§ 28:105 — Extradition of escaped patients

Louisiana § 28:105

• Jurisdiction: Louisiana
• Title 28: Mental Health

Text

§105. Extradition of escaped patients
A. For purposes of this Section, the following definitions relative to extradition of
escaped patients apply:
(1) "Executive authority" means the governor of a state or other executive of a
territory, district, or insular or other possession of the United States, or his appointed
designee.
(2) "Flight" and "fled" shall mean any departure from the jurisdiction of the court
where the proceedings provided for in this Section may have been instituted and are still
pending, with the effect of avoiding, impeding, or delaying the action of the court in which
such proceedings may have been instituted or be pending.
(3) "State" shall include any state, territory, district, and insular and other possession
of the United States.
B.(1) Whenever the executive authority of any state other than Louisiana demands
the return of an escaped nonresident patient and produces a certified copy of the decree or
other judicial process and proceedings for involuntary commitment with an affidavit showing
the person to be an escapee, it shall be the duty of the executive authority of Louisiana to
apprehend and secure the escapee.
(2) The executive authority of Louisiana shall give immediate notice of the
apprehension of the escapee to the executive authority making such demand, or to the agent
of the authority appointed to receive the escapee, and shall cause the escapee to be delivered
to such agent. If no agent appears within forty days from the time of apprehension, the
escapee may be discharged.
C. All costs and expenses incurred in apprehending, securing, maintaining, and
transmitting the escapee shall be paid by the state making the demand for the return of the
escapee. Any agent so appointed who receives the escapee into his custody shall be
empowered to transmit him to the state from which he has fled.

Legislative History

Amended by Acts 2017, No. 369, §2.