§ 15:774 — Procedures and rights

Louisiana § 15:774

• Jurisdiction: Louisiana
• Title 15: Criminal Procedure

Text

§774. Procedures and rights
A. Whenever the duly constituted authorities in a state party to this compact, which
has entered into a contract pursuant to R.S. 15:773, shall decide that confinement in, or
transfer of an inmate to, an institution within the territory of another party state is necessary
or desirable in order to provide adequate quarters and care or an appropriate program of
rehabilitation or treatment, such official may direct that the confinement be within an
institution within the territory of the other party state, the receiving state to act in that regard
solely as agent for the sending state.
B. The appropriate officials of any state party to this compact shall have access, at
all reasonable times, to any institution in which it has a contractual right to confine inmates
for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be
confined in the institution.
C. Inmates confined in an institution pursuant to this compact shall at all times be
subject to the jurisdiction of the sending state and may at any time be removed therefrom for
transfer to a prison or other institution within the sending state, for transfer to another
institution in which the sending state may have a contractual or other right to confine
inmates, for release on probation or parole, for discharge, or for any other purpose permitted
by the laws of the sending state. However, the sending state shall continue to be obligated
to such payments as may be required pursuant to the terms of any contract entered into under
the terms of R.S. 15:773.
D. Each receiving state shall provide regular reports to each sending state on the
inmates of that sending state who are in institutions pursuant to this compact including a
conduct record of each inmate and shall certify such record to the official designated by the
sending state, in order that each inmate may have official review of his record in determining
and altering the disposition of the inmate in accordance with the law which may obtain in the
sending state and in order that the same may be a source of information for the sending state.
E. All inmates who may be confined in an institution pursuant to this compact shall
be treated in a reasonable and humane manner and shall be treated equally with such similar
inmates of the receiving state as may be confined in the same institution. The fact of
confinement in a receiving state shall not deprive any inmate so confined of any legal rights
which the inmate would have had if confined in an appropriate institution of the sending
state.
F. Any hearing or hearings to which an inmate confined pursuant to this compact
may be entitled by the laws of the sending state may be had before the appropriate authorities
of the sending state, or of the receiving state if authorized by the sending state. The receiving
state shall provide adequate facilities for such hearing as may be conducted by the
appropriate officials of a sending state. In the event such hearing or hearings are had before
officials of the receiving state, the governing law shall be that of the sending state and a
record of the hearing or hearings as prescribed by the sending state shall be made. The
record together with any recommendations of the hearing officials shall be transmitted
forthwith to the official or officials before whom the hearing would have been had if it had
taken place in the sending state. In any and all proceedings held pursuant to the provisions
of this Subsection, the officials of the receiving state shall act solely as agents of the sending
state and no final determination shall be made in any matter except by the appropriate
officials of the sending state.
G. Any inmate confined pursuant to this compact shall be released within the
territory of the sending state unless the inmate and the sending and receiving states shall
agree upon release in some other place. The sending state shall bear the cost of such return
to its territory.
H. Any inmate confined pursuant to this compact shall have any rights and all rights
to participate in and derive any benefits or incur or be relieved of any obligations or have
such obligations modified or his status changed on account of any action or proceeding in
which he could have participated if confined in any appropriate institution of the sending
state located within such state.
I. The parent, guardian, trustee, or other person or persons entitled under the laws of
the sending state to act for, advise, or otherwise function with respect to any inmate shall not
be deprived of or restricted in his exercise of any power in respect of any inmate confined
pursuant to the terms of this compact.

Legislative History

Acts 2018, No. 440, §1.