§ 15:1171 — Authority

Louisiana § 15:1171

• Jurisdiction: Louisiana
• Title 15: Criminal Procedure

Text

NOTE: This provision of law was included in the Unconstitutional Statutes
Biennial Report to the Legislature, dated March 14, 2016 .
§1171. Authority
A. The Department of Public Safety and Corrections and each sheriff
may adopt an administrative remedy procedure at each of their adult and
juvenile institutions, including private prison facilities.
B. The department or sheriff may also adopt, in accordance with the
Administrative Procedure Act, administrative remedy procedures 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, the contractor operating a private prison facility
or any of its employees, shareholders, directors, officers, or agents, or a sheriff,
his deputies, or employees, which arise while an offender is within the custody
or under the supervision of the department, a contractor operating a private
prison facility, or a sheriff. Such complaints and grievances include but are
not limited to any and all claims seeking monetary, injunctive, declaratory, or
any other form of relief authorized by law and by way of illustration includes
actions pertaining to conditions of confinement, personal injuries, medical
malpractice, time computations, even though urged as a writ of habeas corpus,
or challenges to rules, regulations, policies, or statutes. Such administrative
procedures, when promulgated, shall provide the exclusive remedy available
to the offender for complaints or grievances governed thereby insofar as
federal law allows. All such procedures, including the adult and juvenile
offender disciplinary process, promulgated and effective prior to June 30,
1989, shall be deemed to be the exclusive remedy for complaints and
grievances to which they apply insofar as federal law allows.
C. The department or sheriff may also adopt procedures for adult or
juvenile offenders to discover and produce evidence in order to substantiate
their claims and promulgate rules and regulations governing the
recommendation, review, and approval of an award for monetary relief.
D. For the purposes of this Part, status as an "offender" is determined
as of the time the basis for a complaint or grievance arises. Subsequent events,
including posttrial judicial action or release from custody, shall not affect
status as an "offender" for the purposes of this Part.

Legislative History

Acts 1985, No. 672, §1; Acts 1987, No. 94, §1; Acts 1988, No. 212, §1; Acts 1989, No. 463, §1, eff. June 30, 1989; Acts 1993, No. 871, §1; Acts 1997, No. 575, §1; Acts 2001, No. 613, §1.