§ 33:84 — Duties; immigration detainers

§84. Duties; immigration detainers
A. A law enforcement agency that has custody of a detainee subject to an
immigration detainer issued by a federal immigration agency shall perform all of the
following:
(1) Provide to the judge authorized to grant or deny the detainee's release on
bail notice that the detainee is subject to an immigration detainer.
(2) Record in the detainee's case file that the detainee is subject to an
immigration detainer and comply with the requests made in the immigration detainer.
B. A law enforcement agency shall not be required to perform a duty imposed
by this Section with respect to a detainee who is transferred to the custody of the
agency by another law enforcement agency if the transferring agency performed that
duty prior to the transfer.
C. A judge who receives notice that a detainee is subject to an immigration
detainer shall cause the fact to be recorded in the minute entry, regardless of whether
the notice is received before or after a judgment in the case.
D. Each parish correctional facility shall enter into an agreement or
agreements with a federal immigration agency for temporarily housing detainees who
are the subject of immigration detainers and for the payment of the costs of housing
and detaining those detainees. A compliant agreement may include any contract
between a correctional facility and a federal immigration agency for housing or
detaining detainees subject to immigration detainers, such as basic ordering
agreements in effect on or after July 1, 2019, agreements authorized by 8 U.S.C.
1357, or successor agreements and other similar agreements authorized by federal
law.

Legislative History

Acts 2024, No. 314, §1, eff. May 28, 2024.