§ 15:833 — Inmate contact with persons outside institution; temporary release

Louisiana § 15:833

• Jurisdiction: Louisiana
• Title 15: Criminal Procedure

Text

§833. Inmate contact with persons outside institution; temporary release
A.(1)(a) The secretary of the Department of Public Safety and Corrections may
authorize visits and correspondence under reasonable conditions between inmates and
approved friends, relatives, and other persons.
(b) If an inmate sustains serious bodily injury requiring admittance to an intensive
care unit or a medical facility, the warden or other governing authority of correctional
facility, jail, or other detention facility shall attempt to notify the inmate's immediate family
within eight hours of the medical decision to transport the inmate to a medical facility.
(c)(i) Notwithstanding any other provision of law, if an inmate sustains serious
bodily injury requiring admittance to an intensive care unit or a medical facility, a member
of the inmate's immediate family shall be granted visitation with the inmate. Visits shall be
granted daily for the duration of the inmate's admission to the intensive care unit or medical
facility, unless the warden or other governing authority of the inmate's correctional facility,
jail, or other detention facility provides written notice, within six hours of the inmate's
admission to the intensive care unit, to any immediate family member seeking visitation why
such visitation cannot be granted. Notwithstanding the provisions of this Item to the contrary,
if the inmate's admission to the intensive care unit occurs between the hours of 8:00 p.m. and
4:00 a.m., the correctional or detention facility shall provide the required written notification
within twenty-four hours of the inmate's admission to the medical facility.
(ii) For purposes of this Paragraph, "serious bodily injury" means bodily injury that
involves protracted and obvious disfigurement, or protracted loss or impairment of the
function of a bodily member, organ, or mental faculty, or a substantial risk of death.
(iii) For purposes of this Paragraph, "immediate family" means a spouse, child,
parent, stepparent, sibling, stepsibling, grandchild, or grandparent of the inmate. If all
persons defined as "immediate family" of the inmate are deceased, "immediate family" shall
also include siblings of the inmate's parents.
(iv) The visitation provided for in this Subparagraph may be supervised.
(v) The visitation provided for in this Subparagraph may be revoked if any immediate
family member possesses any item of contraband during the visitation.
(vi) The visitation shall follow all security procedures and policies of the correctional
facility, jail, or other detention center and the medical facility where the inmate is being
housed.
(2) The secretary shall establish and promulgate rules, regulations, and procedures
regarding the review and inspection of all incoming and outgoing death row inmate
correspondence in order to effectuate the purposes of Chapter 21-C of Title 46 of the
Louisiana Revised Statutes of 1950, and to determine whether any contractual arrangements
governed by those provisions are in effect or being contemplated by an inmate or any other
person.
B.(1) The secretary may also, as provided in this Subsection, authorize furloughs to
deserving inmates of any adult correctional institution. This type of furlough is intended to
serve as a rehabilitation tool to assist the inmate in maintaining family relationships during
the period of his incarceration. A furlough, as provided in this Subsection, is not to be
considered a reprieve and therefore will not extend the inmate's sentence.
(2) Prior to being recommended for furlough, the inmate shall submit a furlough plan
to his supervising authority, stating the purpose of the furlough, the destination and with
whom he plans to stay, and otherwise comply with such rules and regulations as may be
established by the secretary of corrections and adopted pursuant to the procedure as set forth
in R.S. 49:961 et seq. No furloughs shall be granted until the plan has been approved by the
secretary. A responsible member of the inmate's family or other previously approved person
shall sign a responsibility agreement and provide transportation for the inmate.
(3) No inmate serving a sentence for conviction of first degree murder (R.S. 14:30),
second degree murder (R.S. 14:30.1), attempted murder (R.S. 14:27 and 29), aggravated or
first degree rape (R.S. 14:42), attempted aggravated or first degree rape (R.S. 14:27 and 42),
forcible or second degree rape (R.S. 14:42.1), aggravated kidnapping (R.S. 14:44),
aggravated arson (R.S. 14:51), armed robbery (R.S. 14:64), attempted armed robbery (R.S.
14:27 and 64), or producing, manufacturing, distributing, or dispensing or possession with
intent to produce, manufacture, distribute, or dispense a controlled dangerous substance
classified in Schedule I or II of R.S. 40:964, nor any inmate sentenced as a habitual offender
under R.S. 15:529.1 shall be released from the institution to which he is assigned except
under security escort and then only in the following circumstances: treatment for serious
illness; visits with dying family members; funerals of family members; participation in
programs at other correctional institutions; speaking assignments; work details; court
appearances; participation in charity boxing matches; performances of any organized vocal
or instrumental group at any civic or charitable function; or religious services.
C. However, notwithstanding any provisions of law to the contrary, inmates assigned
to work duties at the governor's mansion and inmates within six months of discharge shall
be eligible for furloughs and temporary releases.
D. The Department of Public Safety and Corrections shall compile statistical data
on the incidence of furlough violations by participating inmates. Violations shall include the
commission of new offenses as well as any transgressions that result in disciplinary action
or removal from the program. The data shall indicate the nature of the incident, the age of
the offender, his original offense, the length of his sentence, his prior criminal record, and
any other characteristic found to be predictive of success or failure. This information shall
be used by the department to guide it in formulating program policies and eligibility
standards and shall be available to the legislature upon request.

Legislative History

Added by Acts 1968, No. 192, §1. Amended by Acts 1972, No. 442, §1; Acts 1978, No. 337, §1; Acts 1978, No. 510, §1; Acts 1978, No. 770, §1; Acts 1979, No. 203, §1; Acts 1985, No. 786, §1; Acts 1986, No. 1055, §1; Acts 2008, No. 572, §1; Acts 2012, No. 799, §2, eff. June 13, 2012; Acts 2015, No. 184, §2; Acts 2018, No. 349, §1, eff. May 20, 2018; Acts 2019, No. 283, §1, eff. June 11, 2019.