of Louisiana:
5 Section 1. RS 39:1800.8 is hereby enacted to read as follows:
6 ยง1800.8. Terminates use of private, for-profit contractors
7 A. On or after January 1, 2022, the department or any local
8 governmental subdivision shall not enter into a contract with a private, for-
9 profit prison contractor for a prison facility located in the state to provide
10 housing for inmates assigned to state or local facilities.
11 B. On or after January 1, 2022, the department or any local
12 governmental subdivision shall not renew a contract with a private, for-profit
13 prison contractor for a prison facility located in the state to provide housing for
14 inmates assigned to state or local facilities.
15 C. After January 1, 2029, a state prison inmate or other person under
16 the jurisdiction of the department or any local governmental subdivision shall
17 not be housed in a prison facility operated by a private, for-profit
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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. 16
SLS 21RS-182 ORIGINAL
1 prison contractor.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by James Benton.
DIGEST
SB 16 Original 2021 Regular Session Peterson
Present law provides for the Louisiana Corrections Private Management Act.
Present law provides for the following definitions:
(1)"Correctional services" means the following functions, services, and activities, when
provided within a prison:
(a)Design and construction of prison facilities.
(b)Operation of correctional facilities, including management, custody of
inmates, and providing security.
(c)Food services, commissary, medical services, including geriatric care,
transportation, sanitation, or other ancillary services.
(d)Development and implementation of assistance for classification,
management, or information systems or services.
(e)Education, training, and job programs.
(f)Counseling, special treatment programs, or other programs for special needs.
(2)"Prison contractor" or "contractor" means any entity entering into a contractual
agreement to provide any correctional services, including geriatric care to inmates
under the custody of the state.
(3)"Local governmental subdivisions" means any parish or municipality.
(4)"Prison" or "facility" or "prison facility" means any institution to be opened after
June 28, 1989, and which was not operational as of May 22, 1989, and operated by
or under authority of the department, a local governmental subdivision, or a sheriff
or chief of police, and includes, whether obtained by purchase, lease, construction,
reconstruction, restoration, improvement, alteration, repair, or other means, any
physical betterment or improvement related to the housing of inmates or any
preliminary plans, studies, or surveys relative thereto, land or rights to land, and any
furnishings, machines, vehicles, apparatus, or equipment for use in connection with
any prison facility.
Present law authorizes the DPSC and local governmental subdivisions to enter into contracts
with prison contractors for the financing, acquiring, designing, leasing, constructing, and
operating of prison facilities.
Proposed law terminates the use of private, for-profit prison contractors by the Department
of Public Safety and Corrections and local governmental subdivisions to provide housing to
inmates assigned to state or local prison facilities.
Proposed law provides that on or after January 1, 2022, the department or any local
governmental subdivision shall not enter into a contract with a private, for-profit prison
contractor for a prison facility located in the state to provide housing for inmates assigned
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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. 16
SLS 21RS-182 ORIGINAL
to state or local facilities.
Proposed law provides that on or after January 1, 2022, the department or any local
governmental subdivision shall not renew any contract with a private, for-profit prison
contractor for a prison facility located in the state to provide housing for inmates assigned
to state or local facilities.
Proposed law provides that after January 1, 2029, a state prison inmate or other person under
the jurisdiction of the department or any local governmental subdivision shall not be housed
in a prison facility operated by a private, for-profit prison contractor.
Effective August 1, 2021.
(Adds R.S. 39:1800.8)
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.