§ 15:824 — Commitment of persons to the Department of Public Safety and Corrections

Louisiana § 15:824

• Jurisdiction: Louisiana
• Title 15: Criminal Procedure

Text

§824. Commitment of persons to the Department of Public Safety and Corrections
A. Notwithstanding any provision of law to the contrary, any individual subject to
confinement in a state adult penal or correctional institution shall be committed to the
Department of Public Safety and Corrections and not to any particular institution within the
jurisdiction of the department. The secretary of the department may transfer an inmate from
one such facility to another, insofar as the transfer is consistent with the commitment and in
accordance with treatment, training, and security needs established by the department.
B.(1)(a) In the event any individual has been committed to the department for
confinement which is or has been delayed or prevented after final sentence by court order
restricting the department from institutionalizing the individual, or when the individual is not
institutionalized in a state penal or corrections institution because of lack of facilities under
the control of the department, or the department otherwise refused to accept the individual
for confinement, which resulted or has resulted in the individual being confined in a parish
jail or institution after final sentence, or when he is being held in the parish jail without bail,
pending an appeal, or when he is a participant in a Blue Walters Substance Abuse Program
by order of a court in lieu of revocation of probation or by the committee on parole in lieu
of revocation of parole, the department shall pay to each parish sheriff, or to the governing
authority of those parishes in which the governing authority operates the parish jail, for
keeping and feeding the individual in the parish jail the sum of twenty-five dollars and thirty-nine cents per day for Fiscal Year 2019-2020, the sum of twenty-six dollars and thirty-nine
cents per day for Fiscal Year 2020-2021, and each fiscal year thereafter. Such daily sum
shall be paid from date of sentencing until the individual is confined in a penal or
correctional institution under the supervision of the department. The department shall work
with sheriffs, or the governing authority of those parishes in which the governing authority
operates the parish jail, to ensure that the basic jail guidelines are amended by December 31,
2020, to specifically provide for treatment and educational programming for individuals
confined in a parish jail or institution.
(b) If the governor declares by executive order or proclamation pursuant to the
provisions of the Louisiana Homeland Security and Emergency Assistance and Disaster Act
(R.S. 29:721 et seq.) a disaster or emergency, the department is authorized to bring into their
temporary, constructive custody inmates evacuated from those parishes affected by the
emergency or disaster, whether the inmates are federal inmates or inmates who have been
sentenced with or without hard labor, convicted of a traffic, municipal, or misdemeanor
offenses, or are awaiting trial as a pretrial detainee. The department is authorized to pay the
same amount as provided for in Subparagraph (a) of this Paragraph per inmate per day
housed by a parish prison on behalf of the Department of Public Safety and Corrections.
(c) In addition, the department shall reimburse the cost of extraordinary medical
expenses incurred in emergency circumstances when the health of the inmate requires the use
of the closest services available. The department shall not be liable to pay to a health care
provider for health care services provided to a prisoner in an amount greater than the lesser
of the actual amount billed by the health care provider, one hundred ten percent of the
Medicare rate of compensation, or the health care provider's actual costs, unless the rate of
compensation for such health care services is subject to a contractual agreement entered into
between the department and the health care provider. The rate provided for herein shall be
reevaluated by the legislature prior to a rate being established for Fiscal Year 2010-2011.
The department shall require an inmate to file a claim for reimbursement with any available
health or medical insurer in accordance with R.S. 15:831. The department, subject to
appropriation by the legislature, shall also reimburse the cost of medical care incurred when
the health of the inmate requires hospitalization and all of the following occur:
(i) The governor declares by executive order or proclamation pursuant to the
provisions of the Louisiana Homeland Security and Emergency Assistance and Disaster Act
(R.S. 29:721 et seq.) a disaster or emergency encompassing the parish prison.
(ii) The Board of Supervisors of Louisiana State University and Agricultural and
Mechanical College declares that the state hospital operated as part of the Louisiana State
University Health Sciences Center, which typically provides the medical care to inmates in
that parish, has been rendered inoperable and is unable to provide medical treatment to those
inmates.
(d) Each sheriff shall file a monthly report with the department to be paid on a
monthly basis and shall include with any request for reimbursement for extraordinary
medical expenses an explanation of why state-provided services were not used.
(e)(i) For Fiscal Year 2014-2015, subject to the appropriation of funds for this
purpose by the legislature, for any person committed to the department who is released on
parole and who is subsequently arrested and housed in a parish jail while awaiting a parole
revocation hearing, after fourteen days of being housed in the parish jail, the department shall
reimburse the sheriff, or the governing authority of those parishes in which the governing
authority operates the parish jail, at the rate of fifty percent of an amount equal to the rate
provided for in the provisions of Subparagraph (a) of this Paragraph less the sum of any
monies received from the parish governing authority for the purpose of housing such persons
pursuant to the provisions of R.S. 13:5535(1), for each day that the person is housed in the
parish jail from fourteen days after the time of arrest until the person either pleads guilty to
the subsequent charge or until the committee on parole makes its determination regarding
parole revocation, whichever occurs first.
(ii) For Fiscal Year 2015-2016, and thereafter, subject to the appropriation of funds
for this purpose by the legislature, for any person committed to the department who is
released on parole and who is subsequently arrested and housed in a parish jail while
awaiting a parole revocation hearing, after fourteen days of being housed in the parish jail,
the department shall reimburse the sheriff, or the governing authority of those parishes in
which the governing authority operates the parish jail, at the rate provided for in the
provisions of Subparagraph (a) of this Paragraph less the sum of any monies received from
the parish governing authority for the purpose of housing such persons pursuant to the
provisions of R.S. 13:5535(1), for each day that the person is housed in the parish jail from
fourteen days after the time of arrest until the person either pleads guilty to the subsequent
charge or until the committee on parole makes its determination regarding parole revocation,
whichever occurs first.
(2) When the state makes payment in accordance with this Subsection, no additional
compensation from the parish governing authority shall be paid to the sheriff for the care of
those prisoners being held for the department.
(3) In any case in which a person has been committed to the department but is being
confined in a parish jail or institution, the department shall accept into custody on a priority
basis, as established by the Department of Public Safety and Corrections, any such individual
who has been determined by the sheriff who has custody of the individual to be dangerous,
an escape risk, or afflicted with a physical or mental disorder, upon the request of the sheriff.
(4) In the city of Shreveport, when the city jail holds prisoners for the sheriff of
Caddo Parish, the increase in per diem provided for in Act No. 988 of the 1991 Regular
Session shall be paid to the governing authority of the city of Shreveport.
(5) In the parish of Terrebonne, the monies received by the sheriff, pursuant to
Paragraph (1) of this Subsection, may be used for the costs of a parish jail. Any contract,
lease, sublease, obligation, agreement, or other instrument entered into by the sheriff of
Terrebonne Parish shall be legal, valid, and binding upon the office and monies of the sheriff,
including any subsequent holder of the office of the sheriff, even though the term of the
contract, agreement, lease, sublease, obligation, or other instrument extends beyond the
expiration of the term of the sheriff who enters into it.
C.(1) Notwithstanding any provision of law to the contrary, only individuals actually
sentenced to death or confinement at hard labor shall be committed to the Department of
Public Safety and Corrections.
(2) However, in exceptional circumstances, an individual housed in a local parish
facility awaiting trial who has not yet been convicted or who has not been sentenced to the
custody of the department may be housed in a facility under the control of the department if
all of the following occur:
(a) The sheriff requests that the individual be housed in a facility under the control
of the department.
(b) The secretary of the department certifies that the sheriff has insufficient facilities
to house the individuals and that the transfer is necessary to prevent danger to the
individuals, other inmates, or to the public, or to provide adequate physical or mental medical
treatment to the individual.
(c) The sheriff has determined that the individuals should be housed by the
department because the sheriff has insufficient facilities to house the individual and that the
transfer is necessary to prevent danger to the individual, other inmates, or to the public, or
to provide adequate physical or mental medical treatment to the individual.
(3) An individual housed pursuant to the provisions of Paragraph (2) of this
Subsection shall be housed pursuant to specific criteria promulgated by the secretary.
(4) The sheriff or the governing authority of those parishes in which the governing
authority operates the local parish facility shall reimburse the department at the rate of
twenty-four dollars and thirty-nine cents per day for keeping and feeding the individual in
a facility under the control of the department. In addition, the sheriff or the governing
authority of those parishes in which the governing authority operates the local parish facility
shall reimburse the department for the cost of extraordinary medical expenses as referenced
in Subparagraph (B)(1)(c) of this Section incurred for the individual housed in a facility
under the control of the department.
(5) The daily sum shall be paid from the date of transfer to the department facility
until the individual is sentenced to confinement at hard labor or is acquitted or otherwise
released from physical custody.
(6) Individuals housed in a facility under the control of the department at the request
of the sheriff pursuant to this Section shall be housed separate and apart from offenders who
have been sentenced to confinement at hard labor.
D. In the event the Department of Public Safety and Corrections cannot accept an
individual because of lack of facilities under the control of the department, the department
may, subject to legislative appropriation, enter into a contract with a law enforcement district,
municipal, or parish governing authority to house additional prisoners. If the contract
requires the district, municipal, or parish governing authority to acquire additional bedspace
by purchase or construction of new facilities, or renovation or addition to existing facilities,
the department shall pay the sum of seven dollars per day for each prisoner provided for by
such contract. This payment shall be in addition to any other payment required under this
Section and shall be paid for the duration of the period necessary to service the debt incurred
by the district, municipal, or parish governing authority in acquiring such bedspace by
purchase or construction of new facilities or renovation or addition to existing facilities.
Such debt service period shall be specified in the contract between the department and the
district, municipal, or parish governing authority. Any such debt must receive the prior
approval of the State Bond Commission of Louisiana.

Legislative History

Added by Acts 1968, No. 192, §1. Amended by Acts 1976, No. 528, §1; Acts 1978, No. 568, §1, eff. July 12, 1978; Acts 1979, No. 135, §1; Acts 1980, No. 776, §1, eff. July 31, 1980; Acts 1983, 1st Ex. Sess., No. 54, §1; Acts 1985, No. 961, §1, eff. July 1, 1986; Acts 1988, No. 59, §1; Acts 1988, No. 780, §1; Acts 1990, No. 75, §1; Acts 1991, No. 175, §1; Acts 1991, No. 520, §1; Acts 1991 No. 988, §1, eff. July 1, 1991; Acts 1992, No. 5, §1; Acts 1992, No. 394, §1; Acts 1995, No. 978, §1; Acts 2001, No. 610, §1; Acts 2001, No. 929, §1; Acts 2005, 1st Ex. Sess., No. 62, §1, eff. Dec. 6, 2005; Acts 2006, No. 93, §1; Acts 2008, No. 638, §1, eff. July 1, 2008; Acts 2008, No. 730, §1; Acts 2012, No. 173, §2; Acts 2014, No. 652, §1, eff. July 1, 2014; Acts 2019, No. 245, §1.